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july 1988

Supreme Court of India · 1988-07-28

INDIAN OXYGEN LTD. vs COLLECTOR OF CENTRAL EXCISE.

Citation / case number
SC 1987/70935
Court
Supreme Court of India
Petitioner
INDIAN OXYGEN LTD.
Respondent
COLLECTOR OF CENTRAL EXCISE.
Author
SABYASACHI MUKHARJI
Bench
SABYASACHI MUKHARJI

Judgment text excerpt

The Supreme Court held that under Section 4(1)(a) and Section 4(4)(d)(i) of the Central Excises and Salt Act, 1944, the cost of transportation from the factory to the depot cannot be included in the computation of the assessable value of excisable goods. The Court emphasized that when the wholesale price is ascertainable at the factory gate, transportation charges are irrelevant for duty assessment. The Tribunal's decision to remand the case for reassessment based on actual evidence was upheld, clarifying that delivery and collection charges are not related to manufacturing and must be excluded from the assessable value.

INDIAN OXYGEN LTD. vs COLLECTOR OF CENTRAL EXCISE. · Niyam