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COMMISSIONER OF CENTRAL EXCISE, LUCKNOW, U.P. vs. M/S. CHHATA SUGAR CO. LTD.

SCR Citation: [2004] 2 S.C.R. 790
Year/Volume: 2004/ Volume 2
Date of Judgment: 27 February 2004
Petitioner: COMMISSIONER OF CENTRAL EXCISE, LUCKNOW, U.P.
Disposal Nature: Appeals Dismissed
Neutral Citation: 2004 INSC 141
Judgment Delivered by: Hon'ble Mr. Justice S.H. Kapadia
Respondent: M/S. CHHATA SUGAR CO. LTD.
Case Type: CIVIL APPEAL/7488-7492/2001
Order/Judgment: Judgment
1. Headnote

Central Excise Act, 1944-Section 4, 4(1)(a), 4(4)(d)(ii)-U.P. Sheera Niyantran Adhiniyam, 1964-Section 8(4), (5) and section 10-Assessable value of molasses for purposes of levy of excise duty-Determination of~ Whether administrative charges collected by sugar factory from buyers on behalf of State Government for molasses sold, duty or impost in the nature of tax and as such includible or not includible in the value of molasses-Held: Administrative charges levied, is in addition to and separate from the statutory price of molasses fixed wider section 10 of UP. Act, which is the normal price under section 4(/)(a) of 1944 Act-It never formed part of normal price as such cannot come within the ambit of assessable value-Further applying various tests levy of administrative charge is in nature of tax and not fee-Hence, not includible in the assessable value in terms of section 4(1)(a). 

2. Case referred
3. Act
      No Data Found!!!!!
4. Keyword
  • Central Excise Act
  • 1944-Section 4
5. Equivalent citation
    Citation(s) 2004 AIR 3005 = 2004 (3) SCC 466 = 2004 (3) Suppl. SCC 466 = 2004 (3) JT 167 = 2004 (3) Suppl. JT 167 = 2004 (3) SCALE 6