Sorabh Gupta (Manager ( Taxation )) (877 Points)
14 April 2009As defintion of Goods has been changed . if any one have idead then please give me a brief detail.
As now gooods are excisable even if goods are not marketable ORDINARILY...........
Means goods should be marketable now it doesn't require ODINARILY i.e. waste are also excisable ....... IS it so ????????????? If we sale the scraps then what are the law regarding it......................
Rajesh Kumar
(Advocate- Tax)
(7806 Points)
Replied 17 April 2009
Yes. Earlier it was required that goods must be ordinarily marketble. Now it is not required. Anything sold is marketable.
Hence waste/rubbish/scrap- anything sold is marketable.
However, excise duty is not attracted on mere marketability. Goods must have been manufactured and mentioned in CETA. To be waste/scrap to be dutiable, it must have been generated through a process which amounts to manufacture and it must be specifically mentioned in Tariff.
Anoop Garg
(FCA)
(120 Points)
Replied 01 May 2009
What about movability issue, can items which are non movable be termed Goods,I think there is no defination of goods in Central Excise on which we can rely .few items are available in CKD condition so are movable but when these are mounted and embeded to earth it becomes non movable.
I also want to know about large milk silos which are non mavable.
Rajesh Kumar
(Advocate- Tax)
(7806 Points)
Replied 01 May 2009
The issue is settled vide SC judgment in case of Triveni Engineering [120 ELT 273]. The judgment has been accepted by board vide circular dated 15.01.2002. The ratio is that if the plant is so embedded in the earth that it cannot bove without dismantling, it is an immovable property and no duty is leviable. If the machinery is superficially attached to earth for operational efficiency, so that it can be moved without dismantling, it is movable property. Turnkey projects are not dutiable, however individual components are movable and dutiable.
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