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august 2016

Supreme Court of India · 2016-08-29

COMMNR.,CENTRAL EXCISE, MADRAS vs M/S. ADISON & CO. LTD.

Citation / case number
SC 2002/7515
Court
Supreme Court of India
Petitioner
COMMNR.,CENTRAL EXCISE, MADRAS
Respondent
M/S. ADISON & CO. LTD.
Author
ANIL R. DAVE,AMITAVA ROY,L. NAGESWARA RAO
Bench
ANIL R. DAVE,AMITAVA ROY,L. NAGESWARA RAO

Judgment text excerpt

The Supreme Court addressed the validity of refund claims under Section 4 of the Central Excises & Salt Act, 1944, specifically regarding deductions for turnover and additional discounts. The Court held that such discounts cannot be deducted from the wholesale price for determining the excise duty value, thus affirming the rejection of the refund claims by the Assistant Collector. The judgment clarified the interpretation of 'value' under the Act, establishing that only certain deductions are permissible, and upheld the lower court's decision.

COMMNR.,CENTRAL EXCISE, MADRAS vs M/S. ADISON & CO. LTD. · Niyam