Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Central Excise Rules 1944 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Central Excise Rules, 1944 :Rules 57A and 57C-Manufacturer clearing various final products utilising duty paid inputs-Entitlement to MODVAT scheme and credit for the duty paid on the inputs utilised for manufacture of final product-Debit and credit entries in this regard made by the assessee-Held, permissible and assessee entitled to the benefits. In this appeal against the judgment of the Customs, Excise and Gold (Control) Appellate Tribunal, the appellants contended that if a manufacturer clears various final products utilising duty paid inputs, according to the Central Excise Rules, he was entitled to get credit for the duty of excise paid on the inputs which were utilised for manufacture of final product.Actually, the credit amounts were adjusted against the duty leviable on the final product. As soon as the inputs were purchased, the duty paid on them were entered in a register which had to be maintained statutorily recording the amount of credit allowable to the manufacturer.The issue in these appeals arose because some of the goods manufactured by the appellants were exempted from duty by notification dated 10.2.1986. The notification was amended on 1.3.1988 exempting copper winding wires from payment of the whole duty subject to the condition that the final products were manufactured from copper pans of over 6 mm. and that no credit of the duty paid on the goods used in their manufacture has been taken under Role 57 of the Central Excise Rules. Allowing the appeal |
Judge | Hon'ble Mr. Justice S.C. Sen |
Neutral Citation | 1995 INSC 879 |
Petitioner | M/s. Chandrapur Magnet Wires (p) Ltd., Nagpur |
Respondent | Collector Of Central Excise, Central Excise Collectorate,nagpur |
SCR | [1995] Supp. (6) S.C.R. 593 |
Judgement Date | 1995-12-12 |
Case Number | 7275 |
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