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1 - 4 of 4 (0.29 seconds)Section 77 in Finance Act, 1999 [Entire Act]
Baroda Electric Meters Ltd. vs Collector Of Central Excise on 15 July, 1997
5. We find that the issue is no longer res integra. The Hon'ble Supreme
Court in the case of Baroda Electric Meters Ltd. v. Collector [1997
(94) E.L.T. 13 (S.C.)] held as under;
Indian Oxygen Ltd vs Collector Of Central Excise on 28 July, 1988
The Tribunal accepted the position that equalised freight was
charged by the appellant from everyone, but proceeded to say that
even though freight cannot be a part of the assessable value that
wherever freight actually paid was less than the amount collected by
way of freight and transportation charges the difference was
appropriated by the appellant and, therefore, the same would be a
part of the assessable value. In our opinion, the Tribunal proceeded
on an incorrect premise. It was clearly held in Indian Oxygen Ltd. v.
Collector of Central Excise - 1988 (36) E.L.T. 723 (S.C.) = 1988
(Supp.) SCC 658, that the duty of excise is a tax on the manufacturer
and not a tax on the profits made by a dealer on transportation. In
view of that decision, the view taken by the Tribunal cannot be
sustained.
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