Supreme Court of India

L.T.C. Ltd. v. Collector of Central Excise, Patna

Neutral citation
Reported as [2002] SUPP. 5 S.C.R. 1
Bench S.N. Variava and B.N. Agrawal JJ.
Decided 10 December 2002

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

We hold that sticks of cigarette which are removed for the purpose of test in the quality control laboratory located within the factory premises of the appellant-Company are C liable to excise duty.

Judgment, page 11

From the headnote

Central Excise Act, 1944/Central Excise Rules, 1944-Section 3/Rule 93-Excise dutj-On samples of cigarettes required for quality control test­ Held, liable to excise duty, since the manufacture of the end product i.e. cigarette is completed before removal for test and is fit for consumption. Appellant-Company a manufacturer of cigarette, was issued show cause notices alleging therein that it had been clearing without payment of excise duty 20 sticks of cigarettes from each cigarette making machine in the cigarette making department on each working day as samples for test in their quality

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