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february 2005

Supreme Court of India · 2005-02-07

COLLECTOR OF CENT.EXCISE,PUNE vs M/S.BAJAJ TEMPO LTD.

Citation / case number
SC 1999/10578
Court
Supreme Court of India
Petitioner
COLLECTOR OF CENT.EXCISE,PUNE
Respondent
M/S.BAJAJ TEMPO LTD.
Author
KAPADIA
Bench
S.N. VARIAVA,DR. AR. LAKSHMANAN,S.H. KAPADIA

Judgment text excerpt

The Supreme Court ruled that reimbursement of advertisement expenses by a manufacturer from dealers is not includible in the assessable value under the Central Excise Act, 1944. The Court held that since the manufacturer did not claim a deduction for these expenses, they cannot be considered for duty assessment. The invocation of the extended period of limitation under Section 11A(1) was also rejected as there was no suppression of facts by the manufacturer.

COLLECTOR OF CENT.EXCISE,PUNE vs M/S.BAJAJ TEMPO LTD. · Niyam