Supreme Court of India · 2018-05-11
COMMISSIONER OF CENTRAL EXCISED vs M/S TCP LTD.
- Citation / case number
- SC 2008/6859
- Court
- Supreme Court of India
- Petitioner
- COMMISSIONER OF CENTRAL EXCISED
- Respondent
- M/S TCP 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 various charges levied by manufacturers, such as packing and rental 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., necessitating clarification on the relationship between Sections 3 and 4 of the Act.