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1. ISSUES PRESENTED and CONSIDERED The core legal question considered in this judgment is whether excise duty is liable to be imposed on "resin" or "oleo pine resin." This involves determining if the process of collecting resin from pine trees constitutes "manufacture" or "production" under the relevant legal framework, thereby making it an excisable item. 2. ISSUE-WISE DETAILED ANALYSIS Relevant Legal Framework and Precedents: The legal framework involves Item No. 84 of List I to the 7th Schedule of the Constitution of India and Section 3(1)(a) of the Central Excise Act. The Constitution specifies excise duties on goods "manufactured or produced in India," while the Central Excise Act levies duties on "excisable goods" produced or manufactured in India. Precedents considered include Commissioner of Income Tax, Orissa vs. N.C. Budharaja and Company, Commissioner of Central Excise, Chennai II Commissionerate vs. Tarpaulin International, Commr. Of C. Ex. & Cus., Bhubaneswar-I vs. Tata Iron and Steel Co. Ltd., Hyderabad Industries Ltd. vs. Union of India, and Commissioner of Income Tax, Kerala vs. Tara Agencies. Court's Interpretation and Reasoning: The court emphasized the distinction between "manufacture" and "production," noting that both terms imply the creation of a new product. The court relied on precedents to interpret these terms, particularly focusing on the requirement that a new and distinct product must emerge from the process for it to be considered manufacture or production. Key Evidence and Findings: The court found that resin is simply collected from trees without undergoing any process that transforms it into a new product. It remains in its original form, thus not meeting the criteria for manufacture or production. Application of Law to Facts: The court applied the legal definitions and precedents to the facts, concluding that the collection of resin does not result in a new product. Therefore, it is not subject to excise duty, as the duty applies only to goods that are manufactured or produced in a manner that creates a new product. Treatment of Competing Arguments: The petitioners argued that resin is neither manufactured nor produced, as it is merely collected. The Revenue contended that resin is "produced" and thus excisable. The court dismissed the Revenue's argument, emphasizing that the mere collection of resin does not constitute production or manufacture. Conclusions: The court concluded that resin does not undergo a process of manufacture or production and thus cannot be subjected to excise duty. The imposition of such a duty by the Uttarakhand Forest Department was deemed arbitrary and illegal. 3. SIGNIFICANT HOLDINGS Verbatim Quotes of Crucial Legal Reasoning: "The essential factor for a good to be levied for excise duty would be as to whether that good after the process of 'manufacture' or 'production' has come out as a new commodity or product. Only when a new commodity has come into existence, is that commodity open for levying of excise duty." Core Principles Established: The judgment establishes that for excise duty to be applicable, the process must result in a new product. The mere collection or minor alteration of a product does not suffice for it to be considered manufactured or produced under excise laws. Final Determinations on Each Issue: The court determined that no excise duty is liable on resin or oleo pine resin, as they do not undergo a process that results in a new product. Consequently, the court restrained the respondents from demanding central excise duty on resin collected and sold by the Uttarakhand Forest Department. In conclusion, the judgment clarifies the application of excise duty laws concerning natural products like resin, emphasizing the necessity for a transformative process that results in a new product for such duties to be applicable.
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