COMMR OF CENTRAL EXCISE NEW DELHI Vs. VIKRAM DETERGENT LIMITED
LAWS(SC)-2001-1-43
SUPREME COURT OF INDIA
Decided on January 16,2001

COMMISSIONER OF CENTRAL EXCISE,NEW DELHI Appellant
VERSUS
VIKRAM DETERGENT LIMITED Respondents

JUDGEMENT

- (1.) In both these appeals, the appellant has challenged the decision of the Customs, Excise and Gold (Control) Appellate Tribunal holding that bank charges for collection of sale proceeds and discount for damages are allowable deductions in computing the value of the manufactured goods under Section 4 of the Central Excises and Salt Act, 1944. Civil Appeal No. 2579 of 2000
(2.) In this appeal, the respondent, M/s. Vikram Detergent Ltd. is engaged in the packing of detergent powder received by it from M/s. Hindustan Lever Ltd. (HLL). After the goods are packed, they are cleared from the factory by HLL and sold through it's clearing and forwarding agents from their depots all over the country to wholesale buyers who are known as Re-distribution Stockists. The Department calculated the excise duty payable on the detergent powder on the price charged by HLL from the Re-distribution Stockists. Civil Appeal No. 3160 of 2000
(3.) M/s. IPF Vikram India Ltd., the respondent in this appeal produces detergent under agreement with M/s. Indexport Ltd. (IEL) and Stepan Chemicals Ltd. (SCL) under the brand name 'Wheel'. The respondent despatches the goods manufactured by it to the destinations specified by IEL/SCL. According to this respondent, IEL and SCL send the goods to clearing and forwarding agents' depots from where the goods are sold and delivered to re-distribution stockists. The price lists filed by the respondent with the excise authorities are according to the advice of IEL/SCL and reflect the price charged by them for the goods in the wholesale market.;


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