Commissioner Of Central Excise, Delhi vs Maruti Udyog Ltd on 27 February, 2002
The Supreme Court has, again, in the case of CCE v. Maruti Udyog Ltd. (supra), has held that "the sale price realised by the Respondents has to be regarded as the entire price inclusive of excise duty because it is the Respondents, who have, by necessary implication, taken on the liability to pay all taxes on the goods sold and have not sought to realise any sum in addition to the price obtained by it from the purchaser. The purchaser was under no obligation to pay any amount in excess of what has already been paid as the price of the scrap. In these circumstances, the Tribunal was right in directing that the Respondents are entitled to the benefit of Section 4(4)(d) of the Central Excise Act. The mere fact that the Revenue has filed the review appeals, which haye been admitted for hearing by the Supreme Court, will not make a judgment of the Supreme Court as inoperative in absence of any stay granted by the Hon"ble Supreme Court. Accordingly, we find no merit in the appeal, which is rejected.