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september 1997

Supreme Court of India · 1997-09-02

VIJAYAWADA BOTTLING CO. vs COLLECTOR OF CENTRAL EXCISE GUNTUR

Citation / case number
SC 1995/63115
Court
Supreme Court of India
Petitioner
VIJAYAWADA BOTTLING CO.
Respondent
COLLECTOR OF CENTRAL EXCISE GUNTUR
Author
S.C AGRAWAL
Bench
M. JAGANNADHA RAO S. C. AGRAWAL

Judgment text excerpt

The Supreme Court addressed the issue of whether rental and service charges should be included in the assessable value under Section 4 of the Central Excise Act, 1994. The Court upheld the Tribunal's decision that rental charges are includable, while service charges, related to pre-manufacturing operations, should be excluded as they do not pertain to the manufacture of the product. The Court clarified that costs directly associated with the manufacturing process must be included, while ancillary charges can be excluded, thus affirming the distinction made by the Judicial Member of the Tribunal.

VIJAYAWADA BOTTLING CO. vs COLLECTOR OF CENTRAL EXCISE GUNTUR · Niyam