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july 2000

Supreme Court of India · 2000-07-20

M/S. PAWAN BISCUITS CO. P. LTD. vs COLLECTOR OF CENTRAL EXCISE PATNA

Citation / case number
SC 1991/74565
Court
Supreme Court of India
Petitioner
M/S. PAWAN BISCUITS CO. P. LTD.
Respondent
COLLECTOR OF CENTRAL EXCISE PATNA
Author
D.P.MOHAPATRA B.N.KIRPAL
Bench
D.P.MOHAPATRA B.N.KIRPAL

Judgment text excerpt

The Supreme Court addressed the assessable value of biscuits manufactured by the appellant for Britannia Industries Ltd. under an agreement that established a principal-principal relationship, not principal-agent. The Court held that the assessable value should not consider post-manufacturing expenses, reaffirming the principle established in M/s Ujagar Prints and Others v. Union of India (1989) 3 SCC 488. The Court ruled in favor of the appellant, overturning the Tribunal's decision that treated the appellant as an agent of Britannia.

M/S. PAWAN BISCUITS CO. P. LTD. vs COLLECTOR OF CENTRAL EXCISE PATNA · Niyam