K. Venkataswami, J. - (1.) This appeal is preferred against the order of the Customs, Excise and Gold(Control) Appellate Tribunal, New Delhi (hereinafter referred to as 'the CEGAT') dated 27-7-1987.
(2.) The short point that arises for our consideration in this appeal is whether the appellant was right in treating the respondents as manufacturers of agarbatti, amlapodi, and dhup etc. even though they were manufactured in various premises of the household ladies outside the factory of the respondents.
(3.) Briefly the facts are as follows: During the year 1980-81 the respondents were manufacturers of goods falling under erstwhile Tariff Item 14F of the Central Excise Tariff under a Central Excise Licence obtained for the purpose. The total clearances of such goods during the said year amounted to Rs. 14,88,268.00. In addition they were also manufacturing goods falling under Tariff Item 68 in their own factory and were availing of the exemption from duty and licensing control under Notification No. 105/80-CE dated 19-6-80. The value of such goods during the relevant year manufactured amounted to Rs. 3,21,605.00. Apart from the above two items, respondents were getting agarbatti, amlapodi, and dhup etc. falling under Tariff Item 68 manufactured on their behalf without the aid of power in the premises, other than their factory premises. The total of such goods manufactured from outside during the relevant year amounted to Rs. 26,754.00.;