COMMNR. OF CENTRAL EXCISE, KOLKATA vs M/S. BOC INDIA LTD.

The Supreme Court addressed the applicability of charges levied by manufacturers of industrial gases under Section 4 of the Central Excise Act, 1944, particularly in light of conflicting judgments in Union of India v. Bombay Tyre International Ltd. and Commissioner of Central Excise, Pondicherry v. Acer India Ltd. The Court held that the charges for containers provided to customers are relevant for determining the transaction value for excise duty. The matter was referred to a larger bench for clarification on the relationship between Sections 3 and 4 of the Act and the concept of 'transaction value'.