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may 2007

Supreme Court of India · 2007-05-11

COMMNR. OF CENTRAL EXCISE, JAIPUR vs M/S. MAHAVIR ALUMINIUM LTD.

Citation / case number
SC 2001/12844
Court
Supreme Court of India
Petitioner
COMMNR. OF CENTRAL EXCISE, JAIPUR
Respondent
M/S. MAHAVIR ALUMINIUM LTD.
Author
C.K. THAKKER
Bench
C.K. THAKKER ASHOK BHAN

Judgment text excerpt

The Supreme Court held that the process of converting Aluminium Ingots into Aluminium Billets through re-melting and alloying constitutes 'manufacture' under Section 2(f) of the Central Excise Act, 1944. The Court affirmed the Commissioner's finding that Aluminium Billets are distinct goods with different name, character, and use from Ingots, thus making them subject to Central Excise Duty. The appeal was dismissed, upholding the duty demand and penalty imposed on the assessee for failure to declare the captive consumption of Aluminium Billets.

COMMNR. OF CENTRAL EXCISE, JAIPUR vs M/S. MAHAVIR ALUMINIUM LTD. · Niyam