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

november 2007

Supreme Court of India · 2007-11-12

Commnr. Of Central Excise, Allahabad vs M/S Somaiya Organics (India) Ltd

Citation / case number
AIR 2007 SC (SUPP) 1123
Court
Supreme Court of India
Petitioner
Commnr. Of Central Excise, Allahabad
Respondent
M/S Somaiya Organics (India) Ltd
Author
Arijit Pasayat
Bench
Arijit Pasayat, D.K. Jain

Judgment text excerpt

The Supreme Court upheld the decision of the Customs, Excise, and Gold (Control) Appellate Tribunal, ruling that the assessable value of Ethyl Alcohol-Denatured (SDS) should be determined under Rule 6(b)(ii) of the Central Excise Valuation Rules, 1975, rather than Rule 6(b)(i). The Court emphasized that the cost of production should be considered, especially since the respondents consumed the entire SDS in their manufacturing process and did not sell it. The differential duty demand of Rs. 14,89,61,104 was thus set aside, affirming the Tribunal's ruling in favor of the assessee under Section 4(1)(b) of the Central Excise Act, 1944.

Commnr. Of Central Excise, Allahabad vs M/S Somaiya Organics (India) Ltd · Niyam