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february 2005

Supreme Court of India · 2005-02-04

M/S. O.K. PLAY (INDIA) LTD. vs COMMNR. OF CENTRAL EXCISE, NEW DELHI

Citation / case number
SC 2000/17746
Court
Supreme Court of India
Petitioner
M/S. O.K. PLAY (INDIA) LTD.
Respondent
COMMNR. OF CENTRAL EXCISE, NEW DELHI
Author
KAPADIA
Bench
S.N. VARIAVA,DR. AR. LAKSHMANAN,S.H. KAPADIA

Judgment text excerpt

The Supreme Court addressed 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 such conversion does amount 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 is excisable goods under Section 2(d) of the 1944 Rules. The Court ruled in favor of the revenue, affirming the duty liability of the assessee.

M/S. O.K. PLAY (INDIA) LTD. vs COMMNR. OF CENTRAL EXCISE, NEW DELHI · Niyam