2016 (3) TMI 70 - AAR - Central Excise

Manufacture or deemed manufacture - activities treated as Manufacture or deemed manufacture - whether activity of Quality Check Stickering will not amount to manufacture under Section 2(f) ibid? - Held that - It is observed that as per the clarification dated 02.03.2012 issued by CBEC, if brand name is not affixed or embossed on the jewellery but appears on the packing, such as jewellery box or pouch or warranty card or certificate of quality, such goods will not be treated as branded jewellery and thus will not be liable to excise duty. In the instant case, applicant has submitted that the tag is applied by them while placing the jewellery in the box to prevent return of counterfeit items. Application does not mention that applicant would affix or emboss brand name on the jewellery. Tagging in this case is not embossing or affixing. Therefore, the activity of tagging of jewellery would not amount to manufacture under Section 2(f) ibid. Following activities undertaken by the applicant would not amount to manufacture or deemed manufacture under Section 2(f) of the Central Excise Act, 1944, namely; Inspection and testing, Cleaning and lint brushing, Jewellery correction, Activities relating to spectacles and frames (placing in case, tightening screws on eyewear), Folding and hanging, Tagging, Inserting freebies, Placing the product in original box / pack, Inserting warranty cards, Inserting moisture absorbing tablets, Inserting bookmark, Debundling, Sorting, Wrapping, Sensitive material covering, Bagging, Bundling, set creation and rubber banding, Stickering, Boxing, Stuffing and adding dunnage to glassware, Taping, Consignee detailing and Cardboard foot printing.

Summary

Issues Involved:
1. Whether the proposed activities by the applicant can be regarded as 'manufacture' or 'deemed manufacture' under Section 2(f) of the Central Excise Act, 1944.

Issue-wise Detailed Analysis:

1. Inspection and Testing:
The applicant's activity of inspection and testing does not alter the primary packing or original labeling affixed by the manufacturer. The Revenue agrees that this activity does not amount to manufacture under Section 2(f) of the Central Excise Act, 1944.

2. Cleaning and Lint Brushing:
The process of cleaning and lint brushing is aimed at maintaining the product's condition and does not change its essential character. Therefore, it is not considered manufacture.

3. Jewellery Correction:
Jewellery correction involves minor adjustments and does not transform the product into a new item. Hence, it is not deemed manufacture.

4. Activities Relating to Spectacles and Frames:
Activities such as placing spectacles/sunglasses frames inside cases and tightening screws on eyewear do not create a new commercial product. The Calcutta High Court judgment in Bholanath Sreemony Vs Additional Commissioner of Commercial Taxes supports that assembly of parts does not amount to manufacture. Thus, these activities are not considered manufacture.

5. Folding and Hanging:
Folding and hanging are preparatory steps for storage and display, which do not change the nature of the product. Therefore, they do not constitute manufacture.

6. Tagging:
Tagging involves reapplying tags that have come off or flipping tags for visibility. The Revenue initially questioned if tagging branded jewellery could be manufacture. However, based on CBEC's clarification, if the brand name is not embossed on the jewellery but only appears on the packaging, it is not considered branded jewellery and thus not liable to excise duty. Therefore, tagging does not amount to manufacture.

7. Inserting Freebies:
Inserting freebies is an additional marketing activity and does not alter the primary product. Hence, it is not considered manufacture.

8. Placing the Product in Original Box/Pack:
This activity involves placing the product in its original packaging without altering its nature, which does not amount to manufacture.

9. Inserting Warranty Cards:
Inserting warranty cards is an administrative task that does not change the product itself. Therefore, it is not manufacture.

10. Inserting Moisture Absorbing Tablets:
This activity is intended to preserve the product and does not transform it into a new product. Hence, it is not manufacture.

11. Inserting Bookmark:
Inserting a bookmark is an additional feature for customer convenience and does not change the product's nature. Therefore, it is not manufacture.

12. Debundling:
Debundling involves separating products from a combined package, which does not alter the individual products. Hence, it is not manufacture.

13. Sorting:
Sorting is a classification process and does not change the nature of the goods. Therefore, it is not considered manufacture.

14. Wrapping:
Wrapping is a packaging activity aimed at protecting the product, which does not amount to manufacture.

15. Sensitive Material Covering:
Covering sensitive materials is a protective measure and does not change the product's essential character. Therefore, it is not manufacture.

16. Bagging:
Bagging involves placing products in bags for storage or transport, which does not alter the product itself. Hence, it is not manufacture.

17. Bundling, Set Creation, and Rubber Banding:
These activities involve grouping items together for sale or storage, which does not change the products' nature. Therefore, they are not manufacture.

18. Stickering:
- ASIN Stickering: Affixing a barcode for internal tracking does not alter the product and is not manufacture.
- Blank Stickering: Affixing a blank sticker to avoid confusion among multiple barcodes does not change the product and is not manufacture.
- Quality Check Stickering: Affixing a sticker for quality control purposes does not alter the product and is not manufacture.

19. Boxing:
Placing products in boxes for shipment or storage does not alter their nature. Hence, it is not manufacture.

20. Stuffing and Adding Dunnage to Glassware:
These activities are aimed at protecting the product during transport and do not change its nature. Therefore, they are not manufacture.

21. Taping:
Taping is a packaging activity that does not alter the product itself. Hence, it is not manufacture.

22. Consignee Detailing:
Adding consignee details is an administrative task that does not change the product's nature. Therefore, it is not manufacture.

23. Cardboard Foot Printing:
Printing on cardboard for identification or tracking does not alter the product and is not manufacture.

Conclusion:
The proposed activities by the applicant, including inspection and testing, cleaning and lint brushing, jewellery correction, activities relating to spectacles and frames, folding and hanging, tagging, inserting freebies, placing the product in the original box/pack, inserting warranty cards, inserting moisture absorbing tablets, inserting bookmark, debundling, sorting, wrapping, sensitive material covering, bagging, bundling, set creation and rubber banding, stickering, boxing, stuffing and adding dunnage to glassware, taping, consignee detailing, and cardboard foot printing, do not amount to manufacture or deemed manufacture under Section 2(f) of the Central Excise Act, 1944.