Supreme Court of India · 2005-02-04
O.K. Play (India) Ltd vs Commissioner Of Central Excise-Ii, New ...
- Citation / case number
- AIR 2005 SUPREME COURT 1031
- Court
- Supreme Court of India
- Petitioner
- O.K. Play (India) Ltd
- Respondent
- Commissioner Of Central Excise-Ii, New ...
- Bench
- S.N. Variava, Ar. Lakshmanan, S.H. Kapadia
Judgment text excerpt
The Supreme Court examined whether the process of converting Low Density Polyethylene (LDPE) and High Density Polyethylene (HDPE) granules into moulding powder constitutes 'manufacture' under Section 2(f) of the Central Excise Act, 1944. The Court upheld the findings of the Commissioner (Adjudication) that the conversion process amounted to 'manufacture' as per note 6(b) to Chapter 39 of the Central Excise Tariff Act, 1985, and confirmed the duty demand on the grounds that the moulding powder was excisable goods under Section 2(d) of the 1944 Rules. The appeal was dismissed, affirming the lower authority's decision regarding the duty liability.