Supreme Court of India · 2005-07-27
COMMNR.OF CENTRAL EXCISE, MERRUT-I vs M/S. DELHI BISLERI MINERAL CO. LTD.
- Citation / case number
- SC 2000/5357
- Court
- Supreme Court of India
- Petitioner
- COMMNR.OF CENTRAL EXCISE, MERRUT-I
- Respondent
- M/S. DELHI BISLERI MINERAL CO. LTD.
- Author
- S.H. KAPADIA B.P. SINGH
- Bench
- S.H. KAPADIA B.P. SINGH
Judgment text excerpt
The Supreme Court addressed the issue of whether amounts received under credit notes as price support incentives and rent on containers should be included in the assessable value of aerated water under Section 4(1)(a) of the Central Excise Act, 1944. The Court upheld the decision of the Commissioner, stating that these amounts were not part of the normal price and thus not includable in the assessable value as per rule 5 of the Central Excise (Valuation) Rules, 1975. The Court concluded that the assessee's sales were on a principal-to-principal basis, and the credit notes did not constitute additional consideration from buyers.