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july 2011

Supreme Court of India · 2011-07-11

COMMNR. OF CENTRAL EXCISE, NAGPUR vs M/S. GURUKRIPA RESINS PVT. LTD.

Citation / case number
SC 2005/20321
Court
Supreme Court of India
Petitioner
COMMNR. OF CENTRAL EXCISE, NAGPUR
Respondent
M/S. GURUKRIPA RESINS PVT. LTD.
Author
D.K. JAIN
Bench
D.K. JAIN,H.L. DATTU, , ,

Judgment text excerpt

The Supreme Court addressed appeals under Section 35-L(b) of the Central Excise Act, 1944, concerning the classification and duty rates for 'Rosin' and 'Turpentine Oil' manufactured by the assessee. The Court upheld the Tribunal's decision that the goods were correctly classified under nil duty rates, rejecting the Deputy Commissioner's assertion that the use of electric motors constituted 'aid of power' under the Tariff Act. The Court clarified that the mere lifting of water does not equate to manufacturing with the aid of power, thus ruling in favor of the assessee.

COMMNR. OF CENTRAL EXCISE, NAGPUR vs M/S. GURUKRIPA RESINS PVT. LTD. · Niyam