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november 2004

Supreme Court of India · 2004-11-23

Shyam Oil Cake Ltd vs Collector Of Central Excise, Jaipur

Citation / case number
AIR 2005 SUPREME COURT 1192
Court
Supreme Court of India
Petitioner
Shyam Oil Cake Ltd
Respondent
Collector Of Central Excise, Jaipur
Author
S.N. Variava
Bench
S.N. Variava, Ar. Lakshmanan, S.H. Kapadia

Judgment text excerpt

The Supreme Court held that the processing of edible vegetable oil by the Appellants constituted 'manufacture' under the Central Excise Act, 1944, specifically under Tariff Item 1503.10, thus making them liable to pay excise duty. The Court affirmed the findings of the Customs, Excise and Gold (Control) Appellate Tribunal (CEGAT) that a new and distinct product emerged from the refining process. Consequently, the appeals filed by the Appellants were dismissed, upholding the duty assessment made by the authorities.

Shyam Oil Cake Ltd vs Collector Of Central Excise, Jaipur · Niyam