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november 2010

Supreme Court of India · 2010-11-12

Commnr. Of Central Excise, Aurangabad vs M/S. Bajaj Auto Ltd

Citation / case number
AIR 2011 SC (SUPP) 280
Court
Supreme Court of India
Petitioner
Commnr. Of Central Excise, Aurangabad
Respondent
M/S. Bajaj Auto Ltd
Author
H.L. Dattu
Bench
H.L. Dattu, D.K. Jain

Judgment text excerpt

The Supreme Court addressed the valuation of aluminum castings under the Customs Act, 1962, specifically citing Section 130-E and the Central Excise (Valuation) Rules, 1975. The Court held that the assessable value for Central Excise Duty must include all expenses incurred, such as sales tax and freight, which were omitted in the pricing by Bajaj to Anurang. The appeal was dismissed, affirming the Tribunal's decision that the undervalued clearances necessitated recovery of differential duty and penalties under Section 11AC and Section 11AB of the Act.

Commnr. Of Central Excise, Aurangabad vs M/S. Bajaj Auto Ltd · Niyam