Just a moment...

Top
Help
×

By creating an account you can:

Logo TaxTMI
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / TMI Blogs / RSS

2010 (1) TMI 630

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ppellant. Shri Amrish Jain, DR, for the Respondent. [Order per : Archana Wadhwa, Member (J)] . - All the three appeals are being disposed of by this common order in as much an identical issue is involved. 2. The appellants are engaged in the manufacture and supply of country liquor in sealed bottles through the State Government. In as much as, they were undertaking activity of bot....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....activity, the same includes packing of goods including bottles, labelling, affixing of hologram sticker and the packing but does not including any packaging activity amounting to manufacture within the meaning of clause (f) of Section 2 of the Central Excise Act, 1944. 5. The adjudicating authority, however, observed that since the country liquor manufactured and packed by the appellants i....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....le MP High Court. As is seen from the impugned order of the Commissioner, reliance stands placed by him on the MP High Court judgment in the case of Vindhyachal Distilleries Pvt Ltd. However, it is seen that subsequently, the matter was referred to Larger Bench by another Bench of the MP High Court in the case of Som Distillereis and Breweries Pvt. Ltd v. State of MP and Another reported in 1997 (....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....quor are not the part of manufacturing process and hence, liable to service tax and we uphold the view taken in Som Distilleries (supra) and, therefore, rule that packaging and bottling of liquor come within the ambit and sweep of manufacture within the meaning of clause (f) of Section 2 of Central Excise Act, 1944 in view of the definition contained in Section 65(76b) of the Finance Act especiall....