Excise duty is payable only if the goods are manufactured or produced in India. Where the goods are imported and sold as it is (i.e. without carrying out any activity thereon) there is no question of levying C. Excise duty.
Further, mere repacking or branding of spectacles or goggles does not amount to manufacture. In fact mere repacking or branding of any item does not amount to manufacture unless there is a deeming provision by way of a chapter note or by way of inclusion in schedule III of the C. Excise Act. In case of spactacles and goggles there are no such deeming provisions.
[b]Therefore, the questions are answered as below: [/b] Q: What is the excsie duty payable on spectacles & goggles imported sold as it is. A: No excise duty is payable when the imported goods are sold as such.
Q: And if sold with repacking and brand name what will be the position. A: No duty is payable, since repacking or branding or spectacles/ goggles does not amount to manufacture.
In case of SSI Can the export turnover be included in calculating the the limit of 100 lacs :-/??? because it is the sale that is exempted and not the product Please clarify??
In case of imported spectacles ( presuming that it is not branded ) with branding acivity new product comes into existance.e.g in a crockery shop u may have a brnaded glass. and sticker of brand has inadvertantly tear off ,can a customer will accept that ??? so putting a brand new marketable product comes into existance . so it can be treated as manufactur.
1.If a SSI unit produces goods in the brand name of other SSI unit weather excise is payable by him.
2.If SSI manufacturer produces goods in the brand name of a person who is not a manufacturer but a trader (who does repacking,branding,and issue price list)
3.Does that trader will be treated as manufacturer and will he need reg. under excise
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