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.