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august 1989

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.

COLLECTOR OF CENTRAL EXCISE, BARODA vs AMBALAL SARABHAI ENTERPRISES · Niyam