2007 AIR SCW 5629 ::AIR 2007 SC (Supp) 789

Supreme Court Of India

Hon'ble Judge(s): Ashok Bhan, V. S. Sirpurkar , JJ

(A) Central Excise Act (1 of 1944) , S.4A— Assessment of duty under - Valuation of excisable goods - Reference to retail price - Only when retail price is statutorily required to be printed on packed goods. Standards of Weights and Measures Act (60 of 1976) , S.83— Following would be factors to include the goods in S. 4-A(1) and (2) of the Act : (i) The goods should be excisable goods; (ii) They should be such as are sold in the package; (iii) There should be requirement in the Standards of Weights and Measures Act, 1976 or the Rules made thereunder or any other law to declare the price of such goods relating to their retail price on the package; (iv) The Central Government must have specified such goods by notification in the Official Gazette; (v) The valuation of such goods would be as per the declared retail sale price on the packages less the amount of abatement. If all these factors are applicable to any goods, then alone the valuation of the goods and the assessment of duty would be under S. 4-A.(Para 2) Reading Standard of Weights and Measures (Packaged Commodities) Rules, 1977 (SWM (PC) Rules) along with provisions of S. 4-A of the Act, it would be clear that where there is a general exemption like S. 34 under the SW....