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july 2005

Supreme Court of India · 2005-07-27

Commissioner Of Central ... vs M/S Apex Traders, Sahibabad

Citation / case number
AIR 2005 SUPREME COURT 3975
Court
Supreme Court of India
Petitioner
Commissioner Of Central ...
Respondent
M/S Apex Traders, Sahibabad
Bench
B.P. Singh, S.H. Kapadia

Judgment text excerpt

The Supreme Court, in this case, addressed the applicability of deductions under Section 4 of the Central Excise Act, 1944, specifically regarding the admissibility of rent on containers (ROC) and equalized freight in the assessable value of aerated waters. The Court upheld the assistant commissioner's decision allowing ROC as an admissible abatement, referencing the precedent set in Collector of Central Excise v. Indian Oxygen Ltd. However, it emphasized that the burden of proof lies with the assessee to substantiate claims for deductions. The appeal was decided in favor of the assessee regarding ROC but highlighted the need for adequate documentation for freight deductions.

Commissioner Of Central ... vs M/S Apex Traders, Sahibabad · Niyam