Pradeep Jain - Chartered Accountant

Query

(Ramesh) Posted On: 17 Jun, 2013

Sir, we are manufacture of Material Handling Equipment, we will design as per client requirement. Some of the parts of machinery we will manufacture in our factory and remaining we will directly outsource/buy as per our desing specification. All the parts we will bring to our factory, put the markings/labeling and despatch from our factory to client site. We will assemble all the parts at site and run the equipment. We have doubt we are bying directly from supplier with our specification/design and with their materia, whether it is acceptable or not as per law. Ram

Your query is not clear thus we assume that you are asking about the levy of excise duty on goods directly purchased from buyer, assembled and then removed to the client site. The Section 2(f) of the Act defines the term "manufacture" in an inclusive manner so as to include any process: (i) Incidental or ancillary to the completion of a manufactured product; and (ii) Which is specified in relation to any goods in the Section or Chapter notes of the Schedule to the Central Excise Tariff Act, 1985 as amounting to manufacture; and (iii) Which in relation to goods specified in the Third Schedule to the Central Excise Tariff Act, 1985, involves packing or repacking of such goods in a unit, container or labelling or re-labelling of containers or declaration or alteration of retail sale price or any other treatment to render the product marketable to consumer. (The clauses (ii) and (iii) above are termed as ‘deemed manufacture’.) The aforesaid definition gives a wider content to the expression "manufacture" as several processes which would not ordinarily be understood as amounting to manufacture are specifically included therein. However, the most commonly used test for ascertaining "manufacture" for the purpose of attracting Central Excise duty has taken place was evolved by the Supreme Court in the case of Delhi Cloth and General Mills 1977 (1) ELT (J 199). In terms of this decision, the activity or process in order to amount to "manufacture" must lead to emergence of a new commercial product, different from the one with which the process started. In other words, it must be an article with different name, character or use. Thus, a process which simply changes the form or size of the same article or substance would not ordinarily amount to manufacture and no excise duty would be payable unless it is deemed to be manufacture as follows: 1. In a particular case by a section or Chapter note of the Tariff; or 2. In relation to goods, which are specified under MRP based assessment under section 4A, packing or repacking of such goods, labelling or re-labelling of containers including declaration or alteration of retail sales price shall amount to manufacture. Thus Excise duty is leviable if the manufacturing process is carried out. It is to be checked at your end whether the process undertaken by you amounts to manufacture or not?

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