1996 (9) TMI 137 - SC - Central Excise

Summary

Issues involved: Determination of whether the appellants can be considered as manufacturers of containers for excise duty purposes.

The Supreme Court examined the case where the appellants supplied tin sheets to a company for manufacturing metal containers, which were used for packing the appellants' biscuits. The Excise authorities alleged that the appellants should be considered as manufacturers of the containers and be liable to pay Excise duty. The Tribunal initially upheld this view based on the definition of 'manufacturer' in Section 2(f) of the Central Excises and Salt Act, 1944, which includes a person engaging in production or manufacture on their own account. However, the Supreme Court disagreed with the Tribunal's interpretation, emphasizing that the appellants merely supplied materials and had the right to reject the containers, indicating they were not the actual manufacturers. The Court highlighted that the units producing the containers had their own licenses and workers, further supporting the appellants' position. Ultimately, the Court allowed the appeals, overturning the Tribunal's decision and setting aside the judgment and order.

In conclusion, the Supreme Court ruled in favor of the appellants, determining that they were not to be considered as manufacturers of the containers for excise duty purposes, based on the specific arrangements and lack of control over the manufacturing process.