iii) Ujagar Prints v. UOI - 1989 (39) ELT 493 (SC) (5-Member
Constitution Bench), it was held that excise duty is on 'manufacture and
production of goods' and liability to pay duty is not dependent upon
whether the manufacturer is owner or not. Job worker is the
manufacturer, even if raw material and designs were given by
appellant.
Marble blocks are also Nil rated in CETA under CTH 25151210. Further
held that exports through merchant exporter supported by VAT 15/H
form is not required to be considered for SSI Exemption. Relying on the
ruling in CCE vs Udaipur Surgicals 2011(264)ELT 145 and also in CCE
vs. Universal Packaging 2013 (292)ELT.191 (Bombay). He also
observed that the duty have been wrongly calculated, as effective duty
cannot exceed the duty prescribed under CETA.
iv) Raymond Ltd. v. CCE (2014) 308 ELT 151 (CESTAT): In Mayo
India Ltd. v. CCE 1999(113) ELT 1036 (CEGAT 3-member bench)
also, it was held that job worker is the manufacturer and raw material
supplier is not manufacturer if relationship is principal to principal basis.
iv) Raymond Ltd. v. CCE (2014) 308 ELT 151 (CESTAT): In Mayo
India Ltd. v. CCE 1999(113) ELT 1036 (CEGAT 3-member bench)
also, it was held that job worker is the manufacturer and raw material
supplier is not manufacturer if relationship is principal to principal basis.