Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1944 Central Excise Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Central Excise Act, 1944:Ss.4(/)(a) and (b) and 4(4)-Wholesale trade-Levy of excise duty--Valuation of excisable goods-Assessee selling goods in wholesale trade atprice approved by excise authorities-Show cause notice issued to assesseestating that cost of production of goods was more than cost of wholesaleprice-Differential duty on basis of cost of production sought to be recovered-Held, there is no valid reason to doubt genuineness of the sale price---(Joodswere sold at normal price within the meaning of s.4(/)(a) -Where normalprice within the meaning of clause (a) of sub section(!) is ascertainable, theprovisions of clause(b) cannot be resorted to-On.facts, Clause(b) of s.4(1)would not be attracted to determine the nearest ascertainable equivalent ofthe normal price of goods for assessment of excise duty. |
Judge | Hon'ble Mr. Justice S.S.M. Quadri |
Neutral Citation | 2003 INSC 187 |
Petitioner | Collector Of Central Excise, New Delhi |
Respondent | Guru Nanak Refrigeration Corpn. |
SCR | [2003] 3 S.C.R. 57 |
Judgement Date | 2003-03-27 |
Case Number | 9140 |
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