Supreme Court · 2017 INSC 26 · Decided 5 January 2017

Commissioner Central Excise, Bangalore v. M/S. United Spirits LTD. & ANR.

Court
Supreme Court of India
Citation
2017 INSC 26 · [2017] 1 S.C.R. 54
Case number
CIVIL APPEAL No. 5003/2006
Decided
5 January 2017
Bench
DIPAK MISRA, N.V. RAMANA (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Central Excise Act Section 4

Headnote

Central Excise Act, 1944 - ss. 4 and JJA Proviso - Show cause notice by Revenue - To the assessee - On the ground that the assessee received additional consideration from its franchisees in the form of royalty.for supplying food flavours' which were essential manufactured by franchisees - Re-assessment of food jluvours' by including the royalty received by the assessee - Demand of differential duty - Penalty as well as interest levied - Adjudicating authority confirmed the demand - Appellate Tribunal held that there was no nexus between the royalty

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