Supreme Court · 2013 INSC 845 · Decided 17 December 2013

Union of India & ORS. v. Maharaja Shree Umaid Mills

Court
Supreme Court of India
Citation
2013 INSC 845 · [2013] 17 S.C.R. 271
Case number
CIVIL APPEAL No. 5634/2008
Decided
17 December 2013
Bench
ANIL R. DAVE, DIPAK MISRA (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil

Headnote

A B 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 C it was not permissible - Amount wrongly availed by respondents by way of MODVAT credit recovered by the Revenue with i.nterest MODVAT credit with interest - Justification - Held: By virtue of s. 112 of the _2000 Act, if anybody had wrongfully D 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 days, the amount had to be

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