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.