Supreme Court · 2012 INSC 362 · Decided 29 August 2012
Commissioner of Central Excise, Mumbai v. M/S. Fiat India (P) LTD. & ANR.
- Court
- Supreme Court of India
- Citation
- 2012 INSC 362 · [2012] 12 S.C.R. 975
- Case number
- CIVIL APPEAL No. 1648/2004
- Decided
- 29 August 2012
- Bench
- H.L. DATTU, ANIL R. DAVE (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Central Excise Act Section 4(1)(a), 4(1)(b)
Headnote
Central Excise Act, 1944 - ss. 4(1)(a) and 4(1)(b) - Applicability - Assessee declaring wholesale price in terms A B of s. 4(1)(a) of the cars manufactured by them - Revenue C determining the value of the goods as per s. 4(1)(b) rlw. Valuation Rules - Notice issued by Revenue to and demanding differential duty - The adjudicating authority as well as the appellate authority confirming the show cause-cum-demand notice - Appellate D Tribunal allowing the appeal of the assessee - On appeal, held: The fundamental criterion for computing the value of an excisable article is
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