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.