Supreme Court · 2011 INSC 141 · Decided 21 February 2011
Union of India & Ors v. M/S. Ind-Swift Laboratories LTD
- Court
- Supreme Court of India
- Citation
- 2011 INSC 141 · [2011] 2 S.C.R. 1087
- Case number
- CIVIL APPEAL No. 1976/2011
- Decided
- 21 February 2011
- Bench
- MUKUNDAKAM SHARMA, ANIL R. DAVE (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Central Excise Act Section 11
Headnote
CENVAT CREDIT RULES, 2004: A B c Rule. 14- Interest on CENVA T credit wrongly availed - Held: Interest would be payable from the date of availment of CENVAT credit and not from the date of utilization - High Court wrongly proceeded by reading down the provisions of Rule 14 to mean that where taken D 'and' utilized wrongly, interest should be payable from the date the credit has been utilized wrongly - If the provision is read as a whole, there is no reason to read the word "or" in between the expressions 'taken' or 'utilized wrongly' or 'has been erroneously refunded' as
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