Supreme Court of India

Commnr. of Central Excise, Faridabad v. M/s Food & Healthcare Specialities & Anr.

Neutral citation
Reported as [2012] 1 S.C.R. 908
Bench D.K. Jain and Anil R. Dave JJ.
Decided 13 February 2012

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

Resultantly, the appeals are allowed and the matter is remanded back to the Tribunal for the purpose of determining the nature of relationship between the Assessee and Heinz.

Judgment, page 15

From the headnote

Central Excise Act, 1944: c Section 4(1) · Valuation of excisable goods for purposes of charging of excise duty · Contract between merchant­ manufacturer and processor-assessee for blending and packing 'Glucon ' · Held: If the processor-assessee is not at arm's length with the merchant-manufacturer and is a 0 related person, assessable value for the purpose of levy of excise duty will have to be determined in accordance with the procedure contemplated ins. 4(1)(b) of the Act read with the relevant valuation Rules · Since neither did the Tribunal address this aspect of the matter nor did it

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