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may 2018

Supreme Court of India · 2018-05-11

COMMNR. OF CENTRAL EXCISE, MADURAI vs M/S. TCP LTD.

Citation / case number
SC 2009/36368
Court
Supreme Court of India
Petitioner
COMMNR. OF CENTRAL EXCISE, MADURAI
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 charges such as packing, rental, and service fees must be included in the transaction value for duty calculation, clarifying the relationship between Sections 3 and 4 of the Act. 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., emphasizing the need for a comprehensive interpretation of excise duty principles.

COMMNR. OF CENTRAL EXCISE, MADURAI vs M/S. TCP LTD. · Niyam