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august 2001

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.

Commissioner Of Central Excise, Meerut vs M/S Kisan Sahkari Chinni Mills Ltd · Niyam