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may 2018

Supreme Court of India · 2018-05-11

COMMISSIONER OF CENTRAL EXCISE vs M/S INOX AIR PRODUCTS LTD.

Citation / case number
SC 2009/1846
Court
Supreme Court of India
Petitioner
COMMISSIONER OF CENTRAL EXCISE
Respondent
M/S INOX AIR PRODUCTS 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 provided to customers are to be included in the transaction value for the purpose of 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 EXCISE vs M/S INOX AIR PRODUCTS LTD. · Niyam