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may 2018

Supreme Court of India · 2018-05-11

COMMISSIONER OF CENTRAL EXCISE, MADURAI vs M/S. SRI VIGNESWARA COTTON MILLS LTD.

Citation / case number
SC 2006/44
Court
Supreme Court of India
Petitioner
COMMISSIONER OF CENTRAL EXCISE, MADURAI
Respondent
M/S. SRI VIGNESWARA COTTON MILLS LTD.
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, including rental and service charges, must be included in the transaction value for duty assessment. The matter was referred to a larger bench due to conflicting judgments in Union of India v. Bombay Tyre International Ltd. and Commissioner of Central Excise, Pondicherry v. Acer India Ltd., specifically regarding the interpretation of 'transaction value' and its relationship with Section 3 of the Act.

COMMISSIONER OF CENTRAL EXCISE, MADURAI vs M/S. SRI VIGNESWARA COTTON MILLS LTD. · Niyam