1986 (11) TMI 46 - SC - Central Excise

Summary

Issues involved: Interpretation of the word "returnable" in Section 4(4)(d)(i) of the Central Excises and Salt Act, 1944.

Summary:
The Supreme Court addressed the issue of the meaning and scope of the term "returnable" in Section 4(4)(d)(i) of the Central Excises and Salt Act, 1944. The Court clarified that if the packing is durable and returnable, its cost should be excluded in the computation of the assessable value for excise duty. The key point of contention was whether "returnable" meant physically capable of being returned or required an arrangement for return. The Court emphasized that the packing must be returnable by the buyer to the assessee under a specific arrangement between them. The physical capability alone was not sufficient, as the crucial aspect was the existence of an agreement for return. In the case at hand, there was no evidence or contention that there was an arrangement for the wholesale buyers to return the packing to the petitioner. Consequently, the Excise Authorities were correct in not excluding the packing cost from the assessable value. Therefore, the Special Leave Petition was rejected.