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Issues involved: Seizure and detention of stock of brassieres by Central Excise Officers, legality of the actions under Section 110 of the Customs Act, 1962 and Central Excises and Salt Act, 1944, whether brassieres fall within the ambit of Item 22D of the First Schedule to the Act, whether the process of ironing applied to the brassieres constitutes a process of manufacture with the aid of power.
Summary: The High Court of Kerala at Ernakulam heard a case involving the Metro readywear Company, Palghat, a firm manufacturing women's undergarments. Central Excise Officers seized the entire stock of brassieres from the petitioner's business premises, citing the need for a Central Excise license for manufacturing. The petitioner challenged the seizure and a prohibitory order issued under Section 110 of the Customs Act, 1962, arguing that the brassieres did not fall under the relevant excise duty category. The Court noted that brassieres are considered undergarments falling within the category of ready-to-wear apparel subject to excise duty if manufactured with the aid of power. The petitioner's manufacturing process involved stitching brassieres without power, but ironing them with electric irons before packing. The Court considered whether this ironing process constituted a manufacturing process with the aid of power, crucial for determining excise duty liability. Referring to a previous case, the Court clarified that any process incidental to the completion of a manufactured product, even if unessential, falls under the definition of 'manufacture' u/s 2(f). In this case, the ironing process was deemed incidental to the completion of brassieres as ready-to-wear garments, making them marketable. As the ironing was done with power, the Court held that excise duty liability under Item 22D applied, rejecting the petitioner's argument. Ultimately, the Court dismissed the petition without costs, upholding the legality of the seizure and the duty liability on the brassieres due to the ironing process involving power.
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