Supreme Court of India · 2012-01-13
Commr.Of Cen.Exic.Ii Bangalore vs M/S Osnar Chemical P.Ltd
- Citation / case number
- AIR 2012 SC (SUPP) 643
- Court
- Supreme Court of India
- Petitioner
- Commr.Of Cen.Exic.Ii Bangalore
- Respondent
- M/S Osnar Chemical P.Ltd
- Author
- D.K. Jain
- Bench
- Asok Kumar Ganguly, D.K. Jain
Judgment text excerpt
The Supreme Court ruled that the mechanical mixing of polymer with heated bitumen does not constitute the manufacture of a new commercially identifiable product, thus exempting it from excise duty under the Central Excise Act, 1944. The Court emphasized that the process does not result in a product that is distinct from the original materials, aligning with the definitions under the Central Excise Tariff Act, 1985. The appeals by the revenue were dismissed, affirming the Tribunal's decision.