1975 (7) TMI 146 - HC - Central Excise

Summary

Issues involved: Determination of excise duty u/s 3 of the Central Excises and Salt Act, 1944 based on the billing price of goods manufactured by a company. Interpretation of Section 4 of the Act regarding the value for the purpose of duty assessment.

Summary:
The petitioner, a company engaged in manufacturing automobile tubes and rubber products, paid excise duty based on the billing price of goods sold at sales depots throughout India. The petitioner contested that the price at which goods are sold to dealers cannot be the basis for excise duty determination as it includes various post-manufacturing expenses and trading profit. The court held that excise duty is leviable on the value of goods as manufactured, considering only manufacturing cost and manufacturer's profit, excluding post-manufacturing expenses and trading profit. The court referred to Section 4 of the Act, emphasizing the wholesale cash price at the time of removal of goods for duty assessment.

The court justified the petitioner's contention that the billing price should not be the basis for duty levy, as it includes various operational costs beyond manufacturing. The court highlighted that trading profit cannot be considered for excise duty determination, focusing on the value of goods as manufactured and deliverable at the factory gate. The court supported its decision by referencing a Supreme Court case and emphasized the concept of wholesale market potentiality for duty assessment under Section 4 of the Act.

In conclusion, the court ruled in favor of the petitioner, directing the authorities to levy excise duty considering only manufacturing cost and manufacturer's profit. The court also addressed a connected petition for a refund of wrongly collected excise duty, directing a fresh approach based on the interpretation provided in the judgment.