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Case Law Details

Case Name : Commissioner of Central Excise Vs Hindustan National Glass and Industries Limited (Supreme Court of India)
Appeal Number : Civil Appeal No.1829 of 2008
Date of Judgement/Order : 14/01/2016
Related Assessment Year :
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Urvashi Porwal

Urvashi PorwalBrief of the Case

In the case of CCE V/s. Hindustan National Glass and Industries Limited, it was held by Hon;ble Supreme Court that the onus is on the revenue to establish that there has been depression of assessable value and that being the thrust of the matter, liberty is granted to the revenue to produce the documents in this regard to discharge the onus.

Brief facts of the Case

A show cause notice under F. No. Prev/CEX/AEI/OBL/ 141/99/797 dated 16th August, 2002, was issued to M/s. Owens Brockway (I) Pvt. Ltd., the predecessor-company of the respondent which is presently known as Hindustan  National Glass and Industries Limited, by the Commissioner of Central Excise, Pune-I, alleging that the manufacturing company was not adding the additional consideration received from the customers in the form of advance and, therefore, the notional interest accrued thereon is to be added to the sale price, for such non-addition had resulted in depression of the assessable value of the goods, namely, the bottles manufactured by the respondent-assessee.

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