Niyam v2 is live — start for just ₹100 — 200 credits to try

july 2023

Supreme Court of India · 2023-07-04

COMMISSIONER CENTRAL EXCISE AND CUSTOMS vs M/S.RELIANCE INDUSTRIES LTD. THROUGH ITS DIRECTOR

Citation / case number
SC 2009/22050
Court
Supreme Court of India
Petitioner
COMMISSIONER CENTRAL EXCISE AND CUSTOMS
Respondent
M/S.RELIANCE INDUSTRIES LTD. THROUGH ITS DIRECTOR
Author
HON'BLE MR. JUSTICE KRISHNA MURARI
Bench
HON'BLE MS. JUSTICE BELA M. TRIVEDI HON'BLE MR. JUSTICE KRISHNA MURARI

Judgment text excerpt

The Supreme Court examined whether the extended period of limitation under Section 11A(1) of the Central Excise Act, 1944, could be invoked for a differential duty demand based on the assessee's valuation of goods, which excluded monetary benefits from duty benefits obtained through advance licenses. The Tribunal had allowed the appeal by the respondent, leading to a dispute over the applicability of the extended limitation period. The Court analyzed the facts and legal principles involved, ultimately upholding the Tribunal's decision and clarifying the scope of valuation and limitation provisions in excise law.

COMMISSIONER CENTRAL EXCISE AND CUSTOMS vs M/S.RELIANCE INDUSTRIES LTD. THROUGH ITS DIRECTOR · Niyam