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

Not available · 2025 INSC 1374Decided 2 Dec 2025
Not available
Justice Pamidighantam Sri Narasimha · Justice Atul S. Chandurkar

Background

Acting on intelligence, excise authorities searched two units, Bhagyalaxmi Processor Industry (Unit 1) and Famous Textile Packers (Unit 2), situated in the same compound, which were processing cotton fabrics using power-driven machinery without following the procedures required under the Central Excise Act, 1944. The Commissioner issued a show cause notice and later confirmed a demand of excise duty, interest and penalty against the units. The CESTAT (tribunal) set aside this order, reasoning that each unit performed a distinct process and that the demand against Unit 2 had not been separately confirmed, so the two could not be clubbed together.

Decision Breakdown

The Supreme Court disagreed with the CESTAT's approach of treating the two units' processes in isolation. It held that the entire manufacturing process (from grey fabric received by Unit 1, through processing at Unit 2, to the finished product cleared by Unit 1) had to be viewed as one continuous, integrated activity for determining excise liability. Since the final product was cleared by Unit 1 after this cumulative process, the Commissioner's original order fixing liability on Unit 1 was correct, and the CESTAT erred in artificially splitting the manufacturing process. The Court quashed the CESTAT's order, restored the Commissioner's original order, and allowed the excise department's appeal.

Lesson Learnt

For excise/tax liability, courts look at the substance of an integrated manufacturing process as a whole rather than mechanically splitting it between cooperating units merely because different machines or premises are involved: liability follows the entity that clears the finished product from a jointly-conducted process.

Official source (sci.gov.in)View Judgment (PDF)

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