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may 2018

Supreme Court of India · 2018-05-11

SIEL CHEMICAL COMPLEX vs COMMR.OF CEN.EXC.CHADIGARH

Citation / case number
SC 2011/15801
Court
Supreme Court of India
Petitioner
SIEL CHEMICAL COMPLEX
Respondent
COMMR.OF CEN.EXC.CHADIGARH
Author
HON'BLE THE CHIEF JUSTICE RANJAN GOGOI
Bench
HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN

Judgment text excerpt

The Supreme Court addressed the issue of whether certain charges levied by manufacturers for containers are included in the value for excise duty under Section 4 of the Central Excise Act, 1944. The Court referred conflicting decisions in Union of India v. Bombay Tyre International Ltd. and Commissioner of Central Excise, Pondicherry v. Acer India Ltd. to a larger bench for clarification on the interpretation of 'transaction value' and its relationship with Sections 3 and 4 of the Act. The Court emphasized that excise duty is a levy on manufacture, and the measure of levy must be determined by statutory provisions, not merely by the nature of the duty itself.

SIEL CHEMICAL COMPLEX vs COMMR.OF CEN.EXC.CHADIGARH · Niyam