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.