Date: |
23-01-1995
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Notification No: |
Central Excise Circular No 94/1995
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Issuing Authority: |
Central Excise
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Type: |
Circular
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File No: |
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Subject: |
Clarification regarding manufacture of cast iron powder out of cast iron granules s (72.05)/ cast iron & borings (72.04) - Whether the process involved amounts to manufacture
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Clarification regarding manufacture of cast iron powder out of cast iron
granules s (72.05)/ cast iron & borings (72.04) - Whether the process
involved amounts to manufacture
Circular
No. 94 dated 23rd January 1995
Certain
doubts have been expressed as to whether manufacture of cast iron powder out of
cast iron granules (72.05)/ cast iron turnings & borings (72.04) amounts to
manufacture for the purpose of Section 2 (f) of the Central Excise & Salt
Act, 1944. At some places, a view has been taken that manufacturing cast iron
powder out of cast iron granules (72.05) would not amount to manufacture, as
both of them are classifiable under heading 72.05 of the Schedule to the Central
Excise Tariff Act, 1985.
2.
For the purpose of manufacturing cast iron powder, borings and turnings
(7204.10) or cast iron granules (72.05) are received as inputs. Impurities are
removed from the inputs by passing it through an electrically operated magnetic
separator. Since some particles, oxides etc. are fused with the metals, these
are subjected to the process of pulverisation and finally passed through sieves
of various sizes to separate powder as per their sizes. The resultant product is
cast iron powder and is reportedly used for chemical reaction in order to
generate hydrogen gas and required for reduction purposes.
3.
The matter has been examined by the Board. Attention is drawn to Section
Note 6 (a) and (b) of Section XV, which contain the definition of wastes and
scrap and powders. Further, Chapter Note i (h) of chapter 72 defines granules.
Although granules and powders of pig iron, spiegeleisem, iron or steel are
classifiable under heading 72.05 yet granules, powders and waste and scrap have
their own specific definitions and are known distinctly in end use and
character. The Board is, therefore, of the view that conversion of cast iron
granules/ cast iron turnings and borings into cast iron powder amounts to
manufacture for the purpose of Section 2 (f) of Central Excises & Salt Act,
1944 and that cast iron powder so manufactured is dutiable again.
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