Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *  The GSTN has issued an Advisory dated 21.04.2026 about the introduction of an Offline Tool for the Invoice Management System (IMS)  *  CBIC extends due dates for filing of FORM GSTR 3B  for the month of April 2026 *  Interest cannot be imposed in adjudication order, if not demanded/quantified in show cause notice : Allahabad HC *  Wheelchairs with toileting facility eligible for exemption: CESTAT affirms customs duty exemption to importer *  Industries urge GST council to allow inverted duty refunds on input services *  Tamil Nadu GST dept introduced virtual hearing facility for GST appeals under under section 107 of the TNGST act: detailed guidelines  *  CIC urges authorities to implement GST evasion complaint tracking system *  Even if the assessee opts "NO" for personal hearing in form DRC-06 ,The mandatory requirement under section 75(4) to grant opportunity of hearing cannot be waived:Gujarat High Court  *  Glufosinate imports curbs imposed by govt *  Government extends Re-import period for exported cut & polished diamonds *  CIC flags lack of tracking system for tax evasion complaints,urges GST authorities to improve transparency *  No Custodial Interrogation needed in GST fraud case based on documentary evidence already in Department's Possession : Chattisgarh HC *  Orders under section cannot be sustained if passed without considering the taxpayer's objections and without granting a personal hearing:Gujarat High Court *  Mere cancellation of supplier's registration cannot,by itself,justify denial of ITC or cancellation of the recipient's registration:Bombay High Court *  High Court sets aside GST notice citing factual errors and natural justice violations *  Provisional Bank Attachment under Section. 110 of Customs Act Unsustainable Beyond Statutory period without Extension order: Bombay HC orders to defreeze accounts *  Post Clearance MRP Alteration by Distributor Does not attract Differential Customs Duty: CESTAT *  DGFT Expands scope of 'Screws' classification under RoDTEP Scheme  *  E-way bills surze to all time high of 140.6 million in March *  GST Exemption Allowed on Pure Labour Services for Standalone Houses: AAR  *  GST Payable Only on Margin in Second-Hand Car Sales, Subject to Strict Conditions and No ITC Claim: AAR *  DGFT rolls out procedure for allocation of calcined coke *  GST portal update : Pre-deposit amount now editable in Appeals *  J&K HC declared TMT scrap a 'Specified Good' eligibile for GST refunds under Support Scheme  *  Pigmy agents are employees of banks; no GST can be levied on commission  paid to them : Karnataka HC *  DGFT Revises HS Code Description for Screws Under RoDTEP *  GST Registration Cancellation Invalid Without Proper Service of Notice: Allahabad High Court. *  Bengaluru CGST | GST Backlog Appeals Deadline Fixed at June 30, 2026 *  No Time Bar on Refund of Service Tax for Services Not Rendered: CESTAT  Remands Indiabulls Case for Unjust Enrichment Check. *  Supreme Court Holds Renewable Energy Incentive Must Benefit Generators, Not Be Adjusted in Tariff
Subject News *   Delhi HC Quashes Order, Says Reminder Cannot Validate Improperly Served GST SCN *  KARNATAKA HIGH COURT REMANDS GST SHORTFALL MATTER DUE TO ABSENCE OF PERSONAL HEARING   *  CESTAT cancels confiscation and penalties on imported computer cabinet cases: Custom duty restricted to 111 surplus units *  Deposit of tax during search or investigation cannot be treated as 'Voluntary Payment' : Bombay High Court *  Section 76 of the CGST cannot be invoked where the tax has already been duly deposited, even if through another registration of the same entity: Madras High Court *  Sec 74 allows use of material regardless of source; illegality or flaws in section 67 search do not vitiate valid adjudication: HC *  Inter-State transfer of ITC on Amalgamation permissible as given under section 18(3) read with rule 41 of the CGST rules, 2017: Gujarat High Court *  HC: No GST on commisson paid to Pigmy Agents *  IGST refund denial on illegible bill of lading invalid absent chance to furnish docs; merit reconsideration in appeals directed: HC *  ITC is not admissible on GST paid on leasehold rights of land used fpr setting up an air seperation plant: AAAR,Tamil Nadu *  GST: No penalty under Section 74 after voluntary ITC reversal due to non-existent supplier : High Court *  TN AAAR denies GST ITC on Land Lease under Sec. 17(5)(d) for setting up plant and machinery *  GST proceedings quashed as notices sent to old address, despite updated address in registration *  Importer Can’t Be Penalised for Alleged IGCR Procedural Lapses Without Evidence of Departmental Error: CESTAT *  Structured Healthcare Training Not ‘Charitable Activity’, 18% GST Payable: AAR  *  CESTAT As The Appellate Authority For Central Sales Tax Disputes: A Paradigm Shift Under Finance Act, 2023 *   Rs. 25K Cost Imposed On SGST Joint Commissioner for Attaching Bank  Accounts Without Forming Mandatory “Opinion”: Bombay HC *   Ex-Parte GST Order Without Hearing Violates Natural Justice: Karnataka  High Court Quashes Adjudication and Bank Attachment.  *   Retrospective GST Cancellation Can’t Invalidate Genuine Transactions:  Jaipur Commissioner (Appeals) Quashes Rs. 95,670 ITC Demand. *   GST Pre-Deposit Non-Compliance: Allahabad High Court Allows Appeal  Subject to Rs. 30 Lakh Balance Deposit, Recognises Offline Filing. *  Documentary Nature of Evidence: Allahabad High Court Grants Bail in Rs. 32.66 Crore Fake ITC Fraud Case *  Supreme Court Flags Systemic Bias in Army’s Permanent Commission Process for Women Officers *  Re-Determination of Land Compensation Can Be Based on Appellate Court Awards, Clarifies Scope of S. 28-A: Supreme Court. *  Supreme Court Imposes Rs. 5 Lakh Costs On Rent Authority Officer For Acting Beyond Jurisdiction. *  DGGI Meerut | Court Denies Bail to Accused in Claiming Fake ITC And Export Refunds *  Denial of GST Rate Revision Benefit to Contractor Violates Article 14: Rajasthan HC *  GST Registration Cancellation for Non-Filing of Returns: Gauhati High Court Directs Restoration on Compliance. *   Supreme Court Quashes FEMA Adjudication Orders, Revives Proceedings at  Show Cause Stage. *   Higher Rank, Harsher Punishment Justified: Supreme Court Restores Dismissal  of Bank Manager in Misappropriation Case. *   Limitation for Export Refund to Be Counted from Foreign Exchange Realisation,  Not From Export Invoices Issuance: CESTAT  

Comments

Print   |    |  Comment

PJ/CASE LAW/2016-17/3209

Whether assembly and packing of different parts of decorative lamp shades amounts to manufacture?

Case:-  COMMISSIONER OF C. EX., FARIDABAD-ll VERSUS KAPOOR LAMP SHAPE CO.
 
 
Citation:-2016 (337) E.L.T. 14 (P & H)


 
Brief Facts:-  The revenue has preferred the appeal before the Tribunal. The brief facts of the case are that assessee is engaged in procuring of various components of chandeliers lamp shades and light fittings of a particular design and packing the same in card boxes and putting logo, code no. on the same. The question is whether the process of packing and labeling amounts to manufacture.
The High Court has framed following questions of law:-
(1)  Whether the Hon’ble CESTAT is correct in setting aside the Order-in-appeal dated 18-1-2006 passed by the Commissioner (Appeals) by completely ignoring the statements of Shri Rishi Ram Supervisor/Manager of the firm as well as of other suppliers, wherein it had been submitted that items procured by the party were components and items made out of these components were finished goods (made with the help of skilled labours)?
 
(2)  Whether the Hon’ble CESTAT is correct in setting aside the Order-in-appeal dated 18-1-2006 by observing that there was no suppression of facts, without considering that the party had suppressed information from the Department, of the activities namely assembling, putting logos and packing in individual containers in their premises with intention to evade payment of Central Excise duty?
 
(3)  Whether the Hon’ble CESTAT is correct in setting aside the Order-in-appeal dated 18-1-2006 without considering finding of facts made in Para No. 6 of order of Commissioner (Appeals) that :-
(i)     the appellant never cleared any metal parts, glass or plastic tube, etc., and a new item with name, purpose, brand and logo, code name had emerged and the same was packed in a unit container for sale and were marketed. The identity of the original part was not visible in the market in the present case. Such activity amounts to manufacture under Section 2(f) of the Central Excise Act.
(ii)    the quantity & value of clearances made by the party during 1-1-1998 to 31-3-2000 were much higher than the value of lamps purchased by them from its manufacturing unit or acquired from other sources, for trading purpose which prove the clandestine removal of goods by the party from their shop?
 
(4)    Whether the Hon’ble CESTAT is correct in setting aside the Order-in-appeal dated 18-1-2006 without considering findings made in Para No. 5 of order of Commissioner (Appeals) that the party had purchased various individual parts from suppliers and made clearances of complete items of lamps/lights, etc.?
 
Appellant’s Contention:-The revenue raised the duty demand and penalty on the premise that the assembly of various components of lamp shades and chandeliers amounts to ‘manufacture of the lamps and light fittings’ covered by the Central Excise Act, 1944. The Tribunal has found, as a matter of fact, that M/s. Kapoor Lamp Shade Company (Manufacturing Unit) manufactures various components of lamp shades and chandeliers and supplies to various customers. M/s. Kapoor Lamp Shade Company (Factory Shop) is, on the other hand, engaged in fitting of various lamp shades and chandeliers procured from different sources which are re-assembled and thereafter sealed with its own logo and code number.
 
 
Respondent’s Contention:- None appeared for respondent.
 
Reasoning of Judgement:- The Tribunal has answered the question against the Revenue on the strength of the case law, laying down that assembling of different manufacturing items does not amount to a new manufacturing process and thus, M/s. Kapoor Lamp Shade Company (Factory Shop) does not manufacture any lamp shades or chandeliers. The Tribunal has held and rightly so that procuring the manufacturing items and packing them with its own brand name by the assessee, does not amount to creation of a new product which may invite the duty.
The question, “whether assembly of different parts of decorative lamp shades and chandeliers amounts to manufacturing?” indeed is no longer res integra and stands answered in favour of the assessee and against the revenue by the authoritative pronouncement of the Apex Court in 2001 (130) E.L.T. A259 (S.C.), which has been earlier followed by different High Courts and the Tribunal in the instant case.
 
The Tribunal has further held that the demand raised by the Revenue was otherwise also barred by limitation and that the appellant cannot take shelter behind proviso to Section 11A(1) of the Central Excise Act, 1944, for it was fully aware of the existence of the assessee’s unit and its activities.
 
In the light of the finding of the Tribunal, High Court do not find any question involved in this appeal requiring adjudication by this Court.
 
 
Decision:-Appeal dismissed.
 
Comment:-The essence of this case is that assembly of different parts of decorative lamp shades and chandeliers does not amount to manufacture as the same is not specified as ‘deemed manufacture’. Moreover, the issue is also settled and concluded in favour of the assessee by the Apex Court. Hence, the appeal filed by the revenue department was rejected.
 
Prepared by:- Akshit Bhandari
 

Department News


Query

 
PRADEEP JAIN, F.C.A.

Head Office : -

Address :
"SUGYAN", H - 29, SHASTRI NAGAR, JODHPUR (RAJ.) - 342003

Phone No. :
0291 - 2439496, 0291 - 3258496

Mobile No. :
09314722236

Fax No. :0291 - 2439496


Branch Office : -

Address:
1008, 10th FLOOR, SUKH SAGAR COMPLEX,
NEAR FORTUNE LANDMARK HOTEL, USMANPURA,
ASHRAM ROAD, AHMEDABAD-380013

Phone No. :
079-32999496, 27560043

Mobile No. :
093777659496, 09377649496

E-mail :pradeep@capradeepjain.com