Supreme Court of India
Union of India & Ors. v. Mahindra & Mahindra Ltd.
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 pursuant to the old Section 4(a) the value of an excisable article for the purpose of the excise levy should be taken to be the price at which the excisable article is sold by the assessee to a buyer C at arm's length in the course of wholesale trade at the time and place of removal.
Judgment, page 14
From the headnote
CENTRAL EXCISE ACT, 1944: c s. 4 - Normal price in the course of wholesale trade - Determination of - Show cause notices issued for short payment of excise duty covering period 1982 to 1985 - High Court quashed the same - On appeal, held: Assessee failed to bring the ascertainable price of the goods, cost of transportation to depot etc., to the notice of the High Court - Assessee simply challenged the show cause notices on the ' ground that amended s.4 was not applicable - High Court without looking into the relevant fact, declared the notices illegal only on the ground that sub-clause (iii)
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