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february 2002

Supreme Court of India · 2002-02-27

Commissioner Of Central Excise, Delhi vs Maruti Udyog Ltd

Citation / case number
AIR 2002 SUPREME COURT 1245
Court
Supreme Court of India
Petitioner
Commissioner Of Central Excise, Delhi
Respondent
Maruti Udyog Ltd
Bench
B.N. Kirpal, Shivaraj V. Patil, Bisheshwar Prasad Singh

Judgment text excerpt

The Supreme Court held that under Section 4 of the Central Excises and Salt Act, 1944, the value of excisable goods for excise duty purposes must exclude the element of excise duty included in the sale price. The Court affirmed the Tribunal's decision that the sale price of scrap was a cum-duty price and that the excise duty should be deducted to determine the assessable value. The appeal by the Revenue was dismissed, upholding the Tribunal's ruling that the respondent was not liable to pay additional excise duty on the scrap sold.

Commissioner Of Central Excise, Delhi vs Maruti Udyog Ltd · Niyam