Supreme Court of India · 2003-10-30
Pcc Pole Factory vs Collector Of Central Excise
- Citation / case number
- AIR 2004 SUPREME COURT 4939
- Court
- Supreme Court of India
- Petitioner
- Pcc Pole Factory
- Respondent
- Collector Of Central Excise
- Bench
- S. Rajendra Babu, G.P. Mathur
Judgment text excerpt
The Supreme Court held that the Tribunal's decision to add a 10 percent profit margin to the valuation of PCC poles manufactured by the appellant was incorrect, as the Electricity Board was not engaged in a business activity that would generate profit from the sale of these poles. The Court clarified that since the poles were used solely for the transmission of electricity and not sold to third parties, the actual value disclosed by the appellant should be accepted. Consequently, the Tribunal's order was set aside, and the appeal was allowed, with no costs awarded.