Supreme Court of India

Commissioner, Central Excise, Chandigarh v. M/s. Kwality Ice Cream Co.

Neutral citation
Reported as [2010] 14 S.C.R. 409
Bench B. Sudershan Reddy and Surinder Singh Nijjar JJ.
Decided 26 November 2010

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.

1 Supreme Court bench has cited this judgment.

What the Court ordered

For the aforesaid reasons, we are of the considered opinion that the Tribunal did not commit any error in coming to the conclusion that M/s.

Judgment, page 18

From the headnote

Central Excise Tariff Act, 1985 - s. 4(4)(c) - Valuation of excisable goods - Manufacturer-assessee entering into sourcing agreement with a company for marketing its product - Revenue holding the manufacturer-company and distributor-company as related persons and demanding duty on the basis of the price at which distributor-company selling the product - Demand confirmed by appellate authority - Tribunal negating the demand - On appeal, held: The Manufacturer!assessee-company and the distributor­ company were not 'related persons' - Transaction between them was on principal to principal basis

Where later benches applied it

Of those, 1 relied on

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