COMMNR. OF CENT.EXCISE,JAMSHEDPUR vs M/S.ASHOK ARC, DHANBAD — C.A. No. 2288 - 2289/1999
Case under Section XVII-A. Status: Disposed.
CNR: SCIN010043551999
Filing Date
12-Mar-1999
Registration No
C.A. No. 2288 - 2289/1999
Diary Number
4355/1999
Order Date
01-Dec-2004
Document Type
ROP - of Main Case
Disposal Type
Dismissed
Last updated 01-Jun-2026
Acts & Sections
Petitioner(s)
-
1.COMMNR. OF CENT.EXCISE,JAMSHEDPUR
Adv. B. KRISHNA PRASAD
Respondent(s)
-
1.M/S.ASHOK ARC, DHANBAD
Adv. V. BALACHANDRAN
Case History
Summary: The Supreme Court allowed the appeals filed by the Commissioner of Central Excise against M/S. Ashok Arc, a manufacturer of electric welding electrodes. The court set aside the CEGAT tribunal's decision that permitted the company to value goods based on sales depot invoices under Rule 173C(11). The Court held that where an ascertainable factory gate price exists, assessable value must be determined under Section 4 (normal price at factory gate) regardless of Rule 173C(11) permission, as the rule's proviso requires reassessment if declared prices don't match Section 4 value. No costs were awarded. This case analysis is maintained by casestatus.in based on publicly available court records.
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