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december 2002

Supreme Court of India · 2002-12-10

I.T.C. LTD vs COLLECTOR OF CENTRAL EXCISE, PATNA

Citation / case number
SC 1995/10219
Court
Supreme Court of India
Petitioner
I.T.C. LTD
Respondent
COLLECTOR OF CENTRAL EXCISE, PATNA
Author
B.N.AGRAWAL
Bench
B.N. AGRAWAL. S.N. VARIAVA

Judgment text excerpt

The Supreme Court upheld the Tribunal's decision that excise duty is leviable on samples of cigarettes sent for testing under Section 3 of the Central Excise Act, 1944. The Court clarified that the manufacturing process is complete when cigarettes emerge as sticks, and the subsequent packing is not incidental to manufacture but to sale. The appeals were dismissed, affirming the duty and penalties imposed by the assessing authorities.

I.T.C. LTD vs COLLECTOR OF CENTRAL EXCISE, PATNA · Niyam