RAMALA SAHKARI CHINI MILLS LTD., U.P.versusCOMMISSIONER, CENTRAL EXCISE, MEERUT-1
2010 INSC 82929 November 2010Matter referred to larger bench
Ramala Sahkari Chini Mills Ltd., a sugar manufacturer, claimed CENVAT credit on welding electrodes used for maintenance of its plant. The Excise authorities disallowed the credit, imposed a penalty and the Tribunal upheld the disallowance, relying on earlier decisions that welding electrodes are not inputs. The appella…
COMMISSIONER OF CENTRAL EXCISE, CHENNAIversusM/S. NEBULAE HEALTH CARE LTD.
2015 INSC 80027 October 2015Dismissed
The appellants, both small‑scale industrial units, manufactured their own branded medicines and also performed job‑work for third parties, producing goods bearing the third parties' brand names. While they paid excise duty on the third‑party branded goods, they also claimed MODVAT/CENVAT credit on the inputs used. The …
UNION OF INDIA & ORS.versusM/S UNICORN INDUSTRIES
2019 INSC 105519 September 2019Appeal(s) allowed
The Union of India had granted a ten‑year exemption from excise duty for certain goods, including pan masala and tobacco products, through a 2003 notification. In 2007 it issued a new notification withdrawing that exemption on the ground that the products were hazardous to health. Manufacturers such as Unicorn Industri…
COMMISSIONER OF CENTRAL EXCISE, VADODARAversusGUJARAT NARMADA VALLEY FERTILIZERS COMPANY
2012 INSC 57511 December 2012Matter referred to larger bench
The appellant, Commissioner of Central Excise, challenged the assessee Gujarat Narmada Valley Fertilizers Ltd.’s claim of Cenvat credit on duty‑paid Low Sulphur Heavy Stock (LSHS) used as fuel to generate steam and electricity for producing fertilizer, a product exempt from excise duty. The Tribunal’s larger bench had …
UNION OF INDIA & ORS.versusM/S. HINDUSTAN ZINC LTD.
2014 INSC 3636 May 2014Appeal(s) allowed
The Union of India appealed against Hindustan Zinc Ltd. challenging the company's claim of Modvat/Cenvat credit on inputs used to produce sulphuric acid and other chemicals that were cleared to fertilizer plants at nil duty. The issue was whether Rule 57CC of the Central Excise Rules, which mandates separate accounting…
M/S. SPORTS & LEISURE APPAREL LTD.versusCOMMISSIONER OF CENTRAL EXCISE, NOIDA
2016 INSC 2444 March 2016Disposed off
MIS Sports & Leisure Apparel Ltd, a manufacturer of knitted garments, purchased excise‑duty‑paid yarn but did not claim MODVAT credit and produced fabrics wholly consumed in garment production. Under the 2002 Union Budget, Notification Nos. 14/2002‑CE and 15/2002‑CE offered two schemes: a concessional duty rate for tho…