Supreme Court of India
M/s. Peacock Industries Ltd. v. Union of India and Ors.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
In view of the above and for the reasons stated above, the present Appeal fails and the same deserves to be dismissed and is accordingly dismissed.
Judgment, page 7
From the headnote
Central Excise Act, 1944 – s.173L – Central Excise Rules – Claim for refund of excise duty – Assessee if entitled to the refund to the extent of the value of the returned goods – Held: No cogent evidence was led by the assessee on the value of the returned goods – Value of the returned goods depend on the defects found in the manufactured goods which are returned – It varies considering the defects – Therefore, the assessee has to lead the evidence with respect to each consignment of the returned goods, which the assessee failed to prove in the present case – Further, as the value of the…
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