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Excisable Goods means goods specified in
the schedule to the Central Tariff Act, 1985 as
being subject to a duty of excise. The basic
conditions to be satisfied by any goods to be
called excisable goods are:-
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The
goods must be movable.
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The
goods must be marketable ie saleable in the
market as such goods. Actual sale of goods in
the market is not necessary because excise duty
is chargeable on manufacture and not on
sales.
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The
goods must be specified in the Central Excise
Tariff Act
Factory
means any premises including the precincts
thereof, wherein excisable goods other than salt
are manufactured or wherein any manufacturing
process connected with the production of these
goods is being carried on or is ordinarily
carried on.
Manufacture includes any
process:-
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Incidental or ancillary to the completion
of a manufactured product; and
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Which
is specified in relation to any goods in the
section or Chapter note of the Schedule to the
Central Excise Tariff Act, 1985 as amounting to
manufacture and the word "manufacturer" shall be
construed accordingly and shall include not only
a person who employs hired labor in the
production of manufacture of excisable goods but
also any person who engages in their production
and manufacture on his own account such as on
contract basis or job work
basis.
Once
manufacture of goods is complete, excise duty is
payable, whether the goods are sold or
self-consumed. Excise duty does not depend on
the end use of the goods.
Sometimes, a particular process may not
actually amount to manufacture but if it has
been specified that it amounts to manufacture in
the Schedule to the CETA, it will be deemed to
be manufacture and all the provisions applicable
to manufacture will apply to such process. Like
repackaging of goods from bulk packing to small
packing units does not normally amount to
manufacture. However under note 3 - chapter 21,
repackaging from bulk packing to retail pack of
pan masala will amount to manufacture on which
excise duty has to be paid
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