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Supreme Court of India · 2005-03-07

KIRLOSKAR BROS. LTD. vs COMNR. OF CENTRAL EXCISE, PUNE

Citation / case number
SC 1999/19167
Court
Supreme Court of India
Petitioner
KIRLOSKAR BROS. LTD.
Respondent
COMNR. OF CENTRAL EXCISE, PUNE
Author
ARIJIT PASAYAT
Bench
RUMA PAL,ARIJIT PASAYAT,C.K. THAKKER

Judgment text excerpt

The Supreme Court examined the classification of buyers under Section 4 of the Central Excise and Salt Act, 1944, determining that the Customs Excise and Gold (Control) Appellate Tribunal (CEGAT) erred in concluding that bulk buyers did not constitute a different class. The Court held that while classification based on commercial considerations is permissible, it must be rational and identifiable. The appeal by the Revenue was allowed, affirming that the lower price for bulk buyers was unjustified as no rational basis for differentiation was established.

KIRLOSKAR BROS. LTD. vs COMNR. OF CENTRAL EXCISE, PUNE · Niyam