Supreme Court of India · 2001-08-21
Commissioner Of Central Excise, Meerut vs M/S Kisan Sahkari Chinni Mills Ltd
- Citation / case number
- AIR 2001 SUPREME COURT 3379
- Court
- Supreme Court of India
- Petitioner
- Commissioner Of Central Excise, Meerut
- Respondent
- M/S Kisan Sahkari Chinni Mills Ltd
- Bench
- S. Rajendra Babu, Syed Shah Mohhamed Quadri
Judgment text excerpt
The Supreme Court addressed the interpretation of 'administrative charges' under the Uttar Pradesh Sheera Niyantran Adhiniyam, 1964, specifically Section 8(4), and its inclusion in the assessable value of molasses under Section 4(4)(d)(ii) of the Central Excise Act, 1944. The Court upheld the Tribunal's decision that these charges are a form of tax as defined under Article 366 of the Constitution and thus should not be included in the assessable value. The holding affirmed the Commissioner (Appeals)'s ruling, dismissing the Revenue's appeal and reinforcing the interpretation of taxes in fiscal legislation.