CBEC Circular related to valuation of goods sold to independent and related parties is not violative of central excise laws


Quick Summary
The Supreme Court has ruled that a CBEC Circular clarifying the valuation of goods sold to both related and independent parties does not violate central excise laws. The case involved Merino Panel Product Ltd, where goods sold to related parties were found to be undervalued, leading to a shortfall in excise duty. The Court affirmed that the Circular provides a lawful method for determining assessable value, even when goods are sold at different prices to different buyer types.

Court :
Supreme Court of India

Brief :
The Supreme Court of India ("the Supreme Court") in the case of Commissioner of Central Excise & Service Tax v. Merino Panel Product Ltd [Civil Appeal No. 6891 OF 2018 dated December 5, 2022] held that the Circular No. 643/34/2002-CX ("Circular") dated July 1, 2002, issued by the Central Board of Excise and Customs ("CBEC") clarifying the doubts regarding Valuation Rules with respect to goods when sold partly to related persons and partly to independent buyers, is not violative of the Central Excise Act 1994 ("CEA") and the Central Excise Valuation Rules 2000 ("CEVR").

Citation :
Civil Appeal No. 6891 OF 2018 dated December 5, 2022

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Bimal Jain
Published in Excise
Views : 225

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