Supreme Court of India · 2003-05-06
Commissioner Of Central Excise, Guntur vs Asian Peroxide Ltd.
- Citation / case number
- AIRONLINE 2003 SC 599
- Court
- Supreme Court of India
- Petitioner
- Commissioner Of Central Excise, Guntur
- Respondent
- Asian Peroxide Ltd.
- Bench
- Ruma Pal, B.N. Srikrishna
Judgment text excerpt
The Supreme Court held that the Tribunal erred in addressing the rate of duty and calculation of duty when the proceedings were strictly limited to the valuation of goods under the relevant excise laws. The Court clarified that the respondent could raise disputes regarding the rate and calculation of duty in response to the show cause notice. The order of the Tribunal was upheld, allowing the Commissioner (Appeals) to rehear the matter and consider all issues related to valuation and duty calculation.