1983 (7) TMI 55 - HC - Central Excise

Summary

Issues Involved:

1. Whether the process of blending and packing tea amounts to "manufacture" u/s 2(f) of the Central Excises and Salt Act, 1944.
2. Validity of excise duty levied on package tea under Clause (2) of Item 3 of the Central Excise Tariff.
3. Allegation of double taxation and violation of constitutional provisions.

Summary:

1. Process of Blending and Packing as "Manufacture":
The petitioners contended that the process of blending and packing tea does not bring into existence any new product with a distinct name, character, and use different from the original tea. They argued that the process does not amount to "manufacture" as defined in Section 2(f) of the Central Excises and Salt Act, 1944, which requires the emergence of a new article. The respondents, however, maintained that package tea is distinct from loose tea in commercial parlance and is recognized as a different product.

2. Validity of Excise Duty on Package Tea:
The petitioners challenged the imposition of excise duty on package tea under Clause (2) of Item 3 of the Central Excise Tariff, arguing it was unconstitutional and amounted to double taxation. They claimed that the duty was already paid on the bulk tea and that merely repacking it does not constitute manufacturing a new product. The court, however, upheld the validity of the excise duty, stating that the legislature had specifically included package tea as a separate item in the Tariff Schedule, and thus it was within the jurisdiction of the Central Government to levy such duty.

3. Allegation of Double Taxation and Constitutional Violation:
The petitioners argued that the imposition of excise duty on package tea, after duty had already been paid on bulk tea, constituted double taxation and violated Article 246 of the Constitution read with the Seventh Schedule. The court dismissed this argument, noting that the duty on package tea is only the difference between the higher rate for package tea and the lower rate for bulk tea, thus not constituting double taxation. The court also dismissed the challenge to the constitutionality of the relevant items of the Central Excise Tariff.

Conclusion:
The court held that the excise duty levied on package tea is valid and lawful, and package tea is a separate and specific excisable item. The petitioners were not entitled to any relief, and all interim orders were vacated.