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.