Summary
The Supreme Court dismissed the Revenue’s attempt to include charitable Dharmada receipts in the excise assessable value of steel products. Following its companion decision in D.J. Malpani, the Court upheld the Tribunal’s exclusion of the amount collected alongside the goods’ price and credited to charity. Reliance on Panchmukhi did not justify a contrary result.
Issues
- Whether Dharmada collected with the price and credited to charity formed part of excise transaction value.
Held
- The issue was governed by the companion D.J. Malpani ruling, which held that the charitable Dharmada amount could not be included in transaction value for assessment. (¶ 5–6)
- The Revenue’s reliance on Panchmukhi did not displace that ruling, and the Tribunal’s decision excluding Dharmada consequently remained effective. (¶ 4–6)
Result
Revenue appeal dismissed in terms of D.J. Malpani; Tribunal’s exclusion of Dharmada from assessable value left undisturbed.