Supreme Court · 2007 INSC 668 · Decided 29 May 2007

Commissioner of Central Excise,chandigarh v. M/S. Pepsi Foods LTD.

Court
Supreme Court of India
Citation
2007 INSC 668 · [2007] 7 S.C.R. 821
Case number
CIVIL APPEAL No. 5118/2002
Decided
29 May 2007
Bench
ARIJIT PASAYAT, LOKESHWAR SINGH PANTA (2-judge bench)
Outcome
Case Partly allowed
Case type
Civil
Acts & sections cited
Central Excise Act

Headnote

Central Excises Act, 1944 -s. I I-A-Dispute as to assessee 's claim for sales tax exemption pending before High Court-Assessee re-assessed the clearance by including sales tax element originally excluded from price and c paid differential duty of Rs. 67 lakhs-lssuance of show cause notice after Rs. 95 /akhs in regard to Rs. 2 Crores collected towards sales tax-Extended period of limitation- Invocation of-Held: Invocable as no information was given regarding deposit and about the claim of exemption and calculation. D Respondent-assessee claimed sales tax exemption which was rejected.

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