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february 2004

Supreme Court of India · 2004-02-10

M/S.TEGA INDIA LTD. vs COMMNR.,CENT.EXCISE,CALCUTTA-II

Citation / case number
SC 1998/5120
Court
Supreme Court of India
Petitioner
M/S.TEGA INDIA LTD.
Respondent
COMMNR.,CENT.EXCISE,CALCUTTA-II
Author
S. N. VARIAVA
Bench
S. N. VARIAVA & H. K. SEMA.

Judgment text excerpt

The Supreme Court held that the process of fixing rubber linings on pipes does not constitute 'manufacture' under the Central Excise Act, as it does not result in the creation of a new and distinct product with a different name, character, and use. The Court referenced the precedent set in U. O. I. vs. D.C.M., emphasizing that mere processing does not equate to manufacture. The appeal against the CEGAT's dismissal was therefore rejected, affirming that the appellants were not liable for excise duty on the services provided.

M/S.TEGA INDIA LTD. vs COMMNR.,CENT.EXCISE,CALCUTTA-II · Niyam