central excise

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tamil selvam (Querist)
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24 February 2010 IN indirect taxes v s datey

Deemed manufacture is classified into 2 types. In the 2nd type in has been mentioned as follows

“in respect of goods specified in third schedule to central excise act repacking, relabelling, putting or altering retail sale price etc. will be manufacture. The goods included in the third schedule of central excise act are same as those on which excise duty is payable u/s 4A on basis of MRP printed on the package”

My doubt is, third schedule to CETA covers the goods to be valued under MRP provisions. But in the above definition it is specified as third schedule to central excise act. Is it correct?

CA SIDHARTH HIRALAL PATNI

CA SIDHARTH HIRALAL PATNI (Expert)
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24 February 2010 yes. As it is given that it is deemed manufacture.

Alteration of MRP or repacking of material is deemed as manufacture.

tamil selvam

tamil selvam (Querist)
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25 February 2010 thank u ,
my actual doubt is, whether it is third schedule to CEA or third schedule to CETA

tamil selvam

tamil selvam (Querist)
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25 February 2010 thank u ,
my actual doubt is, whether it is third schedule to CEA or third schedule to CETA

vardan sharma

vardan sharma (Expert)
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26 February 2010 It is third schedule to Central excise act and not CETA
Rule 1 VS datey is never wrong
Rule 2 if VS datey is wrong
SEE rule 1

CMA Arif Farooqui

CMA Arif Farooqui (Expert)
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02 March 2010 it is third schedule to CEA

CA Sourabh Agarwal

CA Sourabh Agarwal (Expert)
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17 November 2012 When one looks to third schedule of both Acts, he/she will find that both are same in all respects, word to word. And well said vardan sharma about both rules of VS Datey.

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