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october 2007

Supreme Court of India · 2007-10-05

Cce Lucknow vs M/S. Wimco Ltd

Court
Supreme Court of India
Petitioner
Cce Lucknow
Respondent
M/S. Wimco Ltd
Author
Arijit Pasayat
Bench
Arijit Pasayat, Lokeshwar Singh Panta

Judgment text excerpt

The Supreme Court upheld the CEGAT's decision that waste/scrap/parings of paper board generated during manufacturing do not constitute a new product for the purpose of excise duty under the Central Excise Act, 1944. The Court emphasized that 'manufacture' implies the emergence of a new substance with a distinct name, character, and use, which was not satisfied in this case. Consequently, the demand for duty amounting to Rs. 23,20,000 was deemed unsustainable, and the appeal was dismissed.

Cce Lucknow vs M/S. Wimco Ltd · Niyam