Central Excise Rules, 1994 – r. 6(p)(ii) – Determining the value of the spirit –Respondent was engaged in the manufacture of organic chemicals and for which purpose it was necessary to procure specially denatured spirits from its unit at Kaptanganj – The dispute arose when the commissioner had, for the purpose of determining the value of the spirit, determined the highest rate of the denatured spirit prevalent at another unit on the specific date – Aggrieved by it, the respondent approached Customs Excise & Services Tax Appellate Tribunal, which allowed the plea of the respondent holding that the price was to be determined at the most conservative price and not at the highest of the prices as it will lose the character of the normal price – Aggrieved by the decision, the appellant approached the Supreme Court – Held : Decision of the tribunal upheld, the most conservative price is to be taken into account while determining the value of the goods – CESTAT approach and conclusions, cannot be faulted with – Appeal dismissed.
A.K. Roy v. Voltas Limited (1973) 3 SCC 503 : [1973] 2 SCR 1089 – relied on.
Union of India v. Delhi Cloth and General Mills (1963)
1 Suppl. SCC 586 – referred to.
Vacuum Oil Company v. Secretary of State for India AIR 1932 PC 168 – referred to.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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