central excise
This query is : Resolved
tamil selvam
(Querist)
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?
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?
24 February 2010
yes. As it is given that it is deemed manufacture.
Alteration of MRP or repacking of material is deemed as manufacture.
Alteration of MRP or repacking of material is deemed as manufacture.
tamil selvam
(Querist)
25 February 2010
thank u ,
my actual doubt is, whether it is third schedule to CEA or third schedule to CETA
my actual doubt is, whether it is third schedule to CEA or third schedule to CETA
tamil selvam
(Querist)
25 February 2010
thank u ,
my actual doubt is, whether it is third schedule to CEA or third schedule to CETA
my actual doubt is, whether it is third schedule to CEA or third schedule to CETA
vardan sharma
(Expert)
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
Rule 1 VS datey is never wrong
Rule 2 if VS datey is wrong
SEE rule 1
CMA Arif Farooqui
(Expert)
02 March 2010
it is third schedule to CEA
CA Sourabh Agarwal
(Expert)
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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