COMMISSIONER OF CENTRAL EXCISE, DELHI vs M/S. MARUTI UDYOG LTD.

The Supreme Court held that under Section 4 of the Central Excises and Salt Act, 1944, the assessable value for excise duty must exclude the element of excise duty included in the cum-duty price. The Court affirmed the Tribunal's decision that the sale price of scrap should be treated as a normal wholesale price, and the excise duty must be deducted to determine the excisable 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.