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october 1986

Supreme Court of India · 1986-10-28

SIDHOSONS & ANR. ETC. ETC. vs UNION OF INDIA & ORS. ETC. ETC.

Citation / case number
SC 1979/62881
Court
Supreme Court of India
Petitioner
SIDHOSONS & ANR. ETC. ETC.
Respondent
UNION OF INDIA & ORS. ETC. ETC.
Author
M.P. THAKKAR
Bench
M.P. THAKKAR

Judgment text excerpt

The Supreme Court held that under Section 2(f) of the Central Excise and Salt Act, 1944, excise duty is to be assessed based on the market value of goods at the factory gate, not on the price fetched by buyers who add their brand name. The Court clarified that the value added by the brand name belongs to the brand owner and does not contribute to the manufacturer's market value for excise duty purposes. The writ petitions were allowed, establishing that the market value for excise duty is the price of goods sans brand name.

SIDHOSONS & ANR. ETC. ETC. vs UNION OF INDIA & ORS. ETC. ETC. · Niyam