Excise duty payable on transaction value under Section 4 of the Excise Act

Last updated: 14 December 2015

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Court :
Supreme Court

Brief :
The Hon’ble Supreme Court affirmed the decision of the Tribunal, wherein it was held that while the Respondent had declared that goods were not meant for retail sale, revenue could not produce any evidence to contrary and hence, duty was rightly paid as per Section 4 of the Excise Act.

Citation :
Commissioner of Central Excise, Noida Vs. Control & Switchgears Contactors Ltd.

No need to affix MRP on goods declared to be 'not meant for retail sale', thus Excise duty payable on transaction value under Section 4 of the Excise Act

Commissioner of Central Excise, Noida Vs. Control & Switchgears Contactors Ltd. [2015 (63) taxmann.com 82 (SC)]

Facts:

Control & Switchgears Contactors Ltd. (“the Respondent”) was engaged in the manufacture of contactors over load relays, electrical timers and accessories thereof and motor starters. The Respondent was declaring on goods that they were for exclusive use of industries as a 'raw material' and not intended to be displayed for sale at a retail outlet. Thus, the Respondent did not affix Market Retail Price (”MRP”) thereon and claimed assessment under Section 4 of the Excise Act based on transaction value. The Department has alleged and passed the Order that valuation of these goods was to be under Section 4A of the Excise Act, despite the fact that no MRP was written on the packages.

Held:

The Hon’ble Supreme Court affirmed the decision of the Tribunal, wherein it was held that while the Respondent had declared that goods were not meant for retail sale, revenue could not produce any evidence to contrary and hence, duty was rightly paid as per Section 4 of the Excise Act.

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Judgement posted by

Bimal Jain

Service

FCA, FCS LLB with21 Yrs of Experience inTaxation Indirect and Direct: Education Qualification: B.Com (Hons) Chartered Accountants Company Secretary LLB Qualified SAP FI/CO Consultants Professional Membership: Chairmanof Indirect Tax Committee of PHD Chamber of Commerce Member of Indirec ... Read more

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