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Geometry Box - Whether manufacture?

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..... sec 2(f) of central Excise Act,1944 defines manufacture as under:- "manufacture" includes any process, i. incidental or ancillary to the completion of a manufactured product; (See Note 1) ii. which is specified in relation to any goods in the Section or Chapter notes of the First Schedule to the Central Excise Tariff Act, 1985 (5 of 1986) as amounting to manufacture; or i .....

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..... ii. which, in relation to the goods specified in Third Schedule involves packing or re-packing of such goods in a unit container or labeling or re-labeling 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, and the word "manufacturer" shall be construed accordingly an .....

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..... d shall include not only a person who employs hired labour in the production or manufacture of excisable goods, but also any person who engages in their production or manufacture on his own account; 7310 or 7326 or any other Chapter - Mathematical boxes, geometry boxes and colour boxes, pencil sharpeners The geometry box, in our case, is merely assembled using bought out duty-paid good .....

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..... s such as 'pencil', 'compass' etc. Section 2(f)(iii) , which levies duty on the above process is restricted to goods laid out in 'Schedule III' of the Central excise tariff Act, 1985 . Third Schedule to the Central excise tariff Act, 1985 does not contain 7310 or 7326 or any other Chapter . Invite your views on the matter. - Reply By Jayant Kuvelkar - The Reply = New product 'geome .....

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..... try box' has emerged out of assembly of pencil,compass etc. which is clearly 'manufacture' under excise. - Reply By Dhirendra Srivastava - The Reply = In my view, since Geometry box contains, Compass, Scales of various dimentions, Pencil, Sharpmer etc, therefore all these components are available in market in isolation and they are sold independently aslo .So in my view it will not amount to man .....

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..... ufacture. Looking for other views - Reply By Naveed S - The Reply = As there are no activities such as drawing/redrawing, packing/repacking and only Assembling of goods is being done here, ( that too of bought out duty paid goods), hence no manufacturing activity is undertaken herein. - Reply By sathyanarayanan kasinathan - The Reply = Appreciate all replies. Looking forward ot reading .....

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..... more opinions. Thank You - Geometry Box - Whether manufacture? - Query Started By: - sathyanarayanan kasinathan Dated:- 31-1-2012 Central Excise - Got 4 Replies - Central Excise - Discussion Forum - Knowledge Sharing, reply post by an expert, personal opinion Tax Management India - taxmanagementindia - taxmanagement - taxmanagementindia.com - TMI - TaxTMI - TMITax .....

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