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april 2005

Supreme Court of India · 2005-04-13

COMMNR.OF CENT.EXCISE, N.D. vs M/S.HERO HONDA MOTORS LTD.

Citation / case number
SC 1999/1606
Court
Supreme Court of India
Petitioner
COMMNR.OF CENT.EXCISE, N.D.
Respondent
M/S.HERO HONDA MOTORS LTD.
Author
S.N. VARIAVA,AR. LAKSHMANAN,S.H. KAPADIA
Bench
S.N. VARIAVA,DR. AR. LAKSHMANAN,S.H. KAPADIA

Judgment text excerpt

The Supreme Court addressed the issue of whether the income from advances received from customers should be included in the assessable value for taxation purposes. The Court held that the income accrued from such advances constitutes additional consideration and should be factored into the sale price, as it reflects the true economic benefit to the assessee. The judgment affirmed the findings of the adjudicating authority that the interest paid to customers and the income earned from investments of these advances were interlinked, thus impacting the assessable value under the relevant tax provisions.

COMMNR.OF CENT.EXCISE, N.D. vs M/S.HERO HONDA MOTORS LTD. · Niyam