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SUPREME COURT OF INDIA

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CASE NO.:

Appeal (civil) 9140 of 1996

PETITIONER:

COLLECTOR OF CENTRAL EXCISE, NEW DELHI

RESPONDENT:

GURU NANAK REFRIGERATION CORPN.

DATE OF JUDGMENT: 27/03/2003

BENCH:

SYED SHAH MOHAMMED QUADRI & ASHOK BHAN

JUDGMENT:

JUDGMENT

2003 (3) SCR 57

The following Order of the Court was delivered :

SYED SHAH MOHAMMED QUADRI, J. Heard the learned counsel for the parties.

In this appeal against the final order No. 601 of 1995-A of Customs Excise

& Gold (Control) Appellate Tribunal, New Delhi (for short ’the Tribunal’)

in appeal No.E/1745/83-A dated 03.11.1995, the only point that arises for

our consideration is : whether the Tribunal is right in reversing the order

of the Assistant Collector as confirmed by the Collector.

To appreciate the controversy in this appeal it is necessary to refer to

Section 4 of the Central Excise Act, 1944 (for short, ’the Act’) as it

stood during 1975-76, which, insofar as it is relevant for our purpose,

read as follows :-

"4. Valuation of excisable goods for purposes of charging of duty of

excise-

(1) Where under this Act, the duty of excise is chargeable on any

excisable goods with reference to valu