Supreme Court · 2005 INSC 628 · Decided 16 December 2005

M/S. Shree Hari Chemicals Export LTD. v. Union of India and ANR.

Court
Supreme Court of India
Citation
2005 INSC 628 · [2005] SUPP. 5 S.C.R. 900
Case number
CIVIL APPEAL No. 7534/2005
Decided
16 December 2005
Bench
S.B. SINHA, P.K. BALASUBRAMANYAN (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil

Headnote

Central Excise Rules, 1944-Rules 56A and 57A-Modvat Credit Scheme-Availability of credit facility-Wrong daim of credit of duty on input of Naphthalene under Rule 57A-Subsequently claim made to return C the credit taken and claim raised under Rule 56A'--Entitlement of claim under Rule 56A-Held: if he is otherwise entitled to-Credit available under Rule 57A having been returned, assessee can claim exemption under another Rule-However, matter remitted back to the concerned Authority to determine D whether assessee was ent,itled W lake credit under Rule 56A (8). In terms of the

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