Supreme Court of India
Union of India & Ors. v. Maharaja Shree Umaid Mills
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
We are of the view that the High Court committed an error by not considering the aforestated factors and 8 therefore, we quash and set aside the impugned judgment by allowing these appeals with no order as to costs.
Judgment, page 18
From the headnote
MODVAT- Finance Act, 2000- s.112 - Central Excise Rules, 1944 7 rr. 57(1), 57A, 578 - Respondent-assessee availed MODVAT credit on HSD oil used as an input though it was not permissible - Amount wrongly availed by respondents by way of MODVAT credit recovered by the Revenue with i.nterest thereon - Recovery of wrongfully availed MODVAT credit with interest - Justification - Held: By virtue of s. 112 of the _2000 Act, if anybody had wrongfully availed MODVA T credit on the HSD oil used as an input, it was to return such amount within 30 days and in case the amount was not refunded within 30
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