Supreme Court of India
M/s. Jayaswal Neco Ltd. v. Commnr. of Central Excise, Raipur
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
Resultantly, we set aside the order of the Commissioner as well as of CEGAT insofar as it pertains to item "railway track material used for handling raw materials, process goods" and hold that the appellant has rightfully B claimed for MODVAT credit in respect of this item which credit is wrongly reversed by the authorities _below.
Judgment, page 13
From the headnote
Central Excise Rules, 1944: Rule 57Q - Modvat credit on capital goods - Railway track material used for handling raw materials and processed goods - Whether can be treated as capital goods uls. 57Q - Held: The use of railway tracks is related to the actual production of goods 0 and without the use of the said railway track, commercial production would be inexpedient - Assessee entitled to modvat credit. Allowing the appeal HELD: 1. bare reading of rule 57Q of Central Excise Rules shows that for the purpose of allowing credit on specified duty paid on the capital goods, such capital goods are
Authorities it was built on
Sign in free to read it
- The full judgment, page by page, as published in the Supreme Court Reports
- The ratio: what the Court held, verbatim, with the page it sits on
- Every bench that relied on it, and every bench that argued against it
- Search every reported judgment, by party, citation or question
- Download the PDF, copy pinpoint citations ready for a filing
An email address, no password.