VidhiSangh

Supreme Court of India · 05/09/2022

M/S. PEACOCK INDUSTRIES LTD. versus UNION OF INDIA AND ORS.

[2022] 11 S.C.R. 220 · 2022 INSC 909

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Summary

A manufacturer of plastic moulded furniture claimed refund of excise duty on rejected goods returned by distributors under provision 173-L, which the judgment calls Section 173-L. It contended that the goods should be valued as second-hand goods or, alternatively, at raw-material value. On a market survey report, the Deputy Commissioner valued them as scrap at Rs. 8 to 10 per kg, below the duty originally paid, and denied refund under clause (v). The Tribunal and the High Court agreed. The Supreme Court dismissed the appeal. 'Value' under clause (v) means the market value of the returned goods, not raw-material value. The assessee led no consignment-wise evidence and never sought the survey report or cross-examination, so its complaint about non-supply, raised first before the High Court, could not be entertained.

Issues

  1. How returned goods are to be valued for refund of duty under provision 173-L, and whether raw-material value can be adopted
  2. Whether the assessee could complain for the first time before the High Court that the market survey report relied on was not supplied

Provisions considered

Held

Result

Appeal dismissed. The denial of the excise duty refund on returned goods was upheld; no order as to costs.

Judgment PDF: Supreme Court of India, [2022] 11 S.C.R. 220.