This Digest of case laws is prepared by KSA Legal and AIFTP from judgements reported in BCAJ, CTR, DTR, ITD, ITR, ITR (Trib), Chamber's Journal, SOT, Taxman, TTJ, BCAJ, ACAJ, www.itatonline.org and other journals
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Central Sales Tax Act, 1956
S. 3: When is sale or purchase of goods said Movement of goods in the course of import or inter-state or commerce – Deemed sale – when can be held to be covered by Section 3(a) and Section 5(2) of the CST Act, 1956 [S. 3(a), 5(2), Constitution of India, Art. 286(2), Delhi Value Added Tax Act, 2004, S. 7, 74]

Commissioner, DVAT v. ABB Ltd (2016) 6 SCC 791/AIR 2016 SC 1901/(2016) 55 GST 293 (SC)

Central Excise Act, 1944
S. 11B: Claim for refund of duty – Excise – Refund – Excise duty paid under mistake of law – Maintainability of suit or writ petition – Unjust enrichment – Salutary principle – to be held applicable [Constitution of India, Art. 265, Indian Contract Act, S. 72]

Mafatlal Industries Ltd. v. UOI (1997) 5 SCC 536/1997 (89) ELT 247 (SC)/(1998) 111 STC 467

Central Excise Act, 1944
S. 11AB: Interest on delayed payment of duty – Interest on short levy or short payment – Escalation in price with retrospective date – Attracts interest on differential liability as per section 11AB of the Act

Steel Authority of India Ltd. v. CCE, Raipur (2019) 6 SCC 693

Central Excise Act, 1944
S. 4: Valuation of excisable goods for purpose of charging of duty of excise – Valuation – Related person- Where the two companies/firms etc., belong to the same group then the test of mutuality is established and satisfied [S. 4(4)(c)]

CCE v. ‘J’ Foundation and other (2015) 17 SCC 576/2015-TIOL-215-SC-CX/2015 (324) ELT 422 (SC)

Central Excise Act, 1944
S. 4: Valuation of excisable goods for purpose of charging of duty of excise – Valuation – Dharmada collected along with the price of goods – Not a part of transaction value

D J Malpani v. CCCE Nashik (2019) 9 SCC 120/(2019) 74 GST 407/308 CTR 73 (SC)

Central Excise Act, 1944
S. 4: Valuation of excisable goods for purpose of charging of duty of excise -Assessable value – Appellants selling cars on price lower than the cost of production main reason for assessees to sell their cars at a lower price than manufacturing cost was to penetrate market and this constituted extra commercial consideration – Since price charged was not sole consideration, hence, value was to be determined as per valuation rules

CCE v. Fiat India (P) Ltd. (2012) 37 STT 147/25 taxmann.com 534 (SC)/ 2012 (283) ELT 161 (SC)/(2012) 9 SCC 332

Central Excise Act, 1944
S. 4: Valuation of excisable goods for purpose of charging of duty of excise – Assessable value – Captive consumption – Profit margin – cost of production and notional profit to be added, are to be determined before deciding whether there is any shortfall of duty – Case remanded for fresh decision considering costing principles laid down in Cadbury’s case [Central Excise (Valuation) Rules, 1975, Rule 6(b)(ii)]

CCE Aurangabad v. Raymond Ltd. 2006 204 ELT 3/2006 taxmann.com 1251 (SC)

Central Excise Act, 1944
S. 4: Valuation of excisable goods for purpose of charging of duty of excise – Assessable value – Captive consumption – Profit margin – cost of production and notional profit to be added, are to be determined before deciding whether there is any shortfall of duty – Case remanded for fresh decision considering costing principles laid down in Cadbury’s case [Central Excise (Valuation) Rules, 1975, Rule 6(b)(ii)]

CCE Aurangabad v. Raymond Ltd. 2006 204 ELT 3/2006 taxmann.com 1251 (SC)

Central Excise Act, 1944
S. 3 : Levy of Duty – Various charges recovered from customer
– Part of transaction value [S. 4, 4(3)(d)]

CCE Indore v. Grasim Industries Ltd. (2018) 7 SCC 233/AIR 2018 SC 3158/(2018) 68 GST 569 (SC)/2018 (360) ELT 769 (SC)

Central Excise Act, 1944
S. 2(f)(i): Manufacture includes any process- Incidental or ancillary to the completion of a manufactured product – “Manufacture” – Process of cold rolling of hot rolled strips – Extended period of limitation [Central Excise Tariff Act, 1985,
S. 11A]

Gujarat Industries Ltd. v. CCE (2016) 14 SCC 690/(2016) 53 GST 303 (SC)/2015 (326) ELT 625 (SC)