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may 2010

Supreme Court of India · 2010-05-06

Union Of India & Ors vs M/S Alembic Glass Indust. Ltd. & Anr

Citation / case number
AIRONLINE 2010 SC 58
Court
Supreme Court of India
Petitioner
Union Of India & Ors
Respondent
M/S Alembic Glass Indust. Ltd. & Anr
Bench
Aftab Alam, P. Sathasivam, D.K. Jain

Judgment text excerpt

The Supreme Court upheld the High Court's decision to quash the orders of the Assistant Collector that cancelled the approved price list and revised ground plan for the assessee's glassware manufacturing business. The Court reiterated the two-fold test established in Union of India vs. J.G. Glass Industries Ltd. under Section 2(f) of the Central Excise and Salt Act, 1944, to determine whether a process constitutes 'manufacture'. The Court found that the activity of decorating glassware did not amount to manufacture as it did not create a different commercial product, thus affirming the High Court's ruling in favor of the assessee.

Union Of India & Ors vs M/S Alembic Glass Indust. Ltd. & Anr · Niyam