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january 1995

Supreme Court of India · 1995-01-10

METAL BOX INDIA LIMITED vs THE COLLECTOR OF CENTRAL EXCISE, MADRAS

Citation / case number
SC 1989/69838
Court
Supreme Court of India
Petitioner
METAL BOX INDIA LIMITED
Respondent
THE COLLECTOR OF CENTRAL EXCISE, MADRAS
Author
MAJMUDAR S.B.
Bench
MAJMUDAR S.B.

Judgment text excerpt

The Supreme Court held that under Section 4(1)(a) of the Central Excise and Salt Act, 1944, the notional rate of interest on advances made by a buyer to a manufacturer must be included in the assessable value of goods to reflect the correct price. The Court affirmed the Tribunal's decision to reject the manufacturer's claim for deductions of rebates and discounts given to the buyer, stating that such concessions do not contravene trade practices. The Court also addressed the limitation period under Section 11A, ruling that the revenue was justified in invoking the five-year period for duty assessment.

METAL BOX INDIA LIMITED vs THE COLLECTOR OF CENTRAL EXCISE, MADRAS · Niyam