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january 2011

Supreme Court of India · 2011-01-13

M/S. Usha Rectifier Corpn.(I) Ltd vs Commnr. Of Central Excise, New Delhi

Citation / case number
AIR 2011 SC (SUPP) 746
Court
Supreme Court of India
Petitioner
M/S. Usha Rectifier Corpn.(I) Ltd
Respondent
Commnr. Of Central Excise, New Delhi
Author
Mukundakam Sharma
Bench
Mukundakam Sharma, Anil R. Dave

Judgment text excerpt

The Supreme Court held that under Section 3 of the Central Excises and Salt Act, 1944, excise duty is applicable only when there is a clear act of manufacture or production. The Court found that the appellant's activities did not constitute manufacture as they were primarily for research and development purposes, and thus, the demand for excise duty of Rs. 4,92,566.28 was not justified. The Court overturned the decisions of the lower authorities, including the CEGAT, and ruled in favor of the appellant, stating that no excise duty was leviable in this case.

M/S. Usha Rectifier Corpn.(I) Ltd vs Commnr. Of Central Excise, New Delhi · Niyam