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july 2005

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.

COMMNR.OF CENTRAL EXCISE, MERRUT-I vs M/S. DELHI BISLERI MINERAL CO. LTD. · Niyam