Supreme Court of India · 2018-05-11
COMMISSIONER OF CENTRAL CENTRAL EXCISE BANGALORE vs M/S BHORUKA GASES LTD.
- Citation / case number
- SC 2008/13639
- Court
- Supreme Court of India
- Petitioner
- COMMISSIONER OF CENTRAL CENTRAL EXCISE BANGALORE
- Respondent
- M/S BHORUKA GASES LTD.
- Author
- HON'BLE THE CHIEF JUSTICE RANJAN GOGOI
- Bench
- HON'BLE MR. JUSTICE A.K. SIKRI, HON'BLE MR. JUSTICE S. ABDUL NAZEER, HON'BLE MR. JUSTICE M.R. SHAH
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 and related services must be included in the transaction value for duty assessment under the amended Section 4. 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., necessitating clarification on the relationship between Sections 3 and 4 of the Act.