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april 2015

Supreme Court of India · 2015-04-08

Commnr. Of Central Excise, Hyderabad vs M/S. Detergents India Ltd. & Anr

Citation / case number
AIR 2015 SC (SUPP) 1340
Court
Supreme Court of India
Petitioner
Commnr. Of Central Excise, Hyderabad
Respondent
M/S. Detergents India Ltd. & Anr
Author
R.F. Nariman
Bench
R.F. Nariman, A.K. Sikri

Judgment text excerpt

The Supreme Court interpreted Section 4(1)(a) proviso (iii) and Section 4(4)(c) of the Central Excise and Salt Act, clarifying the definition of 'related person' for valuation purposes in wholesale trade. The Court held that the price at which goods were sold by Detergents India Limited (DIL) to its holding company Shaw Wallace Company Limited (SWCL) should be used for determining assessable value, as no mutuality of interest was established between the two companies. The judgment favored the assessee, overturning the lower authorities' decisions that had imposed penalties and confiscations.

Commnr. Of Central Excise, Hyderabad vs M/S. Detergents India Ltd. & Anr · Niyam