Valuation cum-duty price: treat sale price as inclusive of excise duty; stay adjudications pending review decision. Sale price for excise valuation is to be regarded as inclusive of excise duty, and the duty element must be excluded in determining excisable value per the cited Supreme Court rulings. Cases pending or remanded on this issue are to be kept pending until the Department's review petition is decided; adverse interim appellate decisions should be appealed. The Finance Act amendment deeming price cum duty to include duty is viewed by the Board as prospectively applicable only, so earlier cases are to be pursued under the law in force at the relevant time.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Valuation cum-duty price: treat sale price as inclusive of excise duty; stay adjudications pending review decision.
Sale price for excise valuation is to be regarded as inclusive of excise duty, and the duty element must be excluded in determining excisable value per the cited Supreme Court rulings. Cases pending or remanded on this issue are to be kept pending until the Department's review petition is decided; adverse interim appellate decisions should be appealed. The Finance Act amendment deeming price cum duty to include duty is viewed by the Board as prospectively applicable only, so earlier cases are to be pursued under the law in force at the relevant time.
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