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april 2015

Supreme Court of India · 2015-04-07

Commr.Of Central Excise,Goa vs M/S Cosme Farma Laboratories Ltd

Court
Supreme Court of India
Petitioner
Commr.Of Central Excise,Goa
Respondent
M/S Cosme Farma Laboratories Ltd
Author
Anil R. Dave
Bench
Dipak Misra, Anil R. Dave

Judgment text excerpt

The Supreme Court examined whether a loan licensee, who supplies raw materials and supervises the manufacturing process, qualifies as a manufacturer under the Central Excise and Salt Act, 1944. The Court upheld the CESTAT's decision that the respondent is not an independent manufacturer, thus reversing the Commissioner’s order that treated the respondent as a manufacturer. The Court clarified the criteria for determining manufacturing status under the Act, emphasizing the role of supervision and material supply in the assessment of manufacturing activities.

Commr.Of Central Excise,Goa vs M/S Cosme Farma Laboratories Ltd · Niyam