VidhiSangh

Supreme Court of India · 10/12/2018

COMMISSIONER OF CENTRAL EXCISE AND SERVICE TAX, NOIDA versus M/S. SANJIVANI NON-FERROUS TRADING PVT. LTD.

[2018] 14 S.C.R. 1192 · 2018 INSC 1178

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Summary

The Supreme Court sustained the Tribunal’s restoration of declared transaction values for imported aluminium scrap. The assessing authority had not supplied the required cogent, evidential basis for rejecting the prices actually paid. The Revenue’s request for a remand misconstrued the Tribunal’s reasoning: the enhancement itself lacked the necessary foundation. The Revenue appeals were dismissed.

Issues

  1. Whether the Tribunal should have remanded valuation proceedings rather than restoring declared values where the assessing authority had not justified rejecting them.

Provisions considered

Held

Result

Revenue appeals dismissed; Tribunal’s rejection of the enhanced assessable values and restoration of declared values left undisturbed, with consequential relief according to law.

Judgment PDF: Supreme Court of India, [2018] 14 S.C.R. 1192.