VidhiSangh

Supreme Court of India · 30/04/2024

COMMISSIONER OF CENTRAL EXCISE BELAPUR versus JINDAL DRUGS LTD.

[2024] 5 S.C.R. 271 · 2024 INSC 354

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

After the amendment effective 1 March 2008, Note 3 to Chapter 18 separately treats labelling or relabelling of containers, repacking from bulk to retail packs, and other treatment rendering a product marketable as manufacture. Relabelling cocoa-product packages at the Taloja unit therefore constituted deemed manufacture even though the goods were already labelled. The Tribunal’s decision permitting credit and export-duty rebate was affirmed and the Revenue’s appeals dismissed.

Issues

  1. Whether relabelling cocoa-product packages independently constituted manufacture after the 2008 amendment.
  2. Whether the Tribunal’s consequential credit and rebate decision warranted interference.

Provisions considered

Held

Result

Revenue’s lead and connected appeals dismissed; Tribunal order affirmed, including its consequential credit and rebate relief. No order as to costs.

Judgment PDF: Supreme Court of India, [2024] 5 S.C.R. 271.