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january 2016

Supreme Court of India · 2016-01-14

COMMISSIONER OF CENTRAL EXCISE,PUNE vs HINDUSTAN NATIONAL GLASS & INDS. LTD.

Citation / case number
SC 2008/1670
Court
Supreme Court of India
Petitioner
COMMISSIONER OF CENTRAL EXCISE,PUNE
Respondent
HINDUSTAN NATIONAL GLASS & INDS. LTD.
Author
Dipak Misra
Bench
N.V. RAMANA DIPAK MISRA

Judgment text excerpt

The Supreme Court addressed the issue of whether notional interest on advance payments should be included in the assessable value of goods under the Central Excise Act, 1944. The Court held that the revenue must establish a direct nexus between the advance payments and the pricing structure to justify the inclusion of notional interest in the sale price. The Court remanded the matter to the Commissioner for a fresh examination in light of the principles established in Commissioner of Central Excise, New Delhi vs. Hero Honda Motors Ltd., thereby allowing the respondent's appeal.

COMMISSIONER OF CENTRAL EXCISE,PUNE vs HINDUSTAN NATIONAL GLASS & INDS. LTD. · Niyam