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february 2009

Supreme Court of India · 2009-02-25

M/S NESTLE INDIA LTD. vs COMMNR. OF CENTRAL EXCISE, CHANDIGARH

Citation / case number
SC 2004/14379
Court
Supreme Court of India
Petitioner
M/S NESTLE INDIA LTD.
Respondent
COMMNR. OF CENTRAL EXCISE, CHANDIGARH

Judgment text excerpt

The Supreme Court held that the process of mixing various vitamins to create an 'intermixture of vitamins' constitutes 'manufacture' under Section 2(f) of the Central Excise Act, 1944, as it involves a process that alters the original properties of the ingredients, thereby creating a new product. The Court affirmed the applicability of Note 11 to Chapter 29 of the Central Excise Tariff, which states that such processes amount to manufacture. Consequently, the assessee was liable to pay excise duty on the intermixture produced for use in infant foods.

M/S NESTLE INDIA LTD. vs COMMNR. OF CENTRAL EXCISE, CHANDIGARH · Niyam