Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

DEEMED MANUFACTURE

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... DEEMED MANUFACTURE
Query (Issue) Started By: - HIREN SHAH Dated:- 18-2-2013 Last Reply Date:- 23-2-2013 Central Excise
Got 3 Replies
Central Excise
If we are importing video conferencing cameras and equipment from China and than put our Brand Name on it and then sale whether it amounts to manufacture under excise laws in India. If yes, what will be excise duty applicable on it. Or O .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... therwise, If we purchase from Importer (an Indian importer) video conferencing cameras and equipment and than put our Brand Name on it and then sale whether it amounts to manufacture under excise laws in India. If yes, what will be excise duty applicable on it. Reply By Sanjay Bhalerao: The Reply: Section 2(f) (iii) provides for a deeming fiction that in relation to goods specified in Third Sch .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... edule, [MRP goods] the activities of packing or repacking in a Unit container or labeling or rebelling of containers including the declaration or alteration of retail sale price on it or adoption of any other treatment on the goods to render the product marketable to the consumer, shall amount to "manufacture". Whether goods have been imported directly or through agent / independent person does n .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ot matter. Hence, Excise duty is applicable on MRP Less abatement. Reply By vijay kumar: The Reply: If the goods procured by you conform to "Photographic (other than cinematographic) cameras" and fall under chapter heading 9006 of the Central excise tariff act, 1985, then the process adopted by you amounts to manufacture in terms of sl.no.96 of the Third Schedule to Central Excise Act, 1944. .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... The rate of duty applicable is 12.36%. The value will be MRP based if the goods are covered under Nofn.49/2008-CE(NT). I find that these goods are covered at sl.no.102 of the said nofn. where the abatement provided is 30%. So you have to pay duty at the said rate on 70% of the MRP printed on the goods. Reply By Pradeep Khatri: The Reply: I am in agreement with the replies submited by the both ex .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... perts.
Discussion Forum - Knowledge Sharing .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates