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may 1992

Supreme Court of India · 1992-05-14

UNION OF INDIA vs THE CENTURY MFG. CO. LTD.

Citation / case number
SC 1984/67858
Court
Supreme Court of India
Petitioner
UNION OF INDIA
Respondent
THE CENTURY MFG. CO. LTD.
Author
S. RANGNATHAN
Bench
S. RANGNATHAN

Judgment text excerpt

The Supreme Court upheld the validity of tariff values for sulphuric acid and chlorine fixed under notifications by the Central Government, affirming that Section 3(2) of the Central Excises and Salt Act, 1944, allows for such fixation without being restricted by Section 4's valuation methods. The Court clarified that the High Court erred in limiting the Central Government's discretion in determining excise duty rates, emphasizing that Section 3(1) and 3(2) provide broad authority for rate fixation. The judgment reinforced that the Central Government can set tariff values based on average market prices, independent of individual manufacturing costs.

UNION OF INDIA vs THE CENTURY MFG. CO. LTD. · Niyam