1986 (10) TMI 38 - SC - Central Excise

Summary

Issues involved: Determination of market value of goods for excise duty computation.

Judgment Summary:

1. The Writ Petition under Article 32 of the Constitution of India concerns the market value of goods manufactured by the petitioner company for excise duty calculation. The petitioners manufacture electrical goods under an agreement with Bajaj Electricals Ltd. The dispute is whether excise duty should be based on the agreed sale price between manufacturers and buyers or the market value when sold by buyers to wholesalers.

2. The petitioners argue that the market value should be assessed at the price agreed upon with the buyers, as the goods are sold exclusively to the buyers at a stipulated price and not in the open market. The application of the brand name 'Bajaj' by the buyers enhances the value, which belongs to the buyers due to their ownership of the brand name.

3. The Supreme Court holds that excise duty should be levied based on the price charged by the manufacturers to the buyers, in this case, Bajaj Electricals Ltd. The Court clarifies that this decision does not apply to manufacturers selling goods under their own brand name or to brand name owners who are also manufacturers.

4. The judgment also discharges any bank guarantee furnished by the petitioners in relation to the Writ Petition. Writ Petitions raising similar issues with other brand names are also disposed of accordingly. No costs are awarded in this matter.