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Section 4 and 4A of Central Excise Act, 1944

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     on  15 December 2011    

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INTRODUCTION

 

Ok so, I would just like to thank CCI for approving my previous article on similar lines. I really think, being students, we can contribute to this site maximum, as we know what are the actual problems faced during our study tenure. May it be, related to articleship, studies, particular subject or particular topic.

 

Generally, there are many topics in our subjects, which are so similar that we actually get confused of following them. Even in a subject like CORPORATE & ALLIED LAWS, we do get so much confused in practical application of some laws, rules, and regulations. Because each may contradict other and vice-versa or over-ride each other. Even in INDIRECT TAX, we have so many concepts which disturb us due to their confusing language or the way they are formed.

 

Moreover, I also feel that sometimes, these sections help each other in understanding. The limitations of one section are being fulfilled by other and vice-versa.

 

Today, I’m going to discuss such two sections of Central Excise Act, 1944. They both talk about valuation of goods, with detailed explanation. Each section has got its own method and rules.        

 

These are Section 4, which determines goods value for the purpose of charging of excise duty. While another is Section 4A, which values goods on the retail sales price basis. I will not go much in detail, but will try to cover all the points for clarification of both sections.

 

Let us go in detail for each of them :

 

Section 4 : Valuation of excisable goods for purposes of charging of duty of excise

 

(1) Where under this Act, the duty of excise is chargeable on any excisable goods with reference to their value, then, on each removal of the goods, such value shall

 

(a) in a case where the goods are sold by the assessee, for delivery at the time and place of the removal, the assessee and the buyer of the goods are not related and the price is the sole consideration for the sale, be the transaction value;

 

(b) in any other case, including the case where the goods are not sold, be the value determined in such manner as may be prescribed.

 

[Note Here - For the removal of doubts, it is clarified that the price-cum-duty of the excisable goods sold by the assessee shall be the price actually paid to him for the goods sold and the money value of the additional consideration, if any, flowing directly or indirectly from the buyer to the assessee in connection with the sale of such goods, and such price-cum-duty, excluding sales tax and other taxes, if any, actually paid, shall be deemed to include the duty payable on such goods.]

 

(2) The provisions of this section shall not apply in respect of any excisable goods for which a tariff value has been fixed under sub-section (2) of section 3.

 

(3) For the purpose of this section -

 

(a) “assessee” means the person who is liable to pay the duty of excise under this Act and includes his agent;

 

(b)  persons shall be deemed to be “related” if -

 

(i) they are inter-connected undertakings (ICU)

(ii) they are relatives;

(iii) amongst them the buyer is a relative and a distributor of the assessee, or a sub-distributor of such distributor; or

(iv) they are so associated that they have interest, directly or indirectly, in the business   of each other.

 

[Note Here. — In this clause -

 

(i) ”inter-connected undertakings” shall have the meaning assigned to it in clause (g) of section 2 of the Monopolies and Restrictive Trade Practices Act, 1969 (54 of 1969); and

 

(ii) “relative” shall have the meaning assigned to it in clause (41) of section 2 of the Companies Act, 1956 (1 of 1956)]

 

(c) “place of removal” means –

 

(i) a factory or any other place or premises of production or manufacture of the excisable goods;

 

(ii) a warehouse or any other place or premises wherein the excisable goods have been permitted to be deposited without payment of duty;

 

(iii) a depot, premises of a consignment agent or any other place or premises from where the excisable goods are to be sold after their clearance from the factory; from where such goods are removed;

 

(cc) “time of removal”, in respect of the excisable goods removed from the place of removal referred to in sub-clause (iii) of clause (c), shall be deemed to be the time at which such goods are cleared from the factory;

 

(d) “transaction value” means the price actually paid or payable for the goods, when sold, and includes in addition to the amount charged as price, any amount that the buyer is liable to pay to, or on behalf of, the assessee, by reason of, or in connection with the sale, whether payable at the time of the sale or at any other time, including, but not limited to, any amount charged for, or to make provision for, advertising or publicity, marketing and selling organization expenses, storage, outward handling, servicing, warranty, commission or any other matter; but does not include the amount of duty of excise, sales tax and other taxes, if any, actually paid or actually payable on such goods.

 

Section 4A : Valuation of excisable goods with reference to retail sale price

 

(1) The Central Government may, by notification in the Official Gazette, specify any goods, in relation to which it is required, under the provisions of the Legal Metrology Act, 2009 (1 of 2010) or the rules made thereunder or under any other law for the time being in force, to declare on the package thereof the retail sale price of such goods, to which the provisions of sub-section (2) shall apply.

 

(2) Where the goods specified under sub-section (1) are excisable goods and are chargeable to duty of excise with reference to value, then, notwithstanding anything contained in section 4, such value shall be deemed to be the retail sale price declared on such goods less such amount of abatement, if any, from such retail sale price as the Central Government may allow by notification in the Official Gazette.

 

(3) The Central Government may, for the purpose of allowing any abatement under sub-section (2), take into account the amount of duty of excise, sales tax and other taxes, if any, payable on such goods.

 

(4) Where any goods specified under sub-section (1) are excisable goods and the manufacturer -

 

(a) removes such goods from the place of manufacture, without declaring the retail sale price of such goods on the packages or declares a retail sale price which is not the retail sale price as required to be declared under the provisions of the Act, rules or other law as referred to in sub-section (1); or

 

(b) tampers with, obliterates or alters the retail sale price declared on the package of such goods after their removal from the place of manufacture, then, such goods shall be liable to confiscation and the retail sale price of such goods shall be ascertained in the prescribed manner and such price shall be deemed to be the retail sale price for the purposes of this section.

 

[Note Here — For the purposes of this section, “retail sale price” means the maximum price at which the excisable goods in packaged form may be sold to the ultimate consumer and includes all taxes, local or otherwise, freight, transport charges, commission payable to dealers, and all charges towards advertisement, delivery, packing, forwarding and the like and the price is the sole consideration for such sale]

 

Provided that in case the provisions of the Act, rules or other law as referred to in sub-section (1) require to declare on the package, the retail sale price excluding any taxes, local or otherwise, the retail sale price shall be construed accordingly.

 

[Note Here  — For the purposes of this section, -

 

(a) where on the package of any excisable goods more than one retail sale price is declared, the maximum of such retail sale prices shall be deemed to be the retail sale price;

 

(b) where the retail sale price, declared on the package of any excisable goods at the time of its clearance from the place of manufacture, is altered to increase the retail sale price, such altered retail sale price shall be deemed to be the retail sale price;

 

(c) where different retail sale prices are declared on different packages for the sale of any excisable goods in packaged form in different areas, each such retail sale price shall be the retail sale price for the purposes of valuation of the excisable goods intended to be sold in the area to which the retail sale price relates.]

 

Dhiraj A. Ramchandani

Published in Excise
Source : No Source Specified
Views : 17985

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