What is this jinxed amendment?
25.01.2008 explained the complications of the Third Schedule to the Central Excise Act.
In DDT 1360 - 17.05.2010, we suggested that ‘third schedule requires rescheduling' and mentioned, “ Notification No. 9/2010-CE (NT) dated February 27, 2010 amended Notification No. 49/2008-CE (NT) dated December 24, 2008 by substituting the contents of S. No. 108. However, S. No. 100 of the Third Schedule still retains the old description as it existed prior to issuing Notification No. 9/2010-CE (NT).
With the result if the processes specified in Section 2(f)(iii) of the Act are carried out on all those goods which were brought into the fold of MRP based assessment with effect from February 27, 2010 by virtue of amended S. No. 108 of Notification No. 49/2008-CE (NT), they will not amount to manufacture because these goods are not covered in S. No. 100 of the Third Schedule.”
They tried to make this amendment in 2011 and failed miserably.