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july 2005

Supreme Court of India · 2005-07-27

COMMNR. OF CENTRAL EXCISE, GHAZIABAD vs M/S. APEX TRADERS

Citation / case number
SC 2003/24016
Court
Supreme Court of India
Petitioner
COMMNR. OF CENTRAL EXCISE, GHAZIABAD
Respondent
M/S. APEX TRADERS
Author
KAPADIA
Bench
S.H. KAPADIA B.P. SINGH

Judgment text excerpt

The Supreme Court, in this case, addressed the interpretation of Section 4 of the Central Excise Act, 1944, regarding the assessable value of goods. The Court upheld the decision allowing the deduction of rent on containers (ROC) from the sale price, affirming that ROC does not form part of the assessable value as established in previous rulings. The Court also clarified that the wholesale price at the factory gate should be considered for assessment, leading to the dismissal of the department's appeal.

COMMNR. OF CENTRAL EXCISE, GHAZIABAD vs M/S. APEX TRADERS · Niyam