Supreme Court of India · 1997-05-09
IDL CHEMICALS LIMITED vs THE COLLECTOR OF CENTRAL EXCISE
- Citation / case number
- SC 1989/72526
- Court
- Supreme Court of India
- Petitioner
- IDL CHEMICALS LIMITED
- Respondent
- THE COLLECTOR OF CENTRAL EXCISE
- Author
- K.T. THOMAS SUHAS C. SEN
- Bench
- K.T. THOMAS SUHAS C. SEN
Judgment text excerpt
The Supreme Court ruled that under Section 4(1) of the Central Excise Act, 1944, the 'normal price' for excise duty calculation should be based on the price at which goods are usually sold to wholesale dealers, specifically in this case, Coal India Limited, which purchases 90% of the appellant's goods. The Court held that the appellant's method of provisional duty payment based on the lower price for Coal India Limited was valid, as there was no evidence of tax avoidance or suppression of facts. The judgment affirmed the appellant's approach to calculating excise duty on goods transported to magazines outside the State of Orissa.