VidhiSangh

Supreme Court of India · 11/05/2018

COMMISSIONER OF CENTRAL EXCISE, versus M/S GRASIM INDUSTRIES LTD.THROUGH ITS SECRETARY

[2018] 6 S.C.R. 1099 · 2018 INSC 500

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

Answering a larger-Bench reference on excise valuation, the Supreme Court held that the measure of a manufacture-based levy need not be confined to manufacturing cost and profit, provided it retains a reasonable nexus with the levy’s nature. It affirmed Bombay Tyre International and confined Acer India’s observations to its non-dutiable software context. The 2000 transaction-value definition incorporated permissible value additions already recognised under normal-price valuation; no discernible conceptual difference existed in that respect.

Issues

  1. Whether Section 4’s measure of excise duty is controlled by Section 3’s manufacture-based charge.
  2. Whether transaction value materially departed from the judicially developed normal-price concept and whether the cited precedents conflicted.

Provisions considered

Held

Result

Reference answered on all three questions. Bombay Tyre International affirmed; Sections 3 and 4 operate in their respective fields subject to reasonable nexus, with transaction value incorporating permissible normal-price additions.

Judgment PDF: Supreme Court of India, [2018] 6 S.C.R. 1099.