Case Law Details
Commissioner of Central Excise Vs Miraj Products Pvt Ltd (Supreme Court of India)
In a significant legal dispute, the Supreme Court of India addressed whether chewing tobacco packed in High-Density Polyethylene (HDPE) bags qualifies as a wholesale package or a retail product under the Central Excise Act, 1944. The case, Commissioner of Central Excise Vs Miraj Products Pvt Ltd, hinges on the interpretation of Section 4 and Section 4A of the Excise Act and relevant standards governing packaged commodities.
Detailed Analysis:
The controversy arose from show cause notices issued to Miraj Products Pvt Ltd regarding their packaging of chewing tobacco. The Customs, Excise and Service Tax Appellate Tribunal initially ruled against Miraj Products, citing previous case law and alleging that their packaging constituted group packages intended for retail sale. However, the Supreme Court delved deeper into the definitions provided under the Standards of Weight & Measures (Packaged Commodity) Rules, 1977.
Miraj Products argued that their packaging, which included 33 pouches of 6 gms and one pouch of 15 gms in larger HDPE bags, was intended for wholesale distribution to distributors and dealers, not direct retail sale. They contended that their packaging met the criteria for wholesale packages under Rule 2(x) of the said Rules, emphasizing that the HDPE bags did not bear the mandatory retail sale price declaration required under Section 4A of the Excise Act.
Please become a Premium member. If you are already a Premium member, login here to access the full content.
Author Bio
