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march 1986

Supreme Court of India · 1986-03-04

DELHI CLOTH & GENERAL MILLS CO. LTD. vs UNION Of INDIA & ORS.

Citation / case number
SC 1972/60421
Court
Supreme Court of India
Petitioner
DELHI CLOTH & GENERAL MILLS CO. LTD.
Respondent
UNION Of INDIA & ORS.
Author
E.S. VENKATARAMIAH
Bench
E.S. VENKATARAMIAH

Judgment text excerpt

The Supreme Court held that Section 4 of the Central Excise & Salt Act, 1944 does not allow the maximum price fixed under the Essential Commodities Act, 1955 to control the determination of the wholesale cash price for excise duty purposes. The Court emphasized that the excise authorities must determine the wholesale cash price based on bona fide commercial practices and not solely on government-fixed maximum prices. The appeal was allowed, setting aside the High Court's order and remanding the case for proper determination of the wholesale cash price.

DELHI CLOTH & GENERAL MILLS CO. LTD. vs UNION Of INDIA & ORS. · Niyam