VidhiSangh

Supreme Court of India · 01/03/2023

COMMISSIONER OF CENTRAL EXCISE, ALLAHABAD versus M/S J.R. ORGANICS LTD.

[2023] 2 S.C.R. 1 · 2023 INSC 183

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Summary

A manufacturer of organic chemicals consumed captively the specially denatured spirit produced at its own unit; the Commissioner valued the spirit for excise by adopting the highest price prevailing on a particular date at another distillery, confirmed the demand under three show cause notices and imposed penalty. After an earlier remand by the Supreme Court requiring the method of valuation to be examined, the Tribunal held that under Rule 6(b)(i) of the Central Excise Valuation Rules the normal price of comparable goods must be a conservative, representative price and not the highest price. The Supreme Court dismissed the Revenue's appeal, holding that the Tribunal's approach accords with the principle in A.K. Roy v. Voltas, drawn from Vacuum Oil Company, that the price representing the real value of goods for taxation must be conservative in every respect.

Issues

  1. Whether, in valuing goods cleared for captive consumption on the basis of comparable goods under Rule 6(b)(i) of the Central Excise Valuation Rules, the assessing officer may adopt the highest price prevailing at another unit on a particular date rather than a conservative representative price.

Provisions considered

Held

Result

Appeal dismissed with no order as to costs; CESTAT, Principal Bench order dated 27.07.2009 in Excise Appeal No. 467 of 2001 affirmed; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2023] 2 S.C.R. 1.