VidhiSangh

Supreme Court of India · 10/11/2025

LIPI BOILERS LTD. versus THE COMMISSIONER OF CENTRAL EXCISE, AURANGABAD

[2025] 11 S.C.R. 578 · 2025 INSC 1297

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

Summary

The value of duty-paid bought-out items delivered directly to the buyer's site cannot be added to the assessable value of a boiler cleared in completely knocked down condition, because the steam generating plant that emerges on erection at site is immovable property and not excisable goods; the transaction value under Section 4 is relevant only once excisability under Section 3 is established. The extended limitation under the proviso to Section 11A(1) was also wrongly invoked as no wilful suppression was shown. CESTAT's order was set aside.

Issues

  1. Whether the value of duty-paid bought-out items delivered directly at the buyer's site is includible in the assessable value of a boiler cleared from the factory in CKD condition.
  2. Whether the product emerging from assembly and erection of the boiler at site is 'excisable goods' under the Central Excise Act, 1944.
  3. Whether the show cause notice was validly issued within the extended limitation period under the proviso to Section 11A(1) of the 1944 Act.

Provisions considered

Held

Result

Appeals allowed; CESTAT's common order dated 23.09.2010 was set aside and the show cause notice held invalid.

Judgment PDF: Supreme Court of India, [2025] 11 S.C.R. 578.