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august 2015

Supreme Court of India · 2015-08-21

Commissioner Of Central Excise, ... vs M/S. Indorama Synthetics (I) Ltd

Citation / case number
AIR 2015 SC (SUPP) 2239
Court
Supreme Court of India
Petitioner
Commissioner Of Central Excise, ...
Respondent
M/S. Indorama Synthetics (I) Ltd
Author
A.K. Sikri
Bench
Rohinton Fali Nariman, A.K. Sikri

Judgment text excerpt

The Supreme Court held that the duty drawback received by the seller as a result of the surrender of advance licence by buyers constitutes 'additional consideration' under Section 4 of the Central Excise Act, 1944. The Court overruled the Tribunal's decision in IFGL Refractories Ltd. v. Commissioner of Central Excise, Bhubaneswar-II, clarifying that statutory benefits from government authorities can be included in the transaction value. The Court upheld the Revenue's demand for differential duty, confirming the penalties and interest imposed on the assessee.

Commissioner Of Central Excise, ... vs M/S. Indorama Synthetics (I) Ltd · Niyam