SUPREME COURT OF INDIA
Commissioner of Central Excise, Noida
Control & Switchgears Contactors Ltd.
CIVIL APPEAL NOS. 4449-4450 OF 2005 AND 984 OF 2007
SEPTEMBER 1, 2015
Valuation under Central Excise – Retail Sale Price/MRP Based
Facts of the case ;-
Assessee was manufacturing Contactors, Overload relays, Electrical Timers and Accessories. Assessee was declaring on goods that they were for exclusive use of industries as a ‘raw material’ and not intended to be displayed for sale at a retail outlet .Assessee did not affix MRP thereon and claimed assessment under section 4 based on transaction value
Held by Tribunal
Tribunal held that while assessee had declared that goods were not meant for retail sale, revenue could not produce any evidence to contrary; hence, duty was rightly paid as per section 4 .
HELD by Supreme Court
Issue involved is purely a question of fact .Hence, Tribunal’s findings were confirmed