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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.

COMMISSIONER OF CENTRAL EXCISED vs M/S TCP LTD. · Niyam