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Issues involved: Challenge to excise duty assessment on cloth manufacturing.
Summary: The appellant, a sole proprietor of a trading company, challenged excise duty assessment on cloth manufactured in powerlooms. The High Court upheld the assessment, finding clear evidence that the appellant was the actual manufacturer of the cloth. The appellant's appeal to the Supreme Court, based on a certificate from the High Court, was dismissed as the Court found no merit in the appeal. The High Court's conclusion that the appellant was liable for excise duty was upheld by the Supreme Court, as there was no scope for interference with the factual findings. The appellant's challenge was against the assessment of excise duty on cloth manufactured in powerlooms, which he purportedly purchased from powerloom owners. The authorities found that the appellant supplied yarn to the powerlooms, which then manufactured the cloth for him. The High Court concluded that the appellant was the actual manufacturer of the cloth based on clear evidence from his accounts. The High Court's detailed consideration of the case led to the conclusion that the appellant had orchestrated transactions to make it appear as if he was purchasing cloth from powerloom owners, when in fact he was the one manufacturing the cloth using their powerlooms. The High Court's findings were based on substantial evidence from the department's records. The Supreme Court found no grounds to interfere with the High Court's factual conclusion that the appellant was indeed the manufacturer of the cloth in question. Consequently, the appellant was held liable for excise duty on the cloth manufactured in the powerlooms. The appeal was dismissed by the Supreme Court, affirming the High Court's decision and ordering costs to be paid by the appellant.
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