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.