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march 2008

Supreme Court of India · 2008-03-28

M/S. Prachi Industries vs Commissioner Of Central Excise, ...

Citation / case number
AIR 2008 SC (SUPP) 1915
Court
Supreme Court of India
Petitioner
M/S. Prachi Industries
Respondent
Commissioner Of Central Excise, ...
Bench
S.H. Kapadia, B. Sudershan Reddy

Judgment text excerpt

The Supreme Court held that the process of swaging undertaken by M/s. Prachi Industries on duty-paid MS tubes constitutes 'manufacture' under Section 2(f) of the Central Excise Act, 1944. The Court clarified that the definition of 'manufacture' includes any process incidental to the completion of a manufactured product, and swaging imparts a distinct physical change to the MS tubes, thus qualifying as manufacture. The appeals by the assessee were dismissed, affirming the orders of CEGAT that had favored the Revenue.

M/S. Prachi Industries vs Commissioner Of Central Excise, ... · Niyam