COMMNR.OF CENTRAL EXCISE, CHENNAI-II vs. M/S. TARPAULIN INTERNATIONAL
What did the Supreme Court hold?
The Supreme Court held that the process of cutting, stitching, and fitting eyelets to tarpaulin fabric does not constitute 'manufacture' as it does not bring into existence a new and distinct commodity with a different character or use.
What were the facts?
The assessee processed tarpaulin fabric by cutting, stitching, and fitting eyelets to create 'tarpaulin made-ups'. The department sought to levy excise duty, considering this a manufacturing process.
What were the issues?
Whether the conversion of tarpaulin fabric into tarpaulin made-ups by cutting, stitching, and fitting eyelets amounts to 'manufacture' for the purpose of levying central excise duty.
Which sections of the Income-tax Act were involved?
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Cases cited in this judgment(4)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- Empire Industries Ltd. v. Union of India38 citing162 ITR 846 · 1985 · SC
- Union of India v. Delhi Cloth and General Mills Co. Ltd.7 citing5 SCC 767 · 1997
- South Bihar Sugar Mills Limited v. Union of India5 citing3 SCR 21 · 1968
- Tungabhadra Industries Ltd. v. CTO4 citing2 SCR 14 · 1961
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURI ICTION CIVIL APPEAL NO.5341 OF 2005 Commissioner of Central Excise, Chennai-II Commissionerate ..……….Appellant Versus M/s. Tarpaulin International ..….…..Respondent WITH CIVIL APPEAL NOS.6624-6626 OF 2005 Commissioner of Central Excise, Chennai-II Commissionerate .……….Appellant Versus M/s. Tarpaulin International & Ors. .….…..Respondents WITH CIVIL APPEAL NOS.7563-7564 OF 2005 Commissioner of Central Excise, Chennai-II Commissionerate .……….Appellant Versus Rohini Mills Pvt. Ltd. ..….…..Respondent 1
WITH CIVIL APPEAL NO.7628 OF 2005 Commissioner of Central Excise, Chennai-II Commissionerate .……….Appellant Versus Geotex Mills Pvt. Ltd. ..….…..Respondent WITH CIVIL APPEAL NO.7629 OF 2005 Commissioner of Central Excise, Chennai-II Commissionerate
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