Processes amounting to manufacture or production of goods are covered in Negative List

(except alcoholic liquor for human consumption)


On manufacture or deemed manufacture, Excise duty is charged .

Hence, no service tax levied on these as this will amount to double taxation

If as per Central Excise certain process amount to manufacture, Excise will be applicable on it

However if central excise duty is wrongly paid on a certain process which does not amount to manufacture then Service tax will be applicable on it

However, Alcoholic liquor for human consumption has been removed from Negative list ,hence service tax can be charged on it 



Question 2
State whether following activities undertaken by M & M Manufacturers of Chandigarh would be
liable to service tax:
(i) Manufacture of herbal cosmetics liable to excise duty under the Central Excise Act, 1944.

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(ii) Manufacture of alcoholic drinks liable to excise duty under the Punjab Excise Act, 1914.

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(iii) Processing of raw materials. The process is not leviable to excise duty under any Central or State Acts.

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(iv) Manufacture of medicines liable to excise duty under the Medicinal and Toilet Preparations (Excise Duties) Act, 1955.

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CA Maninder Singh

CA Maninder Singh is a Chartered Accountant for the past 14 years. He also provides Accounts Tax GST Training in Delhi, Kerala and online.