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august 2006

Supreme Court of India · 2006-08-22

M/S. DUNCANS INDUSTRIES LTD., CALCUTTA vs COMMISSIONER OF CENTRAL EXCISE,NEW DELHI

Citation / case number
SC 2000/21108
Court
Supreme Court of India
Petitioner
M/S. DUNCANS INDUSTRIES LTD., CALCUTTA
Respondent
COMMISSIONER OF CENTRAL EXCISE,NEW DELHI
Author
MARKANDEY KATJU ASHOK BHAN
Bench
MARKANDEY KATJU ASHOK BHAN

Judgment text excerpt

The Supreme Court addressed appeals concerning the deletion of a duty demand of Rs. 17,67,13,315 under the Central Excise & Salt Act, 1944, specifically referencing Section 4(1)(a) and Section 4(4)(d)(i). The Court established that the assessable value for excise duty must include all relevant costs, including freight and packing charges, and upheld the Tribunal's decision to delete the duty demand while also addressing the imposition of a penalty. The appeals were disposed of with the holding that the Tribunal's order was justified, resulting in a favorable outcome for the assessee.

M/S. DUNCANS INDUSTRIES LTD., CALCUTTA vs COMMISSIONER OF CENTRAL EXCISE,NEW DELHI · Niyam