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april 1985

Supreme Court of India · 1985-04-25

BATA SHOE CO. (P) LTD. & OTHERS vs THE COLLECTOR OF CENTRAL EXCISE & ORS.

Citation / case number
SC 1971/60353
Court
Supreme Court of India
Petitioner
BATA SHOE CO. (P) LTD. & OTHERS
Respondent
THE COLLECTOR OF CENTRAL EXCISE & ORS.
Author
V. BALAKRISHNA ERADI
Bench
V. BALAKRISHNA ERADI

Judgment text excerpt

The Supreme Court held that for determining the value of footwear for excise duty exemption under Notification No. G.S.R. 171/67, Section 4 of the Central Excises and Salt Act, 1944 must be applied. The Court clarified that the 'value' referred to in the Notification is the assessable value calculated under Section 4, not the actual market price. The Court allowed the appeals of Bata Shoe Company, ruling that their footwear, assessed at Rs. 4.94 per pair, qualified for the exemption as it was below the Rs. 5 threshold, thereby dismissing the State's appeal.

BATA SHOE CO. (P) LTD. & OTHERS vs THE COLLECTOR OF CENTRAL EXCISE & ORS. · Niyam