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march 1988

Supreme Court of India · 1988-03-28

COLLECTOR OF CENTRAL EXCISE, MADRAS. vs KUTTY FLUSH DOORS & FURNITURE CO. (P) LTD.

Citation / case number
SC 1988/70721
Court
Supreme Court of India
Petitioner
COLLECTOR OF CENTRAL EXCISE, MADRAS.
Respondent
KUTTY FLUSH DOORS & FURNITURE CO. (P) LTD.
Author
SABYASACHI MUKHARJI
Bench
SABYASACHI MUKHARJI

Judgment text excerpt

The Supreme Court held that under Section 35L of the Central Excises and Salt Act, 1944, excise duty is chargeable only when a new and different article emerges with a distinct name, character, and use. The Court affirmed the Customs, Excise and Gold (Control) Appellate Tribunal's finding that sawing timber logs into sizes does not result in a new product, thus no excise duty is applicable. The judgment clarified the definition of 'manufacture' and emphasized that transformation must occur for excise duty to be levied.

COLLECTOR OF CENTRAL EXCISE, MADRAS. vs KUTTY FLUSH DOORS & FURNITURE CO. (P) LTD. · Niyam