Supreme Court of India · 2007-05-15
Commissioner Of Central Excise Indore vs M/S. Cethar Vessels Ltd. & Ors
- Court
- Supreme Court of India
- Petitioner
- Commissioner Of Central Excise Indore
- Respondent
- M/S. Cethar Vessels Ltd. & Ors
- Author
- Arijit Pasayat
- Bench
- Arijit Pasayat, S.H. Kapadia
Judgment text excerpt
The Supreme Court addressed the issue of whether the erection of a boiler and other plants at site constitutes the creation of immovable property under the Central Excise Act, 1944. The Court held that the fabrication of such plants from duty-paid components does not amount to manufacture of a new marketable commodity, thus excise duty is not applicable. The judgment reaffirmed the principles established in previous cases, including Quality Steel Tubes Pvt. Ltd. v. CCE and others, clarifying the excisability of assembled machinery.