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november 2003

Supreme Court of India · 2003-11-25

M/S Pepsi Foods Limited vs Collector Of Central Excise, ...

Citation / case number
AIRONLINE 2003 SC 446
Court
Supreme Court of India
Petitioner
M/S Pepsi Foods Limited
Respondent
Collector Of Central Excise, ...
Author
P. Venkatarama Reddi
Bench
P. Venkatarama Reddi, Ar. Lakshmanan

Judgment text excerpt

The Supreme Court addressed the issue of whether royalty charges collected by the appellant for the use of the trademark 'lehar' should be included in the assessable value of concentrates under Section 4 of the Central Excise Act. The Court held that the sale of concentrate and the collection of royalty are interlinked, establishing that the royalty is part of the transaction and must be included in the assessable value. Consequently, the appeals were dismissed, affirming the Tribunal's decision to include the royalty charges in the duty calculation.

M/S Pepsi Foods Limited vs Collector Of Central Excise, ... · Niyam