RANJIT (MANAGER - ACCOUNTS) (84 Points)
23 December 2008Please can someone give me the detailed case law of Venkateshwara Essence & Chemicals (P) Ltd. v.Commissioner - 2006 (196) E.L.T.37 (Tri. - Bang.). You can email it to ranjitnmenon @ gmail.com to send it to me. Thanking you in advance. Ranjit Menon
Rajesh Kumar
(Advocate- Tax)
(7806 Points)
Replied 05 January 2009
In this particular case, the Tribunal held that SSI exemption limit has to be calculated separately for each manufacturer. It cannot be clubbed with the turnover of another independent manufacturer, who was using the premises in which the present unit is running.
Another issue decided is that the marketing charges of the downstream product cannot be included in the value of base product- the product is to valued in the form it leaves the factory.
Landmark Judgments: Important Provisions of the EPF & ESI Act interpreted by the Honorable Supreme Court of India
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