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1 - 10 of 22 (0.51 seconds)Section 2 in The Railways Act, 1989 [Entire Act]
The Railways Act, 1989
The Central Excise Act, 1944
Central Excise Tariff Act, 1985
Section 2 in Central Excise Tariff Act, 1985 [Entire Act]
The Customs Tariff Act, 1975
Brakes India Ltd. vs Supdt. Of Central Excise And Ors. on 13 March, 1997
In the case of Brakes India Ltd. v. Supdt. of
Central Excise & Others this Court has very aptly
brought out the test of character or end-use by
observing as follows:
M/S. Satnam Overseas Ltd vs Commnr. Of Central Excise, New Delhi on 18 March, 2015
40. At first glance, it may seem that the observations in various
decisions discussed above fortify the appellant’s stance that no
transformation could have occurred from placing imported
Genset into a steel container and fitting the steel container with
multiple additional components. The appellant may legitimately
argue, in the facts of the present case, like in the
aforementioned cases: (i) no change in end use of the subject
article is occurring [Servo-Med (supra)]; (ii) merely form is being
changed for the sake of convenience [S.R Tissues (supra)] and
utility [Maruti Suzuki (supra)]; and (iii) the additional elements
do not change the character of the good [Satnam Overseas
(supra)]. Consequently, undertaking the necessary process
would not amount to “manufacture” under Section 2(f) of the
Act, 1944.
M/S. Crane Betel Nut Powder Works vs Commissioner Of Customs & Central ... on 19 March, 2007
“11. The first judgment which we want to mention,
which was cited by Ms. Charanya, is Crane Betel
Nut Powder Works v. Commissioner of Customs,
Central Excise, Tirupathi. In the said case the
Assessee was engaged in the business of
marketing betel nuts in different sizes after
processing them by adding essential/non-essential
oils, menthol, sweetening agent etc. Initially, the
Assessee cleared the goods under Chapter Sub-
heading 2107 of the Central Excise Tariff and was
paying duty accordingly. However, the Assessee
filed a revised classification declaration Under Rule
173B of the Central Excise Rules, 1944, with effect
from 17th July, 1997, claiming classification of its
product under Chapter Sub-heading 0801.00 of the
Civil Appeal Nos. 9418-9420 of 2016 Page 29 of 39
Central Excise Tariff. It was contended by the
Assessee that the crushing of betel nuts into
smaller pieces with the help of machines and
passing them through different sizes of sieves to
obtain goods of different sizes/grades and
sweetening the cut pieces did not amount to
manufacture in view of the fact that mere crushing
of betel nuts into smaller pieces did not bring into
existence a different commodity which had a
distinct character of its own.