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TMI Blog2017 (8) TMI 154X X X X Extracts X X X X X X X X Extracts X X X X ..... ure within. Hence they retain the characteristic of manufactured goods and satisfy the requirements of Section 2(f) - The explanation inserted after excisable goods in Section 2(d) makes the statute clear that such goods are deemed to be marketable - excise duty is liable to be paid at the time of their clearance on the transaction value - appeal dismissed - decided against appellant. - Ex/53036, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent was of the view that Central Excise duty is required to be paid on the consideration received at the time of sale of such used moulds. Accordingly, duty demands have been made, which stand confirmed by the authorities below. Aggrieved by the impugned orders, the present appeals have been filed. 3. With the above background, we have heard Shri R.K. Verma, ld. Counsel for the appellant as wel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Central Excise Act, 1944. The explanation reads as follow:- Section2 Definitions.: (d) excisable goods means goods specified in [ the First Schedule and the Second Schedule] to the Central Excise Tariff Act, q985 (5 of 1986)] as being subject to a duty of excise and includes salt [Explanation, -For the purposes of this clause, goods includes any article, material or sub ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... red are nothing but waste and hence not excisable. We find that these moulds were manufactured within the factory of the appellant and used for further manufacture within. Hence they retain the characteristic of manufactured goods and satisfy the requirements of Section 2(f). Even though at the point of clearance such moulds are worn out, they do not loose the characteristic of manufactured goods. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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