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.