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january 2004

Supreme Court of India · 2004-01-14

Collector Of C. Ex., New Delhi vs Malwa Vanaspati And Chem. Co. Ltd.

Citation / case number
2004(164)ELT229(SC)
Court
Supreme Court of India
Petitioner
Collector Of C. Ex., New Delhi
Respondent
Malwa Vanaspati And Chem. Co. Ltd.
Bench
P. Venkatarama Reddi, S.H. Kapadia

Judgment text excerpt

The Supreme Court addressed the issue of whether the cost of metal/tin containers used for packing vegetable products is includible in the assessable value under Section 4(4)(d)(i) of the Central Excise Act, 1944. The Court noted that the CEGAT's decision to exclude the value of durable packing material was not supported by any specific legal precedent and emphasized the need for relevant documentation to substantiate claims. Ultimately, the appeal was dismissed due to the absence of necessary materials, leaving the legal question unresolved.

Collector Of C. Ex., New Delhi vs Malwa Vanaspati And Chem. Co. Ltd. · Niyam