Niyam v2 is live — start for just ₹100 — 200 credits to try

august 2007

Supreme Court of India · 2007-08-14

M/S. ELGI EQUIPMENTS LTD. vs COMMNR. OF CENTRAL EXISE, COIMBATORE

Citation / case number
SC 2001/15351
Court
Supreme Court of India
Petitioner
M/S. ELGI EQUIPMENTS LTD.
Respondent
COMMNR. OF CENTRAL EXISE, COIMBATORE
Author
V.S. SIRPURKAR S.H. KAPADIA
Bench
V.S. SIRPURKAR S.H. KAPADIA

Judgment text excerpt

The Supreme Court ruled that M/s. Elgi Equipments Ltd. was entitled to a 20% trade discount on their products, as they consistently applied this discount across their sales pattern to all dealers. The Court emphasized that the Department's show cause notice lacked necessary details regarding the number of dealers and the discounts provided, which undermined the basis for the penalty. The judgment referenced Section 4(1)(a) of the Central Excise Act, establishing that uniformity in discount practices is crucial for entitlement to such discounts.

M/S. ELGI EQUIPMENTS LTD. vs COMMNR. OF CENTRAL EXISE, COIMBATORE · Niyam