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Supreme Court of India · 2006-03-27

HINDUSTAN POLES CORPORATION vs COMMISSIONER OF CENTRAL EXCISE, CALCUTTA

Citation / case number
SC 2000/6449
Court
Supreme Court of India
Petitioner
HINDUSTAN POLES CORPORATION
Respondent
COMMISSIONER OF CENTRAL EXCISE, CALCUTTA
Author
Dalveer Bhandari
Bench
DALVEER BHANDARI DR. AR.LAKSHMANAN

Judgment text excerpt

The Supreme Court examined whether the process of welding electric resistant pipes into Stepped Transmission Poles constitutes 'manufacture' under Section 2(f) of the Central Excises Act, 1944. The Court held that for an activity to qualify as manufacture, it must result in a new and different article with a distinctive name, character, or use. The Court found that the appellants' process did not meet this criterion, thus ruling in favor of the appellants against the excise duty claim.

HINDUSTAN POLES CORPORATION vs COMMISSIONER OF CENTRAL EXCISE, CALCUTTA · Niyam