Supreme Court of India · 1989-08-10
COLLECTOR OF CENTRAL EXCISE, BARODA vs AMBALAL SARABHAI ENTERPRISES
- Citation / case number
- SC 1988/70905
- Court
- Supreme Court of India
- Petitioner
- COLLECTOR OF CENTRAL EXCISE, BARODA
- Respondent
- AMBALAL SARABHAI ENTERPRISES
- Author
- SABYASACHI MUKHARJI
- Bench
- SABYASACHI MUKHARJI
Judgment text excerpt
The Supreme Court held that starch hydrolysate, produced by the respondent, qualifies as 'goods' under the Central Excises and Salt Act, 1944, specifically under Sections 3 and 4, as it is a distinct article capable of being marketed, despite its captive consumption in sorbitol production. The Court emphasized that the definition of 'manufacture' requires a transformation resulting in a new identifiable article. The Tribunal's finding that starch hydrolysate was not marketable was overturned, and the appeal was dismissed, upholding the duty imposed by the adjudicator.