M/S. NEW SWADESHI SUGAR MILLS vs COMMNR. OF CENTRAL EXCISE, PATNA — C.A. No. 1041/2002

Case Summary: M/S. New Swadeshi Sugar Mills v. Commissioner of Central Excise, Patna Outcome: The Supreme Court allowed the appeal on March 29, 2007, setting aside the Tribunal's judgment. The Court held that the Bihar Molasses (Control) Act, 1947 established only a price range (Re.1/- to Rs.15/- per quintal), not a fixed control price, making proviso (ii) to Section 4(1)(a) of the Central Excise Act inapplicable. Consequently, the assessable value should be based on the actual price charged (Re.1/- per quintal) rather than the statutory ceiling of Rs.15/-. Direction: The Court ordered refund of the amount to the assessee subject to compliance with Section 11-B of the Central Excise Act. No costs were awarded. This case analysis is maintained by casestatus.in based on publicly available court records.