Supreme Court · 2005 INSC 315 · Decided 27 July 2005

Commissioner of Central Excise, Ghaziabad v. M/S. Apex Traders, Sahibabad

Court
Supreme Court of India
Citation
2005 INSC 315 · [2005] SUPP. 1 S.C.R. 829
Case number
CIVIL APPEAL No. 192/2004
Decided
27 July 2005
Bench
B.P. SINGH, S.H. KAPADIA (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil

Headnote

B Central Excise Rules, 1944: r.173-C-Assessable value-Deduction claimed on account of equalized freight and Rent on Containers (ROC)-Claim regarding. quantum of C deduction-Duty of assessee to produce relevant records-Held, when it comes to the question of quantum, the duty is on the assessee Since the assessee has not produced the requisite material, the case is remitted to Assistant Commissioner to decide quantum of deduction from sale D price in whole sale trade on ac__count of freight and ROC-Central Excise Tariff Act, 1985-Schedule-Chapter 22. Respondent-assessee, a

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