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november 2010

Supreme Court of India · 2010-11-26

Commnr. Of Central Excise, Meerut vs M/S. Monsanto Mfg. (P) Ltd

Citation / case number
2011 AIR SCW 139
Court
Supreme Court of India
Petitioner
Commnr. Of Central Excise, Meerut
Respondent
M/S. Monsanto Mfg. (P) Ltd
Author
B. Sudershan Reddy
Bench
B. Sudershan Reddy, Surinder Singh Nijjar

Judgment text excerpt

The Supreme Court addressed the applicability of Rule 9(A) of the Central Excise Rules, 1944, and Section 11A of the Central Excise Act, 1944, in the context of M/s. Monsanto's pricing and duty assessment. The Court held that the show cause notice issued for differential duty was valid as M/s. Monsanto had not disclosed all relevant details of the sourcing agreement, leading to a finding of suppression of facts. The Court upheld the Commissioner’s decision, emphasizing the importance of full disclosure in tax assessments.

Commnr. Of Central Excise, Meerut vs M/S. Monsanto Mfg. (P) Ltd · Niyam