Supreme Court of India · 2019-04-09
M/S. D.J. MALPANI vs COMMISSIONER OF CENTRAL EXCISE, NASHIK
- Citation / case number
- SC 2005/13537
- Court
- Supreme Court of India
- Petitioner
- M/S. D.J. MALPANI
- Respondent
- COMMISSIONER OF CENTRAL EXCISE, NASHIK
- Author
- HON'BLE THE CHIEF JUSTICE
- Bench
- HON'BLE THE CHIEF JUSTICE, HON'BLE MR. JUSTICE SANJAY KISHAN KAUL, HON'BLE MS. JUSTICE INDIRA BANERJEE
Judgment text excerpt
The Supreme Court held that the amount termed 'Dharmada' charged by the appellant-assessee is not part of the assessable value under Section 4 of The Central Excise Act, 1944. The Court distinguished the case from Collector vs. Panchmukhi Engineering Works and Tata Iron & Steel Co. Ltd. vs. Collector of Central Excise, Jamshedpur, asserting that Dharmada is a voluntary charitable donation and not a compulsory charge. Consequently, the Court ruled in favor of the appellant, stating that no excise duty is payable on the Dharmada component.