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Supreme Court of India 2025-12-02 allowed

Commissioner of Customs, Central Excise & Service Tax, Rajkot vs Narsibhai Karamsibhai Gajera & Ors

Bench: 2 — Pamidighantam Sri Narasimha, Atul S. Chandurkar

In Brief

Two textile units operating in the same compound claimed exemption from excise duty under a notification for cotton fabrics processed without power or steam. Unit 1 performed bleaching and mercerizing; Unit 2 performed power-driven squeezing and stentering; Unit 1 then bailed and packed the final product. The tax authority and initially the Commissioner found the entire operation liable to duty. The appellate tribunal allowed the exemption, treating the units as separate. The Supreme Court reversed, holding that when distinct processes by separate units form an integrated chain producing a final product, they constitute a single continuous manufacture. Use of power at any interlinked stage—here, stentering—disqualifies the exemption. Formal separateness cannot override factual integration of processes.

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Central Excise Law Indirect Taxation Exemption Notifications Manufacturing Process Tax Avoidance Substance over Form Appellate Jurisdiction Procedural Law — Excise Act

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