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CENVAT Credit Rules, 2004

14 judgments · newest first · showing 1–14

COMMISSIONER OF CENTRAL EXCISE BELAPURversusJINDAL DRUGS LTD.

2024 INSC 354Dismissed

Jindal Drugs Ltd. imported cocoa butter and cocoa powder and also received the same from its Jammu unit, then affixed two additional labels on each carton at its Taloja plant before exporting the goods. The Commissioner of Central Excise challenged the company's claim of CENVAT credit and export …

CC AND CE AND ST, NOIDAversusM/S INTERARCH BUILDING PRODUCTS PVT. LTD.

2023 INSC 476Appeal(s) allowed

The appellant (Revenue) challenged the CESTAT’s order that allowed M/s Interarch Building Products to treat its construction services as a works‑contract service, pay service tax on the total contract value and claim CENVAT credit on inputs. The Court examined whether Rule 2A of the Service Tax …

PETROLEUM CORPORATION LIMITEDversusGO AIRLINES (INDIA) LIMITED

2019 INSC 1183Dismissed

Bharat Petroleum Corporation Ltd (BPCL) supplied aviation fuel to Go Airlines under two supply agreements (2007‑2009 and 2009‑2011). BPCL claimed interest on delayed payments and invoked the arbitration clause, while Go Airlines raised two counter‑claims, one seeking CENVAT credit invoices. The …

COMMISSIONER OF SERVICE TAX ETC.versusM/S. BHAYANA BUILDERS (P) LTD. ETC.

2018 INSC 172Dismissed

The assessees, construction service providers, paid service tax under Notification 15/2004‑ST, which levies tax at 33% of the gross amount charged for construction services. In several projects the service recipients supplied certain materials (e.g., steel, cement) free of charge. The Revenue argued …

COMMISSIONER OF CENTRAL EXCISE SERVICE TAXversusULTRA TECH CEMENT LTD.

2018 INSC 87Appeal(s) allowed

UltraTech Cement Ltd claimed Cenvat credit for service tax paid on outward transportation of cement from its factory to customers' premises during Jan‑Jun 2010. The Revenue argued that such transport service, being beyond the "place of removal", is not an "input service" under Rule 2(l)(ii) of the …

COMMISSIONER OF CENTRAL EXCISE BELGAUMversusM/S. VASAVADATTA CEMENTS LTD.

2018 INSC 30Disposed off

The Central Excise Department appealed a CESTAT order that allowed M/s. Vasavadatta Cements Ltd. to claim CENVAT credit for transportation tax paid on moving finished goods from the place of removal to depots or buyers. The dispute centered on the interpretation of "input service" under Rule 2(1) of …

IA. K. SIKRI AND ASHOK BHUSHAN, JJ.]versusCOMMISSIONER OF CENTRAL EXCISE GUWAHATI

2017 INSC 1092Appeal(s) allowed

SRD Nutrients Private Ltd, a manufacturer in Assam, claimed refund of Education Cess and Higher Education Cess paid along with excise duty on goods that were exempted from excise duty under Notification 20/2007‑CE dated 25‑Apr‑2007. The lower authorities and CESTAT held that the notification only …

UNION OF INDIA & ORS.versusM/S. HINDUSTAN ZINC LTD.

2014 INSC 363Appeal(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 …

UNION OF INDIA & ORSversusM/S. IND-SWIFT LABORATORIES LTD

2011 INSC 141Appeal(s) allowed

Ind‑Swift Laboratories Ltd., a bulk drug manufacturer, admitted that it had claimed CENVAT credit on fraudulent invoices between 2001 and 2006 and paid the assessed duty. The Settlement Commission, under Sections 32E and 32F of the Central Excise Act, 1944, settled the matter and imposed simple …

M/S. MARUTI SUZUKI LTDversusCOMMISSIONER OF CENTRAL EXCISE-III, DELHI

2009 INSC 1047Disposed off

Mis. Maruti Suzuki Ltd., a motor‑vehicle manufacturer, generated electricity in its plant using naphtha and diesel and sold a portion of the surplus to its joint ventures, vendors and the grid for a price. The company claimed CENVAT credit on the duty paid on the fuel used for electricity …

UNION OF INDIA AND ORS.versusM/S. GREEN ALLOYS P. LTD.

2009 INSC 632Case Partly allowed

The Union of India filed a civil appeal against M/s Green Alloys Ltd. challenging a Punjab & Haryana High Court order that allowed the release of raw material seized under the Central Excise authorities on the sole condition of an undertaking to pay duty, without requiring cash security or a bank …