Supreme Court of India · 2012-08-29
Commnr. Of Central Excise, Mumbai vs M/S. Fiat India (P) Ltd. & Anr
- Court
- Supreme Court of India
- Petitioner
- Commnr. Of Central Excise, Mumbai
- Respondent
- M/S. Fiat India (P) Ltd. & Anr
- Author
- H. L. Dattu
- Bench
- Anil R. Dave, H. L. Dattu
Judgment text excerpt
The Supreme Court upheld the Tribunal's decision allowing the appeals of the respondents-assessees under the Central Excise Act, 1944, specifically referencing Section 4(1)(a) and Rule 173C of the Central Excise Rules, 1944. The Court established that the declared wholesale price was significantly lower than the cost of production, thus justifying the provisional assessment of excise duty based on actual costs. The Court affirmed the necessity of a bond for differential duty, emphasizing compliance with statutory requirements for accurate duty assessment.