COMMNR. OF CENTRAL EXCISE, MUMBAI vs M/S. PEPSICO INDIA HOLDINGS (P) LTD. — C.A. No. 3979/2004

Summary The Supreme Court dismissed Civil Appeals Nos. 3979/2004, 1385/2006, and 1605/2007 filed by the Commissioner of Central Excise against PepsiCo India Holdings with no order as to costs. The Court upheld the Tribunal's findings that: (1) PepsiCo was entitled to claim a trade discount deduction as there was no flow back/return of the discount, and (2) machine usage charges were not includable in assessable value since the vending machines, though installed by the holding company, were owned by the marketing company which received the charges. Other related appeals were adjourned to January 20-21, 2009. This case analysis is maintained by casestatus.in based on publicly available court records.