1980 (1) TMI 97 - HC - Central Excise

Summary

Issues:
1. Whether repacking of glucose by the petitioner amounts to "manufacture" under Section 2(f)(iii) of the Central Excises and Salt Act 1944.
2. Whether the petitioner is liable to pay excise duty under Tariff Item No. 14-E of Schedule I for repacking glucose.
3. Whether glucose qualifies as a patent or proprietary medicine under the definition provided in the Act.

Analysis:
1. The petitioner, a partnership firm, challenged the orders passed by the Assistant Collector and the Appellate Collector, contending that repacking glucose does not constitute "manufacture" as defined in Section 2(f)(iii) of the Act. The dispute centered around whether the repacking process falls under the definition of "manufacture," specifically related to patent or proprietary medicines, cosmetics, and toilet preparations. The court examined the definition of "manufacture" and the specific processes included within it to determine the applicability to the petitioner's activities.

2. The court analyzed Tariff Item Nos. 1-E and 14-E of Schedule I, focusing on the classification of glucose and its relevance to the excise duty liability of the petitioner. It noted that while glucose is separately taxable under Tariff Item No. 1-E as a food item, the classification of patent or proprietary medicines under Tariff Item No. 14-E requires specific criteria to be met. The court deliberated on the distinction between food items and medicinal preparations, emphasizing that glucose, being classified under the "Food" category, does not qualify as a patent or proprietary medicine under the Act.

3. The court delved into the definition of "drug" under the Drugs and Cosmetics Act, 1940, to ascertain whether glucose could be considered a drug or medicinal preparation for the purposes of excise duty classification. It highlighted the exclusion of food items from the definition of drug and the specific criteria for substances intended to affect the human body's structure or function. By referencing relevant legal provisions and precedents, the court concluded that glucose, being classified as a food item, does not meet the criteria to be considered a patent or proprietary medicine under Tariff Item No. 14-E. Consequently, the court allowed the petition, quashing the orders of the Assistant Collector and the Appellate Collector, and directing the refund of the security amount to the petitioner.