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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.

Citation / case number
SC 2007/985
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 ruled that under the Central Excise and Salt Act, 1944, a loan licensee can be considered a manufacturer if they supervise the production of medicaments by job workers. The Court upheld the CESTAT's decision to allow the respondent's appeals, which had reversed the Commissioner's order that treated the loan licensee as a manufacturer liable for excise duty. The judgment clarified the criteria for determining manufacturing status in the context of job work arrangements.

COMMR.OF CENTRAL EXCISE,GOA vs M/S COSME FARMA LABORATORIES LTD. · Niyam