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february 2005

Supreme Court of India · 2005-02-07

Collector Of Central Excise, Pune vs M/S Bajaj Tempo Ltd

Citation / case number
AIR 2005 SUPREME COURT 1029
Court
Supreme Court of India
Petitioner
Collector Of Central Excise, Pune
Respondent
M/S Bajaj Tempo Ltd
Bench
S.N. Variava, Ar. Lakshmanan, S.H. Kapadia

Judgment text excerpt

The Supreme Court addressed the issue of whether reimbursement of advertisement expenses by a manufacturer from dealers is includible in the assessable value under the Central Excise Act, 1944. The Court held that such expenses, if initially incurred by the manufacturer and later recovered from dealers, do not form part of the assessable value unless claimed as a deduction. The invocation of the extended period of limitation under Section 11A(1) was also deemed inappropriate due to lack of suppression of facts by the manufacturer.

Collector Of Central Excise, Pune vs M/S Bajaj Tempo Ltd · Niyam