Swadeshi Polytex Ltd vs Collector Of Central Excise on 23 November, 1989
The ‘manufacturing
loss’ forms part of the raw material “used” in the manufacture
though not reflected in the final product. The relief, as we
understand the notification, that has to be given to the
manufacturer was in respect of the duty already paid on the raw
material used in the manufacture of the final product. That is, the
relief has to be given to the extent of the duty paid on the input
material and not with reference to the quantity which ultimately
forms part of the final product. This is also the ratio of the
judgment in Swadeshi Polytex Ltd. v. Collector of Central Excise
(1990) 2 SCC 358. So understood we have no doubt that even the
manufacturing loss will have to be taken into account in
determining the relief to be provided under the said notification. We
are also unable to understand the argument of the Revenue based
on the difficulty in arriving at the manufacturing loss. If there is
any difficulty it is for the manufacturer who claims the relief to
prove the loss. There are also scientific methods of arriving at the
loss."