Niyam v2 is live — start for just ₹100 — 200 credits to try

may 2018

Supreme Court of India · 2018-05-11

COMMISSIONER OF CENTRAL EXCISE vs M/S. ULTRA MARINE

Citation / case number
SC 2005/19441
Court
Supreme Court of India
Petitioner
COMMISSIONER OF CENTRAL EXCISE
Respondent
M/S. ULTRA MARINE
Author
HON'BLE THE CHIEF JUSTICE RANJAN GOGOI
Bench
HON'BLE THE CHIEF JUSTICE RANJAN GOGOI, HON'BLE MR. JUSTICE DEEPAK GUPTA, HON'BLE MR. JUSTICE ANIRUDDHA BOSE

Judgment text excerpt

The Supreme Court addressed the applicability of Section 4 of the Central Excise Act, 1944 regarding the valuation of goods for excise duty. The court held that the charges collected by manufacturers for containers provided to customers must be included in the transaction value for duty assessment. The judgment clarified the relationship between Sections 3 and 4 of the Act, emphasizing that while they are interlinked, they operate in distinct fields, thus resolving the conflict between prior decisions in Union of India v. Bombay Tyre International Ltd. and Commissioner of Central Excise, Pondicherry v. Acer India Ltd.

COMMISSIONER OF CENTRAL EXCISE vs M/S. ULTRA MARINE · Niyam