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Case Law Details

Case Name : Principal Commissioner Central GST And Central Excise Vs Nayara Energy Ltd (Gujarat High Court)
Appeal Number : R/Tax Appeal No. 158 of 2024
Date of Judgement/Order : 03/04/2024
Related Assessment Year :
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Principal Commissioner Central GST And Central Excise Vs Nayara Energy Ltd (Gujarat High Court)

The Gujarat High Court recently rendered a significant decision regarding the eligibility of CENVAT credit for various items used in manufacturing processes. This article delves into the case of Principal Commissioner Central GST and Central Excise vs. Nayara Energy Ltd., exploring the court’s ruling, its implications, and the arguments presented by both sides.

The crux of the matter revolved around whether Nayara Energy Ltd. was entitled to CENVAT credit on inputs such as welding electrodes, welding wires, and materials used for laying rail lines, including M.S. Gratings/G.I. Coated Gratings.

The Revenue contended that these items were not directly involved in the manufacturing process of petroleum products and thus did not qualify for CENVAT credit. They argued that these items were used for repair and maintenance rather than in the production line itself.

On the other hand, Nayara Energy Ltd. argued that the items in question were essential for the maintenance and operation of their manufacturing plant. They cited the decision of the Hon’ble Supreme Court in the case of Kisan Co-operative Sugar Factory Ltd. vs. Commissioner, Central Excise, Meerut-I, which established that items used for maintenance, repair, or fabrication of plant and machinery are eligible for CENVAT credit.

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