2010 (5) TMI 441 - SC - Central Excise

Manufacture - assessee carries on the business of manufacturing glassware as also the process of colour printing and decoration of the glassware - assessee pleaded that the activity of printing and decorating glassware already manufactured in a separate factory did not amount to manufacture Held that - assessee had a separate unit for carrying out the process of decoration etc. on the glassware - show cause notices issued pertained to the period during which the goods were cleared by the assessee under the price list finally approved in respect of a sesparate unit for which revised ground plan was submitted and approved - appeals being devoid of any merit appeal is dismissed

Summary

Issues involved:
1. Interpretation of the term "manufacture" under the Central Excise And Salt Act, 1944.
2. Validity of cancellation of approved price list and revised ground plan by competent authority.
3. Application of the two-fold test to determine if a different commercial commodity comes into existence.

Issue 1: Interpretation of the term "manufacture" under the Central Excise And Salt Act, 1944:

The case involved a dispute regarding whether the activity of printing and decorating glassware in a separate factory amounted to "manufacture" under the Central Excise And Salt Act, 1944. The appellant argued that unless the process resulted in a different commercial product, it should not be considered as manufacturing. The Supreme Court referred to the two-fold test established in a previous case, which required determining if a different commercial commodity emerged from the process and if the original commodity would serve no purpose without the process. The Court concluded that if the printing and decoration were done in a separate unit from where the glassware was manufactured, the value of the printing would not be included in calculating excise duty.

Issue 2: Validity of cancellation of approved price list and revised ground plan:

The competent authority had initially approved a fresh price list and a revised ground plan for the appellant's business. However, later, the authority cancelled these approvals, leading to the appellant challenging these decisions in the High Court. The High Court, relying on a previous decision, set aside the cancellation orders. The Supreme Court noted that the High Court accepted the appellant's claim of having a separate unit for decoration without verifying it. As a result, the Supreme Court upheld the High Court's decision, emphasizing that the issue was already settled by the previous court ruling.

Issue 3: Application of the two-fold test to determine if a different commercial commodity comes into existence:

The Supreme Court reiterated the importance of applying the two-fold test to ascertain whether a different commercial commodity arises from a manufacturing process. In this case, the Court found that the appellant's separate unit for decoration was a crucial factor in determining the assessable value for excise duty calculation. The Court emphasized that the High Court's decision was valid as it was based on the factual evidence presented regarding the separate unit for decoration, which was not disputed by the revenue authority. Consequently, the appeals were dismissed, and each party was directed to bear their own costs.

This detailed analysis of the judgment provides a comprehensive understanding of the legal issues involved and the Supreme Court's decision on each matter.