COMMISSIONER OF INCOME TAX DEL vs. M/S AHUJA RADIOS
The appeals are dismissed
ITA/1054/2006HC Delhi20 Oct 2008
Bench: HON'BLE MR. JUSTICE BADAR DURREZ AHMED,HON'BLE MR. JUSTICE RAJIV SHAKDHER
For Appellant: Mrs Prem Lata BansalFor Respondent: Mr B.B. Ahuja Sr Advocate with
Section 260ASection 80H
…n respect of his final product, his liability to pay excise duty to that extent stands discharged. In Eicher Motors Ltd v. Union of India: (1999) 2 ITA 337/07,1127/06,1054/06,289/07 Page No.7 of 8 SCC 361 and in CCE v. Dai Ichi Karkaria Ltd : (1999) 7 SCC 448 the Supreme Court observed that a credit under the MODVAT Scheme was “as good as tax paid.” In other words, an adjustment of modvat credit essentially entails the payment of excise duty. 7. We have already noted above that excise duty, in view of the Supreme Court decision in the case of Lakshmi Machine Works (supra), is not to be inclu…