Supreme Court: Power Used in Any Part of an Integrated Process Disqualifies Exemption from Excise Duty
The Supreme Court held that "manufacture" includes a series of integrally connected processes. For exemption eligibility, the cumulative effect of all processes—even across different units—must be considered. If any integral process uses power, the entire manufacture is deemed to be with power, disentitling the final product from exemption.
Facts Of The Case:
The appellant-department received intelligence that Bhagyalaxmi Processor Industry (Unit 1) and Famous Textile Packers (Unit 2) were processing cotton fabrics with power without following excise procedures. A search on 21.01.2003 revealed both units operated within the same compound and possessed industrial electricity connections with machinery like mercerizing, bleaching, squeezing, and stentering machines operated by electric...
