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 – s. 173L – Central Excise Rules – Claim for refund of excise duty – Assessee if entitled to the refund to the extent of the value of the returned goods – Held: No cogent evidence was led by the assessee on the value of the returned goods – Value of the returned goods depend on the defects found in the manufactured goods which are returned – It varies considering the defects – Therefore, the assessee has to lead the evidence with respect to each consignment of the returned goods, which the assessee failed to prove in the present case – Further, as the value of the returned goods determined by the Deputy Commissioner at Rs. 8 to 10 per kg is found to be less than the amount of duty already paid, the appellant is rightly denied the refund of the excise duty paid – Denial of the refund is in consonance of s. 173L(v) – Concurrent findings recorded by the adjudicating authority, the Tribunal and the High Court on the value of the returned goods not required to be interfered with in the present proceeding more particularly when the same was determined by the Deputy Commissioner/Assessing Authority after giving opportunity to the assessee – Neither the Deputy Commissioner nor the Tribunal or even the High Court have committed any error in rejecting the refund claim of the assessee. Central Excise Act, 1944 – s. 173L – Value for refund u/s. 173L – Held: For the purpose of considering the value for refund u/ s. 173L what is required to be considered is the value of the returned goods – As per explanation to clause (v) of s. 173L, “value” means the market value of the excisable goods and not the exduty value thereof – Therefore, the submission on behalf of the assessee that the returned goods may be treated as a raw material and therefore the “value” of the raw material can be considered for the purpose of “value” while determining the refund u/s. 173L cannot be accepted. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2022 INSC 909 |
Petitioner | M/s. Peacock Industries Ltd. |
Respondent | Union Of India And Ors. |
SCR | [2022] 11 S.C.R. 220 |
Judgement Date | 2022-09-05 |
Case Number | 6144 |
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