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may 2010

Supreme Court of India · 2010-05-06

UNION OF INDIA vs M/S ALEMBIC GLASS INDUST. LTD.

Citation / case number
SC 2002/13067
Court
Supreme Court of India
Petitioner
UNION OF INDIA
Respondent
M/S ALEMBIC GLASS INDUST. LTD.

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 under the Central Excise and Salt Act, 1944. The Court reiterated the two-fold test for determining 'manufacture' as per Section 2(f) of the Act, emphasizing that the process must either create a new commercial product or render the original product obsolete. The Court found that the activities of the assessee did not constitute 'manufacture' and thus the cancellation of approvals was unjustified.

UNION OF INDIA vs M/S ALEMBIC GLASS INDUST. LTD. · Niyam