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may 2018

Supreme Court of India · 2018-05-11

THE COMMISSIONER OF CENTRAL EXCISE vs LINDE (INIDA) LTD.

Citation / case number
SC 2005/5569
Court
Supreme Court of India
Petitioner
THE COMMISSIONER OF CENTRAL EXCISE
Respondent
LINDE (INIDA) LTD.
Author
HON'BLE THE CHIEF JUSTICE RANJAN GOGOI
Bench
HON'BLE MR. JUSTICE S.V.N. BHATTI HON'BLE MRS. JUSTICE B.V. NAGARATHNA

Judgment text excerpt

The Supreme Court addressed the interpretation of Section 4 of the Central Excise Act, 1944, particularly regarding the inclusion of various charges (packing, rental, service) in the transaction value for excise duty assessment. The Court held that these charges are indeed part of the transaction value, thereby affirming the legislative intent behind the amended provisions. The matter was referred to a larger bench due to conflicting prior judgments, specifically Union of India v. Bombay Tyre International Ltd. and Commissioner of Central Excise, Pondicherry v. Acer India Ltd.

THE COMMISSIONER OF CENTRAL EXCISE vs LINDE (INIDA) LTD. · Niyam