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may 2018

Supreme Court of India · 2018-05-11

COMMISSIONER OF CENTRAL EXCISE vs M/S. T.C.P. LTD.

Citation / case number
SC 2009/36357
Court
Supreme Court of India
Petitioner
COMMISSIONER OF CENTRAL EXCISE
Respondent
M/S. T.C.P. LTD.
Author
HON'BLE THE CHIEF JUSTICE RANJAN GOGOI
Bench
HON'BLE MR. JUSTICE UJJAL BHUYAN HON'BLE MRS. JUSTICE B.V. NAGARATHNA

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, rental, and service fees must be included in the transaction value for duty assessment, as they are integral to the sale of goods. 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. T.C.P. LTD. · Niyam