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august 2015

Supreme Court of India · 2015-08-06

M/S. Tata Chemicals Ltd vs Collector Of Central Excise

Citation / case number
AIRONLINE 2015 SC 533
Court
Supreme Court of India
Petitioner
M/S. Tata Chemicals Ltd
Respondent
Collector Of Central Excise
Author
Dipak Misra
Bench
Dipak Misra, V. Gopala Gowda

Judgment text excerpt

The Supreme Court addressed the issue of excise duty on packing materials under Section 4 of the Central Excise Act, 1944, specifically regarding the exclusion of costs for durable packing materials supplied by buyers. The Court held that if packing materials are provided by the purchaser, excise duty cannot be levied on them, thereby clarifying the legal principle that the nature of the packing material's supply affects duty liability. The judgment overturned the tribunal's previous stance, leading to a favorable outcome for the appellant regarding the assessment of excise duty.

M/S. Tata Chemicals Ltd vs Collector Of Central Excise · Niyam