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.