The petitioners companytend 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.
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 numbere else.
The price fetched by the goods manufactured by the petitioner companypany is the price of the electrical goods sans the brand name.
1685 1691 of 1979 Under Article 32 of the Constitution of India.
ORIGINAL JURISDICTION Writ Petition No.
After the manufactured goods are tested, ap proved 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 manufacturers are manufacturing electrical goods under a companytract with another companypany 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 goods if the goods are number in accordance with the buyers specifications or do number companye up to the stipulated standard of quality.
Soli J. Sorabjee and K.C. Dua for the Petitioners.
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 companypany for the purposes of companyputation of the excise duty leviable on the same.
They are number at all sold in the open market by the manufacturers.
