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march 2005

Supreme Court of India · 2005-03-07

Kirloskar Brothers Ltd vs Commissioner Of Central Excise, Pune

Citation / case number
AIR 2005 SUPREME COURT 1523
Court
Supreme Court of India
Petitioner
Kirloskar Brothers Ltd
Respondent
Commissioner Of Central Excise, Pune
Author
Arijit Pasayat
Bench
Ruma Pal, Arijit Pasayat, C.K. Thakker

Judgment text excerpt

The Supreme Court addressed the classification of buyers under Section 4 of the Central Excise and Salt Act, 1944, determining that while an assessee can classify buyers based on commercial considerations, such classifications must be rational and identifiable. The Court upheld the CEGAT's ruling that the appellant failed to establish a distinct class of bulk buyers justifying a lower price, leading to the dismissal of the appellant's appeal. The judgment reinforced the principle that price differentiation must be based on substantial commercial rationale, not arbitrary distinctions.

Kirloskar Brothers Ltd vs Commissioner Of Central Excise, Pune · Niyam