Sidhosons & ANR Vs. Union of India
& Ors [1986] INSC 220 (28 October 1986)
THAKKAR, M.P. (J) THAKKAR, M.P. (J) RAY, B.C.
(J)
CITATION: 1987 AIR 61 1987 SCR (1) 82 1987
SCC (1) 25 JT 1986 791 1986 SCALE (2)737
CITATOR INFO: RF 1990 SC 202 (9)
ACT:
Central Excise and Salt Act, 1944, s.
2(f)--Market value--What is--For payment of excise duty--Brand name--Value
of--When includible.
HEADNOTE:
The petitioner-company in W.P. No. 1685 of
1979 is manufacturing electrical goods for M/s. Bajaj Electricals Limited, the
buyers. As per agreement the goods are not at all sold .in the open market by
the petitioner-company.
After the manufactured goods are accepted by
the buyers, the petitioner-company applies the label of the brand name of the
buyers, namely, 'Bajaj' on the manufactured goods. The right to sell these
goods with the aforesaid brand name is solely and exclusively that of the
buyers having regard to the fact that they alone are owners of the brand name.
Counsel for the petitioner in this writ
petition contended that the market value of the goods manufactured by the
petitioner should be assessed at the price at which the goods are agreed to be
sold under the agreement between the manufacturer and the buyers. On the other
hand, it was argued by counsel in behalf of the respondent-Union of India that
the excise duty must be levied an the basis of market value fetched by the sale
of these goods by the buyers to their wholesalers. Similar question of law
arose in the other writ petitions.
Allowing the writ petitions, this Cart,
HELD: 1.1. Excise duty is payable on the
market value' fetched by the goods, in the wholesale market at the factory gate
manufactured by the manufacturers. It cannot he assessed on the hams of the
market value obtained by the buyers who also add to the value of the
manufactured goods the value of their own property in the goodwill of the
'Brand name'. [84F] 1.2. Where a manufacturer who manufacture and sells his
goods under his own brand name or under a bland name which he has acquired in
use, the sale price fetched by sales effected by him under 83 such bland name
in wholesale, will be the basis for computation of excise duty payable by him.
So also nothing said herein will come to the rescue of a brand name owner who
himself is the manufacturer of goods or to sales effected favour of 'related'
persons as defined by the Central Excises and Salt Act, 1944. [85A-B] Union of
India v. Cibatul Ltd., [1985] 22 E.L.T 302, Joint Secretary to the Government
of India v. Food Specialities Ltd., [1985] 22 E.L.T 324 'and M/s. R.O.
Industries v. Union of India & Ors., Civil Appeal No. 1496 of 1977 decided
on 3.4.86, relied upon.
In the instant case, the price fetched by the
goods manufactured by the petitioner-company is the price Of*the electrical
goods sans the brand name. And that should be the market value for the purposes
of assessing the excise duty payable by the petitioner-company which
manufactures the excisable goods. The enhancement in the value the goods by
reason of the application of the brand name is because of the augmentation
attributable to the value of the goodwill of the brand name which does not
belong to the manufacturer and which added market value does not accrue to the
petitioner-company or go into its coffers. It accrues to the buyers to whom the
brand name belongs and to whom the fruits of the goodwill belong. [89D-E]
ORIGINAL JURISDICTION: Writ Petition No.
1685-1691 of 1979 Under Article 32 of the Constitution of India.
Soli J. Sorabjee and K.C. Dua for the Petitioners.
V. Parthasarthy, Girish Chandra and C.V.
Subba Rao for the Respondents.
The Order of the Court was delivered by
THAKKAR,,J. The question raised in this Writ Petition under Article 32 of the
Constitution of India as regards the determination of the market value of the
goods manufactured by the petitioner company for the purposes of computation of
the excise duty leviable on the same. The petitioners (manufacturers) are
manufacturing electrical goods under a contract with another company known as
the Bajaj Electricals Ltd. (here-after referred to as buyers). The agreement
between the parties provides for the buyers having the right to reject the 84
goods if the goods are not in accordance with the buyers' specifications or do
not come up to the stipulated standard of quality. After the manufactured goods
are tested, approved and accepted, by the buyers the manufacturers apply the
label of the brand name of the buyers (in this case 'Bajaj') on the
manufactured goods. The petitioners contend that the market value of the goods
manufactured by the petitioners should be assessed at the price at which the
goods are agreed to be sold under the agreement between the manufacturers and
the buyers. On the other hand the respondent contents that the excise duty must
be levied on the basis of the market value fetched by the sale of these goods
by the buyers to their wholesalers. The goods manufactured by the Petitioner
Company, which are accepted by the buyers and to which the brand name label
'Bajaj' is applied are sold by the manufacturers to the buyers at the
stipulated price and to none-else. They are not at all sold in the open market
by the manufacturers. The right to sell these goods with the brand name is
solely and exclusively that of the buyers having regard to the fact that they
alone are the owners of the brand name 'Bajaj'. The price fetched by the goods
manufactured by the petitioner company is the price of the electrical goods
'sans' the brand name. And that should be the market value for the purposes of
assessing the excise duty payable by the petitioner company which manufactures
the excisable goods. The enhancement in the value of the goods by reasons of
the application of the brand name is because of the augmentation attributable
to the value of the goodwill of the brand name which does not belong to the
manufacturers and which added market value does not accrue to the petitioner
company or go into its coffers. It accrues to the buyers to whom the brand name
belongs and to whom to fruits of the goodwill belong. Excise duty is payable on
the market value fetched by the goods, in the wholesale market at the factory
gate manufactured by the manufacturers. It cannot be assessed on the basis of
the market value obtained by the buyers who also add to the value of the
manufactured goods the value of their own property in the goodwill of the
'brand name'--The Petitioners are therefore right and the respondents wrong.
This point is covered by earlier decisions of this Court, namely, (1) Union of
India v. Cibatul Ltd., [1985] 22 E.L.T. 302, (2) Joint Secretary to the
Government of India v. Food specialities Ltd., [1985] 22 E.L.T. 324 and (3)
Civil Appeal No. 1496 of 1977 disposed of by a Bench of three Judges of this
Court by its judgment dated 3rd April, 1986. The petition must therefore be allowed.
The respondents shall levy excise duty on the basis of the price charged by the
manufacturers to the buyers namely M/s. Bajaj Electricals Ltd. A word of
caution is however called for. Our decision must be understood correctly--not
misunderstood conveniently. We, there85 fore, clarify that our pronouncement
will not enable a manufacturer who manufactures and sells his goods under his
own brand name or under a brand name which he has acquired a right to use. In
such a case the sale price fetched by sales effected by him under such brand
name in wholesale will be the basis for computation of excise duty payable. by
him--So also nothing said herein will come to the rescue of a brand name owner
who himself is the manufacturer of goods or to sales effected in favour of
'related' persons as defined by the Act. The Central Excises & Salt Act,
1944. The Bank guarantee, if any, furnished by the petitioners in the context
of the present Writ Petition will stand discharged.
No Other point has been argued. The petition
is allowed and the Rule is made absolute to the aforesaid extent. The Writ
Petition is disposed of accordingly. There will be no order as to costs.
Writ Petitions Nos. 1686-1691 of 1979 raise
the same point in the context of other brand names. These petitions will also
stand disposed of in terms of this order with the same direction regarding
computation of levy and discharge of guarantee bonds and with no order as to
costs.
M.L.A. Petition allowed.
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