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may 2018

Supreme Court of India · 2018-05-11

COMMISSIONER OF CENTRAL EXCISE,JALANDHAR vs M/S. HINDUSTAN COCA COLA BEVERGES PRIVATE LIMITED

Citation / case number
SC 2008/5254
Court
Supreme Court of India
Petitioner
COMMISSIONER OF CENTRAL EXCISE,JALANDHAR
Respondent
M/S. HINDUSTAN COCA COLA BEVERGES PRIVATE LIMITED
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, concerning the valuation of goods for excise duty. The Court held that charges such as packing, service, and rental fees must be included in the transaction value for duty assessment, clarifying the relationship between Sections 3 and 4 of the Act. The matter was referred to a larger bench due to conflicting precedents in Union of India v. Bombay Tyre International Ltd. and Commissioner of Central Excise, Pondicherry v. Acer India Ltd.

COMMISSIONER OF CENTRAL EXCISE,JALANDHAR vs M/S. HINDUSTAN COCA COLA BEVERGES PRIVATE LIMITED · Niyam