Supreme Court · 2015 INSC 969 · Decided 13 March 2015
M/S. Jayaswal Neco LTD. v. COMMNR. of Central Excise, Raipur
- Court
- Supreme Court of India
- Citation
- 2015 INSC 969 · [2015] 4 S.C.R. 313
- Case number
- CIVIL APPEAL No. 8554/2003
- Decided
- 13 March 2015
- Bench
- A.K. SIKRI, R.F. NARIMAN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
Headnote
A B Central Excise Rules, 1944: Rule 57Q - Modvat credit C 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 track, commercial production would be inexpedient - Assessee entitled to modvat credit. Allowing the appeal HELD: 1. A 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 to be used
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