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Fact of Manufacture.
Entry availability in CE Tariff.
Marketability.
Manufacture in central excise
Two concepts
Actual substantive manufacture & Deemed
manufacture
Actual substantive manufacture – does it
include mere processing?
Deemed manufacture
What is deemed manufacture?
Process or activity specified in section or
chapter notes – for example:
Labeling or re labeling of containers
Repacking from bulk packs to retail packs
Adoption of any other treatment to render
the product marketable to the consumer
Continued….
Addition of chemicals and other ingredients to
certain products of tariff heading 3808
In relation to products of heading no 3920 &
3921 – process of metallization or lamination or
lacquering
In relation to some products of heading 7013 –
the process of printing , decorating or
ornamenting
Continued….
In relation to flat-rolled iron & steel
products under chapter 72 – the process
of hardening or tempering
In relation to articles of iron and steel
under chapter 73 – the process of
galvanization
Continued….
In relation to motor vehicles under chapter
no 87 – building a body or fabrication or
mounting or fitting of structures or
equipment on the chassis falling under
8706
3) Select Decided cases in
Manufacture
AffixingInformation stickers on goods
imported does not amount to Manufacture.
-CCE Vs Proctor & Gamble Home Products
2004 [167] ELT 173 – [TRI – D].
Erection of imported Power Plant does not
amount to manufacture.
-Spectrum Power Generating Co. Ltd VCCE
– 2004(177)ELT 968 [Tri-D].
Conversion of old, diesel operated Buses
into CNG Buses does not amount to
Manufacture.
…contd
…
contd
Royalty.
Amortised Cost of tools/ dies/ moulds
received from buyers.
Interest on inventory.
Value of waste retained by Jobworker.
Packing.
Cost of material supplied by Customer.
7) Valuation When goods are
assembled at site
Isit a Composite/ turnkey/ works
contract?
Excise duty is not leviable on
immovable property but on Parts /
Components/ goods already
manufactured.
Case Studies – Lifts/ Boiler Plants/
Industrial Furnaces.
8) Valuation in Jobwork
When does Jobwork amount to Manufacture?.
Labor/ Jobwork charges + Raw material costs
are includible in assessable value.
Ujjagar Prints etc Vs U.O.I.
Empire Industries Vs U.O.I.
Pawan Biscuits Co. Vs CCE.
Is buyer’s profit margin includible in Assessable
Value in the hands of Jobworker?.
Food Specialities Ltd Vs U.O.I.
Continued…….
The impact of new valuation rule 10A
The Central Board of Excise & Customs
circular no 902/22/2009 dated 20-10-09 in
the case of vehicle body builders
Job work exemption under notification no
214/86
9) MRP based Valuation
Section 4A/ weights & Measurements Act.
MRP minus prescribed abatement is the
assessable value.
Region – wise MRP accepted
If different MRPs are printed, the maximum
MRP will be taken as the basis.
Sale of phones with MRP fixed, to customer,
by phone companies U/S 4A only.
Multi – Piece Packages.
10) Refunds & Rebates
Section 11B/ Rule 18/ cenvat Rule 5/ Section
11BB.
One year time limit / Provision for Interest.
Theory of unjust enrichment.
Refund claim thro’ credit notes – what
happens?
Mafatlal Industries Vs U.O.I.
L&T Sargent Lundy Ltd Vs CCE
11)SSI Exemption
Notification no: 8/ 2003 as amended.
Basic ceiling Rs.1.5 Cr.
Outer ceiling Rs. 4 Cr.
Only listed goods benefit.
Use of Trademark/ symbol/ brand of
another person disentitles.
…contd