VidhiSangh

Supreme Court of India · 12/10/2017

COMMISSIONER OF CENTRAL EXCISE & SERVICE TAX, BANGALORE versus MIS KARNATAKA SOAPS & DETERGENTS LTD.

[2017] 10 S.C.R. 148 · 2017 INSC 1036

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Summary

The manufacturer made liquid agarbathi perfume in Bangalore and transported it to Mysore for use in agarbathis. The Court held that the product was marketable and excisable, notwithstanding captive transfers. The 1999 Board circular concerning nonmarketable compounds in continuous manufacture supplied no exemption for this stored and transported perfume.

Issues

  1. Whether the Board circular excluded this perfumery compound from excise.
  2. Whether actual sales were required to establish dutiability.

Held

Result

Revenue’s appeals allowed; CESTAT orders dated 11 November 2010 set aside; no costs.

Judgment PDF: Supreme Court of India, [2017] 10 S.C.R. 148.