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november 2004

Supreme Court of India · 2004-11-24

Commissioner Of Central Excise, ... vs Tisco Ltd.

Citation / case number
AIR 2005 SUPREME COURT 2888
Court
Supreme Court of India
Petitioner
Commissioner Of Central Excise, ...
Respondent
Tisco Ltd.
Bench
S.N. Variava, Ar. Lakshmanan

Judgment text excerpt

The Supreme Court addressed the interpretation of Section 4(1)(a) and Section 4(4)(e) of the Central Excises & Salt Act, 1944, concerning the pricing of goods sold to different classes of buyers. The Court upheld the Collector (Appeals) decision, affirming that the respondent could charge different prices to TELCO as it constituted a different class of buyer, provided there was no evidence of relatedness between the buyers. The ruling clarified that the burden of proof lies on the authority to demonstrate that buyers are related persons to deny differential pricing.

Commissioner Of Central Excise, ... vs Tisco Ltd. · Niyam