Burn Standard Company Ltd.

vs Union Of India

1991 SCR (2) 960

Facts

Appellant Burn Standard Company Limited, synthetic wagons

for deliver

by and large

to the Railway Board.

The wagons are synthetic inaccordance with the specifications, phrases and
situations contained withinside the agreements entered among the appellant and
the Railway Board from time to time.

The Railway Board elements wheel- sets, axle packing containers and numerous
different completed additives of wagons to the appellant which might be termed
as "unfastened deliver objects".

These objects aren't synthetic through the appellant.

The readymade "unfastened deliver objects" are made to be had to the appellant
through the Railway Board with out charging any fee.

There objects are geared up withinside the wagons synthetic through the
appellant and are in the long run provided to the Railway Board.

The invoice-price of the wagon charged through the appellant from the Railway
Board does now no longer consist of the price of the "unfastened deliver
objects".

The crucial excise government issued numerous display motive notices in

recognize of various transactions calling upon the appellant to reveal motive as
to why the excise responsibility be now no longer computed and charged at the
price of the finished wagon such as that of the "Free deliver objects".

The appellant challenged the display motive notices through manner of writ
petition earlier than the Calcutta High Court.

The Court
 allowed the writ petition and quashed the call for raised through the crucial
excise government.

The Court

got here to the belief that the excise responsibility should most effective be
charged on the idea of the invoice-price beneathneath the settlement primarily
based totally

on the subsequent reasoning:

"There isn't anyt any dispute that positive objects of completed additives are
provided through the Railway Board to the petitioner. The price of those objects
isn't considered in solving the fee of the wagons offered through the petitioner
to the Railway Board. The fee of the finished wagons is calculated on the idea
of the producing price of the petitioner such as the fee of additives obtained
through the petitioner for which the petitioner has sincerely to pay the fee.

But the additives which might be provided freed from price through the
Railway Board do now no longer input into the pricing mechanism of the
petitioner at all. Therefore, the excise

price of the wagons synthetic through the petitioner can't be calculated after
including again the fee of the additives provided freed from price through the
Railway Board."

However on attraction through the Union of India,

a Division Bench of the High Court

set apart

judgment of the unmarried choose

and allowed the attraction withinside the following words:

"Admittedly, in this situation, the price of wagon as an entire has now no

longer been noted withinside the settlement .

But

ordinary fee need to consist of price of production and furthermore, whenthe

sale method
 real fee of the products viz. wagon as an entire, so the price of a wagon as an
entire, will shape a part of the applicable and vital assessable price beneathneath
segment four of the Excise

Act, as the producing price of a entire wagon can't be conceived of with out
deliberating or attention the price of unfastened deliver objects ......

Therefore the

valuation price of the unfastened deliver objects need to be protected withinside

the production price of wagons.

Section four(1)(a) of the Excise

Act applies in this situation and as such, the valuation of excisable items may
be charged or will take area whilst manufacture takes area.

While figuring out the valuation of wagons for charging the responsibility, the
Revenue Authorities had acted duly and with justification, in including the price
of unfastened deliver objects beneathneath the provisions of the

Act , the greater so whilst, beneathneath the settlement in this situation, the
stated petitioners have been and are required to fabricate and deliver finished
wagons, wherein the unfastened deliver objects have been and are required to be
constant on the time of manufacture.

There can't be any doubt that with out solving the unfastened deliver objects,
the manufacturing and manufacture of a wagon might now no longer be
correctly finished.

The manufacture of a entire wagon as a consequence takes area as quickly as or

as and whilst the

unfastened deliver objects are geared up and glued through the stated
petitioners and with such manufacture, the method of manufacture might be
entire beneathneath segment 2(f) of the Excise

Act and the legal responsibility to responsibility may also be attracted.

We keep that the price of the synthetic items have to be decided on the
manufacturing unit gate i.e. on the degree whilst the synthetic items right here
in this situation wagons, depart the manufacturing unit."
The Burn wellknown Company has are available attraction in opposition to the
judgment of the excessive court.

On the idea of above facts, the

query for

willpower is whether or not the excise responsibility beneathneath Section

three and four of the Central Excises and Salt Act,

is to be charged at the invoice-price of the wagon or at the price of finished

wagon such as that of the "unfastened deliver objects".

Relevant statutory Provisions:

Section three of the Central Excise Act states that:

Duties certain withinside the First Schedule to be levied-

(1) There will be levied and accumulated in such way as can be prescribed
obligations of excise on all excisable items aside from salt which might be
produced or synthetic in (India)

Section four states that:

Valuation of excisable items for functions of charging of responsibility of

excise.-

(1) Where beneathneath this Act, the responsibility of excise is chargeable on

any excisable items on the subject of price, such price shall, problem to the
opposite provisions of this segment, be deemed to be-

(a) the fee at which such items are frequently offered through the assessee to a
consumer withinside the direction of

exchange for transport on the time and area of removal, wherein the consumer
isn't a associated individual and the fee is the only attention for the sale:

Reasoning of the Court

Section three of the Act presents for levy of the responsibility of excise.

It is a levy on items produced or synthetic in India.

Section four