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january 2012

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.

Commr.Of Cen.Exic.Ii Bangalore vs M/S Osnar Chemical P.Ltd · Niyam