Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1944...:. s.4(3)(d) [as substituted by s. 94 of Finance Act 2000] - Transaction value - Ascertainment of Central Excise Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Central Excise Act, 1944...:. s.4(3)(d) [as substituted bys. 94 of Finance Act, 2000] - Transaction value -Ascertainment of- Payment of excise duty by assessee onthe price at which the goods were sold to its consumers -Demand of Revenue at the price by including thetransportation cost and transit insurance cost - Whether thecost of freight and transit insurance is to be· included in the'transaction value' - Held: Inclusion of cost of freight andinsurance cost, depends upon the place of removal of thegoods - If the goods are cleared at the factory gate, then thefreight and insurance cost are not to be included in thevaluation of the goods - In the present case, plea of revenuethat place of removal of the goods in question were not at factory gate of assessee but at the buyer's premises - TheTribunal without discussing this aspect, in a cryptic non-reasoned order, allowed the appeal of the assessee - Hence,the matter remitted to the Tribunal for considering the matterafresh - Central Excise (Valuation) Rules, 1975 - Central Excise (Determination of Price of Excisable Goods)Rules,2000. |
Judge | Hon'ble Mr. Justice Arjan Kumar Sikri |
Neutral Citation | 2015 INSC 1007 |
Petitioner | Commissioner Central Excise, Mumbai-ill |
Respondent | M/s. Emco Ltd. |
SCR | [2015] 9 S.C.R. 925 |
Judgement Date | 2015-07-31 |
Case Number | 3418 |
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