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Supreme Court of India · 2015-08-06

M/S. TATA CHEMICALS LTD. vs COLLECTOR OF CENTRAL EXCISE

Citation / case number
SC 2000/19096
Court
Supreme Court of India
Petitioner
M/S. TATA CHEMICALS LTD.
Respondent
COLLECTOR OF CENTRAL EXCISE
Author
Dipak Misra
Bench
V. GOPALA GOWDA DIPAK MISRA

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 the value of gunny bags used for packing soda ash. The Court held that the Tribunal's rejection of the appellant's claim for exclusion based on the arrangement for return of the packing material was unsustainable. The Court remanded the matter for reconsideration, emphasizing that the determination of assessable value must consider whether the packing materials were supplied by the buyer and used for packing, thus clarifying the legal principles surrounding excise duty assessments.

M/S. TATA CHEMICALS LTD. vs COLLECTOR OF CENTRAL EXCISE · Niyam