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january 1990

Supreme Court of India · 1990-01-30

INDIAN PISTON LIMITED vs COLLECTOR OF CENTRAL EXCISE, MADRAS

Citation / case number
SC 1987/70911
Court
Supreme Court of India
Petitioner
INDIAN PISTON LIMITED
Respondent
COLLECTOR OF CENTRAL EXCISE, MADRAS
Author
M.H. KANIA
Bench
M.H. KANIA

Judgment text excerpt

The Supreme Court held that under Section 4 of the Central Excises and Salt Act, 1944, the appellant's distributors were not 'related persons', thus the excise duty collected on sales to them was deemed excess. The Court clarified that the protest made by the appellant regarding the pricing should encompass all sales to distributors, not just those to wholesale distributors and O.E. manufacturers. Consequently, the appellant was entitled to a refund of the excess excise duty paid on these transactions.

INDIAN PISTON LIMITED vs COLLECTOR OF CENTRAL EXCISE, MADRAS · Niyam