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april 2002

Supreme Court of India · 2002-04-04

Commissioner Of Central Excise, Madras vs Hindustan Lever Ltd.

Citation / case number
AIRONLINE 2002 SC 155
Court
Supreme Court of India
Petitioner
Commissioner Of Central Excise, Madras
Respondent
Hindustan Lever Ltd.
Bench
S.P. Bharucha, N. Santosh Hegde, D.M. Dharmadhikari

Judgment text excerpt

The Supreme Court addressed the issue of quantity discounts and free units in the context of taxation. It held that quantity discounts, which are agreed upon at the time of transaction, qualify as trade discounts and should be allowed. However, the court found insufficient evidence regarding the provision of free units as replacements for damaged stock, necessitating a remand to the assessing authority for further examination. The Tribunal's order concerning free units was set aside, while the appeals regarding quantity discounts were upheld.

Commissioner Of Central Excise, Madras vs Hindustan Lever Ltd. · Niyam