LAMINATED PACKINGS (P) LTD. versus COLLECTOR OF CENTRAL EXCISE, GUNTUR

LAMINATED PACKINGS (P) LTD. versus COLLECTOR OF CENTRAL EXCISE, GUNTUR

Lamination of kraft paper with polyethylene results in distinct, separate, and different goods known in the market, and thus constitutes 'manufacture' as per excise law, making them excisable.

Parties
Appellant: Laminated Packings (P) Ltd.; Respondent: Collector of Central Excise, Guntur
Jurisdiction
India
Judgment Date
06 August 1990
Procedural Posture
Civil Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Manufacture Under Excise Law, Criteria for Excise Duty, Meaning of Manufacture

Case Brief

Summary, issues, holding and outcome

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Parties

Laminated Packings (P) Ltd.

Appellant

Collector of Central Excise, Guntur

Respondent

Procedural Posture

Civil Appeal / Final Judgment

  1. 1 Whether lamination of duty paid kraft paper with polyethylene resulting in polyethylene laminated kraft paper amounts to 'manufacture' and is excisable under law

Ratio Decidendi

Lamination of kraft paper with polyethylene results in distinct, separate, and different goods known in the market, and thus constitutes 'manufacture' as per excise law, making them excisable.

Court Disposition

appeal dismissed

Orders

  • order of Customs, Excise & Gold (Control) Appellate Tribunal upheld
  • no order as to costs