Supreme Court of India

Commissioner of Central Excise, Belgaum v. M/s. Akay Cosmetics Pvt. Ltd.

Neutral citation
Reported as [2005] 3 S.C.R. 118
Bench S.N. Varlava, Dr. Ar. Lakshmanan and S.H. Kapadia JJ.
Decided 1 April 2005

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

We hold that the demand for differential duty for the period 1/88 to 8/88 without issue of show-cause notice under section I IA was unsustainable.

Judgment, page 22

From the headnote

Central Excise Act, 1944: Sections 4(J)(a), 4(4)(c) and (d)-Excise duty-Manufacture of goods by assessee-Selling price of 'a related person' considered as basis of assessable value-Deduction from the assessable value in respect of cost of secondary packing, turnover tax, octroi, boughtout items, freight, insurance and handling charges-Admissibility of-Held: Deduction for expenses for secondary packing, turnover tax, octroi and brought out items are admissible subject to assessee submitting proof of actual expenses-Deductions in respect of freight, insurance and handling charges are not

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