Supreme Court of India · 2015-10-09
M/S. Spentex Industries Ltd vs Commissioner Of C.Excise & Ors
- Citation / case number
- AIR 2016 SUPREME COURT 2034
- Court
- Supreme Court of India
- Petitioner
- M/S. Spentex Industries Ltd
- Respondent
- Commissioner Of C.Excise & Ors
- Author
- A.K. Sikri
- Bench
- Rohinton Fali Nariman, A.K. Sikri
Judgment text excerpt
The Supreme Court addressed the entitlement of manufacturers/exporters to claim rebate on excise duty paid on both inputs and final products under Rule 18 of the Central Excise Rules, 2002, and Section 11B of the Central Excise Act, 1944. The Court held that a manufacturer/exporter can only claim rebate on either the duty paid on the final product or the duty paid on the inputs, but not both. The Court upheld the decision of the lower authorities rejecting the rebate claims made by the assessee, affirming the interpretation of the relevant rules and provisions.