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july 2006

Supreme Court of India · 2006-07-19

COMMNR. OF CENTRAL EXCISE, DELHI vs M/S.ACTION CONSTRUCTION EQUIPMENT (P)LTD

Citation / case number
SC 2004/18852
Court
Supreme Court of India
Petitioner
COMMNR. OF CENTRAL EXCISE, DELHI
Respondent
M/S.ACTION CONSTRUCTION EQUIPMENT (P)LTD
Author
KAPADIA
Bench
S.H. KAPADIA ARIJIT PASAYAT

Judgment text excerpt

The Supreme Court addressed the computation of assessable value of mobile cranes under Section 4(4)(d) of the Central Excise Act, 1944, in the context of evasion of excise duty by the assessee through a non-functional dummy unit, ACE Industries. The Court upheld the findings of the adjudicating authority and the appellate authority, confirming that the assessee had deliberately created a non-functional unit to evade duty, leading to the confiscation of goods and imposition of penalties. The Court dismissed the appeal, affirming the lower authorities' decisions regarding the evasion of excise duty and the appropriateness of the penalties imposed.

COMMNR. OF CENTRAL EXCISE, DELHI vs M/S.ACTION CONSTRUCTION EQUIPMENT (P)LTD · Niyam