M/S.SONY INDIA LTD. vs COMMNR. OF CENTRAL EXCISE, DELHI

The Supreme Court upheld the Tribunal's decision that the appellant was liable to pay central excise duty under Section 4-A(2) of the Central Excise Act, 1944, at the rate of 18% ad valorem based on the retail sale price of color television sets. The Court affirmed that the Standards of Weights and Measures Act, 1976 mandates the printing of the retail sale price on packages at the time of clearance from the factory, and that stock transfers do not constitute a sale. The appellant's arguments regarding the nature of stock transfers and the timing of price printing were rejected, confirming the Tribunal's findings.