SC upholds plea of revenue neutrality in case of captive consumption to set aside invocation of extended period

Last updated: 15 June 2015

Court :
Supreme Court

Brief :
The Hon’ble Apex Court held that even though the goods were found to be different, payment of duty taking comparative value was done with bona fide belief. When entire exercise was revenue neutral (i.e. credit of duty paid on captive consumption was available to the Appellant itself), the Appellant could not have achieved any purpose to evade duty. Hence, extended period of limitation and consequent demand was set aside.

Citation :
Nirlon Ltd. Vs. Commissioner of Central Excise, Mumbai [(2015) 58 taxmann.com 28 (SC)]

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Bimal Jain

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SC upholds plea of revenue neutrality in case of captive consumption to set aside invocation of extended period

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