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        Customs, DGFT & SEZ

        Deemed Manufacture – Mere activity of lebelling or re-lebelling is not amounting to manufacture

        August 1, 2007

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        In Central Excise Tariff (Sections Notes and Chapter Notes), there are more that 50 entries to declare certain process as amounting to manufacture (even though these processes are not termed as manufacture in real terms)

        For certain items, the process of labeling / re-lebelling activity is deemed manufactured if such activity is performed with the activity of packing / re-packing of goods.

        In case a manufacture is not doing any activity regarding packing or repacking of goods, the mere process of lebelling or relebelling can not be held as deemed  manufacture for the purpose of excise duty. [See: COMMISSIONER OF C. EX., CHENNAI Versus INDIAN ADDITIVES LTD. - 2007 -TMI - 1394 - CESTAT, CHENNAI (excise section)]

        Also see: -

        Chapter Notes: - Central Excise

        Section Notes: - Central Excise

        List of processes amounting to manufacture - Central Excise (Chapter 5 of Central Excise Manual - an ebook)

        Deemed manufacture: mere labeling or relabeling does not constitute manufacture unless combined with packing or repacking. Mere labelling or relabelling of finished goods does not constitute manufacture for excise purposes when undertaken alone; such activity may be deemed manufacture only when performed together with packing or repacking, as reflected in Central Excise chapter and section notes and administrative practice.
                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.

                                Deemed manufacture: mere labeling or relabeling does not constitute manufacture unless combined with packing or repacking.

                                Mere labelling or relabelling of finished goods does not constitute manufacture for excise purposes when undertaken alone; such activity may be deemed manufacture only when performed together with packing or repacking, as reflected in Central Excise chapter and section notes and administrative practice.





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                                ActsIncome Tax
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