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september 1985

Supreme Court of India · 1985-09-30

JOINT SECRETARY TO THE GOVT. OF INDIA AND OTHERS vs FOOD SPECIALITIES LTD.

Citation / case number
SC 1981/63797
Court
Supreme Court of India
Petitioner
JOINT SECRETARY TO THE GOVT. OF INDIA AND OTHERS
Respondent
FOOD SPECIALITIES LTD.
Author
R.S. PATHAK
Bench
R.S. PATHAK

Judgment text excerpt

The Supreme Court held that under the Central Excise & Salt Act, 1944, the value of goods for excise duty assessment cannot include the value of trade marks owned by another party. The Court affirmed the High Court's decision that the wholesale price charged by the manufacturer is the sole determinant for excise duty, regardless of the ownership of the trade marks. The appeal was dismissed, upholding the principle that the trade mark's value is immaterial to the computation of excise duty.

JOINT SECRETARY TO THE GOVT. OF INDIA AND OTHERS vs FOOD SPECIALITIES LTD. · Niyam