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Whether the cutting of HR/CR coils of iron or non-alloy steel into sheets or slitting into strips of lesser width; of slitting of sheets into strips will amount to manufacture if the resultant product is classifiable under different sub-heading of the Central Excise Tariff.
Board's Circular No. 584/21/2001-CX., dated 7-9-2001
This circular is based on first view according to which process will amount to manufacture if the resultant product is classifiable under different sub-heading of the Central Excise Tariff.
Board's Circular No.811/8/2005-CX.,dated 2-3-2005
On the same issue this circular was issued to clarify the matter. As per the circular, the impugned process will not amount to manufacture. Accordingly, Circular No. 584/21/2001-CX., dated 7-9-2001 is withdrawn herewith.
Circular No. 584/21/2001-CX., dated 7-9-2001 was quashed by the Hon'ble High Court of Delhi vide its order dated 21-11-2003, holding that these processes would not amount to manufacture. Department's appeal filed against Delhi High Court Order has been dismissed by Hon'ble Supreme Court. In the light of the judgment of the Apex Court the Circular No. 584/21/2001-CX., dated 7-9-2001 is withdrawn by the later Circular dated 2nd March, 2005 which accepts the judgment of the Delhi High Court. Thus, the position is now made clear that cutting and slitting of steel sheets and polyester films used for lamination purposes do not amount to manufacture according to Board which is binding on the Department.
Now, it appears that this issue is finally settled by the honorable Supreme Court.
(For full text of judgment - visit 2008 -TMI - 31169 - SUPREME COURT)
Manufacture classification: cutting and slitting of steel and polyester films does not constitute manufacture under excise law. The Board and the courts have clarified that simple cutting, slitting or converting of HR/CR coils, steel sheets or polyester films into narrower strips or laminated sheets does not amount to manufacture for central excise purposes; an earlier Board circular adopting the opposite view was quashed and later withdrawn, and the subsequent circular aligns with judicial decisions, making the non-manufacture position binding on the Department. of Press 'Enter' after typing page number.
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