Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

No need to affix MRP on goods declared to be 'not meant for retail sale', thus Excise duty payable on transaction value under Section 4 of the Excise Act

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... No need to affix MRP on goods declared to be 'not meant for retail sale', thus Excise duty payable on transaction value under Section 4 of the Excise Act
By: - Bimal jain
Central Excise
Dated .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... :- 15-12-2015

Commissioner of Central Excise, Noida Vs. Control & Switchgears Contactors Ltd. [2015 (11) TMI 1169 - SUPREME COURT OF INDIA] Facts: Control & Switchgears Contactors Ltd. ("the .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Respondent") was engaged in the manufacture of contactors over load relays, electrical timers and accessories thereof and motor starters. The Respondent was declaring on goods that they were for exclu .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... sive use of industries as a 'raw material' and not intended to be displayed for sale at a retail outlet. Thus, the Respondent did not affix Market Retail Price ("MRP") thereon and claimed asse .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ssment under Section 4 of the Excise Act based on transaction value. The Department has alleged and passed the Order that valuation of these goods was to be under Section 4A of the Excise Act, despite .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... the fact that no MRP was written on the packages. Held: The Hon'ble Supreme Court affirmed the decision of the Tribunal, wherein it was held that while the Respondent had declared that goods were n .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ot meant for retail sale, revenue could not produce any evidence to contrary and hence, duty was rightly paid as per Section 4 of the Excise Act.
Scholarly articles for knowledge sharing by author .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... s, experts, professionals .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates