Search Results Page
Search Results
1 - 10 of 11 (0.37 seconds)Section 2 in The Central Excise Act, 1944 [Entire Act]
Section 3 in Central Excise Tariff Act, 1985 [Entire Act]
Section 2 in Central Excise Tariff Act, 1985 [Entire Act]
The Customs Tariff Act, 1975
Bata India Ltd vs Commnr. Of Central Excise, New Delhi on 12 April, 2010
In this regard the Apex Court in the case of Bata India
Ltd. v. CCE, New Delhi (supra) has held that the test of marketability is
whether product is marketable in condition in which it emerges. In this
regard the marketability of the goods produced by a particular
manufacturer cannot be presumed on the basis of the marketability of
5
E/85146/2017
the similar goods in different condition being produced by another
manufacturer, unless it shown that the two products are identical. In
these cases, the Commissioner (Appeals) has held that the goods, in
question, to be marketable only on the basis that the "invert sugar syrup"
Gujarat Narmada Valley Fertilisers Co. ... vs C.C.E. And Cus. on 8 January, 1997
being manufactured by M/s. Dhampur Speciality Sugars Ltd. is being sold
to M/s. Britannia Industries, M/s. J.B. Mangaram Food Industries and
M/s. ITC Ltd. In our view this basis of holding that the goods, in question,
are marketable is absolutely wrong, as it has been presumed that the
sugar syrup being made by the appellants is identical to the "invert sugar
syrup" being made by M/s. Dhampur Speciality Sugars Ltd. for which
there is no basis. Chemically, invert sugar is obtained by Hydrolysis of
cane sugar (sucrose, a disaccharide with specific rotation of + 66.5°) and
the same is a mixture of glucose (with specific rotation of +52.7°) and
fructose (with specific rotation of - 92°), with net specific rotation of -
19.7°. The process of hydrolysis of cane sugar (which is dextrorotatory
i.e. with rotation of + 66.5°) is also called inversion, as the mixture of
glucose and fructose formed by this process is levorotatory with sp.
Rotation of - 19.7° and for this reason the mixture of glucose and
fructose formed by hydrolysis of cane sugar is called invert sugar. The
invert sugar has longer shelf life. Whether a sugar syrup is ordinary cane
sugar syrup or is invert sugar syrup has to be ascertained by chemical
test which has not been done. It is, therefore, totally wrong to presume a
given sugar syrup as invert sugar syrup without test. The judgments of
the Apex Court in the cases of Gujarat Narmada Valley Fert. Co.
Ltd. v. CCE & Cus.
Madley Pharmaceuticals Ltd vs Commnr Of Central Excise&Customs, ... on 14 January, 2011
(supra), Nicholaas Piramal India Ltd. v. CCE,
Mumbai (supra) and Medley Pharmaceuticals Ltd. v. CCE &
Cus, Daman (supra) cited by the learned DR are not applicable to the
facts of this case.
M/S Nicholas Piramal (I) Ltd. vs Cce Raigad on 24 August, 2018
(supra), Nicholaas Piramal India Ltd. v. CCE,
Mumbai (supra) and Medley Pharmaceuticals Ltd. v. CCE &
Cus, Daman (supra) cited by the learned DR are not applicable to the
facts of this case.
Commissioner Of Central Excise, ... vs M/S. Hindustan Coca Cola Beverages Pvt. ... on 22 September, 2015
E/85146/2017
Del.) and Commissioner of Central Excise, Jaipur-I Vs. Kanti Beverages Pvt.
Ltd. - 2016 (344) E.L.T., 979 (Tri.-Del.).