Supreme Court of India · 2003-04-03
UNION OF INDIA vs HINDALCO INDUSITRIES
- Citation / case number
- SC 1996/77418
- Court
- Supreme Court of India
- Petitioner
- UNION OF INDIA
- Respondent
- HINDALCO INDUSITRIES
- Bench
- SYED SHAH MOHAMMED QUADRI & ASHOK BHAN
Judgment text excerpt
The Supreme Court addressed the validity of the High Court's quashing of certain paragraphs of a show cause notice issued under Section 11-A of the Central Excise Act, 1944. The Court held that the High Court erred in prohibiting inquiry into the valuation of goods, emphasizing that the authority had jurisdiction to issue the notice. The Court reaffirmed that the valuation must be determined under Section 4(1)(a) when goods are sold in wholesale trade, thus allowing the Revenue's appeal and reinstating the show cause notice's validity.