Supreme Court of India · 2005-11-28
Procter & Gamble Hygiene & Health Care ... vs Commissioner Of Central Excise,Bhopal
- Citation / case number
- 2005 AIR SCW 6132
- Court
- Supreme Court of India
- Petitioner
- Procter & Gamble Hygiene & Health Care ...
- Respondent
- Commissioner Of Central Excise,Bhopal
- Bench
- Ashok Bhan, S.H. Kapadia
Judgment text excerpt
The Supreme Court, in this case, addressed the applicability of excise duty on the repacking of detergent powder under the Central Excise Act, 1944, specifically Section 35-L(b) and Section 11A(1). The Court held that the cost of repacking into smaller sachets did not constitute 'manufacture' prior to the amendment on 1.3.1994, thus the duty was not applicable for the period in question. The appeal was allowed, ruling that the assessee was not liable for the differential duty claimed by the department.