AI Insights
The case involves M/S Venus Stampings Pvt Ltd, the appellant, contesting an excise duty assessment by the Commissioner of Central Excise Delhi IV, the respondent. The core legal issue was the interpretation of 'retail sale price' as defined under Section 4A of the Central Excise Act, which the appellant argued should be based solely on the market selling price printed on the product's packaging. The Tribunal and subsequently the Supreme Court rejected this interpretation, affirming that the 'retail sale price' must be understood in the broader context provided by the Act, particularly in explanation (1) of Section 4A. The Supreme Court also addressed a plea from the appellant to waive the penalty imposed, suggesting that the appellant could make a representation to the appropriate authority for consideration.
Appeal Details
Counselvise Citation
[2022] 140 COUNSELVISE.COM (IDT) 608319 (SC)
Assessee PAN
Bench
Appeal Number
Appellant
Respondent
Appeal Type
Supreme court cases
Pronouncement Date
04-01-2022
Judgement Text
"1\nIN THE SUPREME COURT OF INDIA\nCIVIL APPELLATE JURISDICTION \nCIVIL APPEAL NOS.63-66 OF 2022\n[Diary No.4003 of 2019]\nM/S VENUS STAMPINGS PVT LTD \nAppellant(s)\n VERSUS\nCOMMISSIONER OF CENTRAL EXCISE DELHI IV \nRespondent(s)\n \nO R D E R\nHeard counsel for the parties.\nThe question involved in these appeals, as answered\nby the Customs, Excise and Service Tax Appellate\nTribunal, Chandigarh, is essentially founded on the facts\nof the present case. \nThe argument of the appellant is that the mandate of\nSection 4A(2) obligates the taxing authority to assess\nthe excise duty only in reference to the market selling\nprice printed on the packing of the product.\nIn our opinion, this submission clearly overlooks the\npurport of expression “retail sale price” occurring in\nSection 4A. The non obstante clause in Section 4A(2)\nwill have to be construed in the context of the meaning\nof the expression \"retail sale price\" as elaborated in\nexplanation (1). \n Taking that into account, the\nDigitally signed by\nNEETU KHAJURIA\nDate: 2022.01.06\n17:13:33 IST\nReason:\nSignature Not Verified\n\n2\nconclusion reached by the Tribunal needs no interference.\nHence, the civil appeals are dismissed.\nAfter this order was dictated, Mr. Alok Yadav,\nlearned counsel appearing for the appellant vehemently\npleaded that at least the penalty imposed may be waived\nas the appellant had proceeded on the basis of its\nunderstanding of Section 4A. We do not wish to dilate on\nthis submission. \nIf the appellant so desires, he may make a\nrepresentation to the authority for waiving the penalty,\nwhich application can be considered by the appropriate\nauthority on its own merits.\nPending applications, if any, stand disposed of.\n....................,J.\n (A.M. KHANWILKAR)\n....................,J.\n (C.T. RAVIKUMAR)\nNEW DELHI\nJANUARY 04, 2022.\n\n3\nITEM NO.3 Court 3 (Video Conferencing) SECTION XVII-A\n S U P R E M E C O U R T O F I N D I A\n RECORD OF PROCEEDINGS\nCIVIL APPEAL Diary No(s). 4003/2019\n(Arising out of impugned final judgment and order dated 22-03-2018\nin AN No. 2029/2010 22-03-2018 in AN No. 3520/2010 26-10-2018 in \nAPP No. 60490/2018 26-10-2018 in APP No. 60491/2018 passed by the \nCustoms, Excise And Service Tax Appellate Tribunal)\nM/S VENUS STAMPINGS PVT LTD Petitioner(s)\n VERSUS\nCOMMISSIONER OF CENTRAL EXCISE DELHI IV Respondent(s)\n IA No. 6698/2020 - CONDONATION OF DELAY IN FILING\n IA No. 6699/2020 - CONDONATION OF DELAY IN REFILING / CURING THE \nDEFECTS)\n \nDate : 04-01-2022 These matters were called on for hearing today.\nCORAM : \n HON'BLE MR. JUSTICE A.M. KHANWILKAR\n HON'BLE MR. JUSTICE C.T. RAVIKUMAR\nFor Petitioner(s)\n Mr. Ayush Sharma, AOR\n \nFor Respondent(s)\nMr. Balbir Singh, ASG\n \nMr. Mukesh Kumar Maroria, AOR\nMs. Aruna Gupta, Adv.\nMr. Manish, Adv.\nMr. Shyam Gopal, Adv.\nMr. Mohd. Akhil, Adv.\n \n UPON hearing the counsel the Court made the following\n O R D E R\nDelay condoned.\nThe appeals are dismissed in terms of the signed order.\nPending application(s), if any, stands disposed of.\n(DEEPAK SINGH) (VIDYA NEGI)\nCOURT MASTER (SH) COURT MASTER (NSH)\n(signed order is placed on the file)\n"
