2016 (5) TMI 442 - SCH - Central Excise

Maintainability - Entitlement to avail Modvat credit on inputs - received from Kudremukh Iron Ore Company Ltd., in spite of the restrictions laid down regarding availment of credit - first proviso to Notification No. 5/94-C.E. (N.T.), dated 1-3-1994 under which the credit of duty to be availed shall be restricted to the extent of duty which is equal to the additional duty leviable on the goods under Section 3 of the Customs Tariff Act, 1975 paid for such inputs - High Court held that the question with respect to rate of duty or to the value of goods for the purposes of assessment, cannot lie to the High Court. Therefore, as the question raised is clearly concerning the rate of duty to be applied, this Court cannot exercise its jurisdiction and the appeal is not maintainable reported in 2006 (7) TMI 673 - BOMBAY HIGH COURT - Apex Court dismissed the appeal with a view that the High Court has rightly dismissed the appeal on the ground of maintainability.

Summary

The Supreme Court granted leave in multiple Special Leave Petitions and dismissed the appeals filed by the Revenue as the High Court had rightly ruled that the appeals were not maintainable. (Citation: 2016 (5) TMI 442 - SC)