Supreme Court of India · 2019-12-03
C.C.E.,Vadodara vs Gujarat Narmada Valley Fer. Co. Ltd.
- Citation / case number
- AIRONLINE 2019 SC 2036
- Court
- Supreme Court of India
- Petitioner
- C.C.E.,Vadodara
- Respondent
- Gujarat Narmada Valley Fer. Co. Ltd.
- Author
- R.F. Nariman
- Bench
- V. Ramasubramanian, Aniruddha Bose, Rohinton Fali Nariman
Judgment text excerpt
The Supreme Court addressed a conflict between two prior decisions regarding the entitlement of an assessee to claim CENVAT credit on duty-paid Low Sulphur Heavy Stock (LSHS) used in the manufacture of fertilizer exempt from excise duty. The Court held that under the CENVAT Credit Rules, 2002, an assessee is entitled to claim such credit, thereby affirming the principle established in Gujarat Narmada Valley Fertilizers Company Limited's case. The reference was made to resolve the inconsistency with the earlier GSFCL decision, which was deemed less applicable in the context of the current rules.