CUSTOMS, EXCISE AND GOLD (CONTROL) APPELLATE TRIBUNAL, NEW DELHI
I.J. Rao, V.P. Gulati, G.P. Agarwal, JJ.
Collector of Central Excise -Appellant
Versus
Lakaki Works (P.) Ltd. -Respondent
Order No. 650/88-C Appeal No. E/3462 of 1987 (C), 650 of 1988, E/3462 of 1987
Decided On : 11-08-1988
I.J. Rao, Member (T)
1. None was present for the respondents but they submitted written arguments for consideration. We, therefore, heard Shri V.M. Doiphode, the learned SDR and perused the written submissions made by the respondents.
2. The facts in brief, as stated by the appellant Collector are as follows: -
"M/s. Lakaki Works (P) Ltd., Lonavala, Pune (hereinafter referred to as 'Respondent' are manufacturers of excisable goods viz. Auto Thinner
3. Shri Doiphode, the learned SDR submitted that what the appellants sold may be the same goods, namely, duty paid mineral turpentine and xylol repacked in small containers and given different names. But as they have been given a new name, packed in smaller containers and were sold as different commodities, namely, thinner, they are different goods and are liable to pay excise duty. In support of his arguments he cited a judgment of the Madras High Court 1986 (26) E.L.T. 211 (Madras) Brakes India Ltd. v. Superintendent of Central Excise, Madras and Anr. judgment of the Supreme Court reported in 1987 (32) E.L.T. 231 (SC) Regional Director Employees State Insurance Corporation v. Ram Chander. He submitted that the processes undertaken by the respondents are incidental or ancillary to manufacture.
4. The respondents in their written arguments submitted that they re-packed and renamed the goods. They pleaded that Section 2(f) of the C.E.
5. We have considered the arguments of both sides. The basic fact that there is no change in the product obtained by the respondents and sold by them, in so far as its, identity and nature is concerned is not in dispute. Whether re-packing, relabelling and renaming amounts to manufacture of a different commodity is the question. The two Judgments cited by the learned DR do not help the appellants. In Brakes India Ltd. (supra) the High Court held that the process of drilling and chamfering is a process incidental or ancillary to the completion of brake lining and amounts of manufacture. In this appeal there is no claim that the mineral turpentine and xylol are physically or chemically changed in any way. Therefore, the ratio of the judgement is not applicable. In the other judgment (supra) it was held that stitching is manufacture. There the fabric which is stitched undergoes a change in its shape, character, use and name. Such is not the case here. Therefore, the ratio of this judgment is not applicable to this appeal.
6. We have also considered the ratio of the judgment cited by the respondents. In the Brooke Bond India Ltd. (supra) the High Court observed that the essence of the expression "manufacture" "is the changing of one object into another for the purpose of making it marketable". On this principle the High Court held that coffee chicory mixture
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