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may 1989

Supreme Court of India · 1989-05-02

UNION OF INDIA & ORS. vs PLAYWORLD ELECTRONICS PVT. LTD. & ANR.

Citation / case number
SC 1988/70733
Court
Supreme Court of India
Petitioner
UNION OF INDIA & ORS.
Respondent
PLAYWORLD ELECTRONICS PVT. LTD. & ANR.
Author
SABYASACHI MUKHARJI
Bench
SABYASACHI MUKHARJI

Judgment text excerpt

The Supreme Court held that the price charged by the respondent company for goods sold to Bush India Ltd. was the correct assessable value for excise duty under Section 4(1)(a) of the Central Excises and Salt Act, 1944. The Court emphasized that tax planning is legitimate only within the law's framework, and colorable devices cannot be part of it. The High Court's decision to quash the Show Cause Notice was upheld, affirming that there was no misdeclaration of value by the assessee company.

UNION OF INDIA & ORS. vs PLAYWORLD ELECTRONICS PVT. LTD. & ANR. · Niyam