Niyam v2 is live — start for just ₹100 — 200 credits to try

july 1991

Supreme Court of India · 1991-07-31

TEXMACO LTD. vs COLLECTOR OF CENTRAL EXCISE, CALCUTTA

Citation / case number
SC 1990/77063
Court
Supreme Court of India
Petitioner
TEXMACO LTD.
Respondent
COLLECTOR OF CENTRAL EXCISE, CALCUTTA
Author
M.N. VENKATACHALLIAH
Bench
M.N. VENKATACHALLIAH

Judgment text excerpt

The Supreme Court held that under Rule 8 of the Central Excise Rules, 1944, and Notification No. 120/75 CE, the assessable value for excise duty should not include the value of 'wheel sets' supplied by the Railways, as the invoice only reflected the price of the wagon-bodies. The Court found that the Tribunal misinterpreted the exemption notification, which was intended to relieve manufacturers from paying duty on components not supplied by them. Consequently, the Court allowed the appeals, ruling that the manufacturer should not be liable for duty on the value exceeding the invoice price.

TEXMACO LTD. vs COLLECTOR OF CENTRAL EXCISE, CALCUTTA · Niyam