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august 2005

Supreme Court of India · 2005-08-09

COMMNR. OF CENTRAL EXCISE, BHUBNESHWAR vs M/S. IFGL REGRACTORIES LTD.

Citation / case number
SC 2001/7448
Court
Supreme Court of India
Petitioner
COMMNR. OF CENTRAL EXCISE, BHUBNESHWAR
Respondent
M/S. IFGL REGRACTORIES LTD.
Author
S. N. VARIAVA
Bench
DR. AR. LAKSHMANAN S. N. VARIAVA

Judgment text excerpt

The Supreme Court upheld the Tribunal's decision that the benefits derived by the Respondents from the Advance Intermediate Licences, issued under the Duty Exemption Scheme, do not constitute 'additional consideration' for the purpose of excise duty under Section 4 of the Central Excise Act. The Court clarified that such benefits are statutory in nature and should not be treated as part of the contract price between the buyer and seller. Consequently, the appeal by the Appellants was dismissed, affirming the Tribunal's ruling in favor of the Respondents.

COMMNR. OF CENTRAL EXCISE, BHUBNESHWAR vs M/S. IFGL REGRACTORIES LTD. · Niyam