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march 2005

Supreme Court of India · 2005-03-11

The Comm.Of Cen. Excise,Meerut vs M/S Universal Glass Ltd.Sahibabad ...

Citation / case number
AIR 2005 SUPREME COURT 2900
Court
Supreme Court of India
Petitioner
The Comm.Of Cen. Excise,Meerut
Respondent
M/S Universal Glass Ltd.Sahibabad ...
Bench
S.N.Variava, Ar.Lakshmanan, S.H.Kapadia

Judgment text excerpt

The Supreme Court addressed the valuation of goods under Section 35L(b) of the Central Excise Act, 1944, determining that M/s Universal Glass Ltd. improperly relied on prices charged to unrelated buyers for assessing the value of bottles supplied to its holding company, M/s Jagatjit Industries Ltd. The Court upheld the Commissioner's decision to reject the assessee's price declarations, emphasizing that the sales were not on a principal-to-principal basis and that there was no independent market for the bottles. The ruling confirmed the need for accurate valuation based on actual market conditions and the specific characteristics of the goods supplied.

The Comm.Of Cen. Excise,Meerut vs M/S Universal Glass Ltd.Sahibabad ... · Niyam