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may 1997

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.

IDL CHEMICALS LIMITED vs THE COLLECTOR OF CENTRAL EXCISE · Niyam