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.