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november 2005

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.

Procter & Gamble Hygiene & Health Care ... vs Commissioner Of Central Excise,Bhopal · Niyam