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april 2019

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.

M/S. D.J. MALPANI vs COMMISSIONER OF CENTRAL EXCISE, NASHIK · Niyam