Both the company are different and SSI exemption is available.
A company is different from a shareholder. Refer to soloman v. soloman, a classic case on company law.
Rajesh Kumar
(Advocate- Tax)
(7806 Points)
Replied 09 May 2009
Both the company are different and SSI exemption is available.
A company is different from a shareholder. Refer to soloman v. soloman, a classic case on company law.
KALPANA and SUNIL TOMAR
(ADVOCATE)
(93 Points)
Replied 10 May 2009
Dear Sir,
I am really very fortunate to have a guide like you. Who always proved to be a helping hand whenever i am in need.
Thanks a lot, kalpana Singh
KALPANA and SUNIL TOMAR
(ADVOCATE)
(93 Points)
Replied 10 May 2009
Dear Sir,
I am really very fortunate to have a guide like you. Who always proved to be a helping hand whenever i am in need. Thanks for always guiding me with your efficient advices.
Thanks a lot, kalpana Singh
Dear sir ,
Seetharaman
(Exports Imports & Purchase)
(22 Points)
Replied 01 July 2009
Dear Mr. Rajesh,
I have seen a lot of guidance under this forum about this Excise related exemption and I am thankful on the whole for your assistance first.
I work in a company in Chennai, where we import machineries & spares from our group companies worldwide and market/sell (trading only) the items in India. We are now availing & passing on the CENVAT credit of the customs duty incidence paid by us to our customers on our sales.
On our customer's request we have to support with an item, which is customised / assembled by us with many local & import items as inputs for the same. Then the assembled item is sold as a whole product under Non-excisable category without any Excise duty to our customers. In this case, we are loosing on the CENVAT items on the Inputs. Is there any possibility in our case for us to Charge Excise duty @ 8.24% (as applicable now) to our customers on this assembled item?? We only have a registration with CE as Trader. We do not have any SSI licence also. This assembled item sale per year may not exceed Rs.1.5 crore. Plz. let me know what can be done on this.
1) Do i have to take a SSI Licence for this assembly activity???
2) Do i need to register myself with Central Excise as Manufacturer?
3) What is the documentation for this? We are now mainting RG23D register for our CENVAT credit.
I shall be highly grateful for your guidance.
regards
Seetharaman
9962070033
ssram79 @ gmail.com
Rajesh Kumar
(Advocate- Tax)
(7806 Points)
Replied 01 July 2009
You cant pay any duty on assembled item as the process may not amount to manufacture. Even if the process amounts to manufacture, you will have take registration etc. However you can do the work and pass on credit as job worker.
Sell the inputs to the buyer. In the sell invoice, you yourself become the consignee as job worker. Do the assembling work on the inputs and after job work of assembling, supply the assembled material to the buyer. When the buyer will receive the assembled material, they will take credit on all the inputs. For job work charges, you can raise a bill for job work. You are not required to pay any service tax on such job work (Service Tax notification 8/2005).
Deep
(student)
(23 Points)
Replied 28 July 2009
what is the turnover required for filing the vat/cst return quaterly or monthly?
Indian Taxation
(Business Head)
(109 Points)
Replied 28 July 2009
Visit https://inodetechnologies.blogspot.com/2008/12/central-excise-exemption-for-small.html
or
https://inodetechnologies.blogspot.com
For More Details
KALPANA and SUNIL TOMAR
(ADVOCATE)
(93 Points)
Replied 02 September 2009
Dear Rajesh Sir,
My client is the registered dealer/Traders and he is planning to commence a manufacturing unit. Please guide us as want know that rectification of
Sandal wood oil (Tariff Heading 33012937), Patchouli oil (Tariff Heading 33012934), Ginger oil (Tariff Heading 33012927) ,Clove Bud oil (Tariff Heading 33012928) from the unrectified/Crude oil with the same tariff is permissible in the eyes of law or not.
We would be very grateful for your response in this regard.
Kalpana Singh
KALPANA and SUNIL TOMAR
(ADVOCATE)
(93 Points)
Replied 08 September 2009
My Client is the registered dealer/Trader planning to commence a manufacturing unit.And before commencing it we would like to enquire that rectification of
Sandal wood oil (C.E.Tariff 33012937), Patchouli oil (C.E.Tariff 33012934), Ginger oil (C.E.Tariff 33012927) and Clove Bud oil (C.E.Tariff 33012928) from the unrectified/Crude oil with the same tariff is permissible in the eyes of law or not.
We request you to please answer to our query. We would be very grateful for your response in this regard.
Kalpana Singh
Indian Taxation
(Business Head)
(109 Points)
Replied 11 September 2009
Kindly visit www.inode.co.in or call 9845471680 for details on Indian Taxation and GST
KALPANA and SUNIL TOMAR
(ADVOCATE)
(93 Points)
Replied 12 September 2009
Dear Rajesh Sir,
My Client is the registered dealer / Trader planning to commence a manufacturing unit. And before commencing it we would like to enquire that rectification of Sandal wood oil (C.E.Tariff 33012937), Patchouli oil (C.E.Tariff 33012934), Ginger oil (C.E.Tariff 33012927) and Clove Bud oil (C.E.Tariff 33012928) from the unrectified/Crude oil with the same tariff is permissible in the eyes of law or not. We request you to please answer to our query. We would be very grateful for your response in this regard.
Kalpana Singh
Rajesh Kumar
(Advocate- Tax)
(7806 Points)
Replied 17 September 2009
In general rectification of oil does not result in any new commodity and therefore the process doesnt amount to manufacture and Central Excise registration as manufacturer is not required. However, if the products are packed in retail pack, falling under chapter 33, it may fall in the definition of deemed manufacture.
As a dealer he is entitled to do activities not amounting to manufacture and pass on credit.
KALPANA and SUNIL TOMAR
(ADVOCATE)
(93 Points)
Replied 22 September 2009
Dear Rajesh Sir,
I am really very fortunate to have a guide like you. Who always proved to be a helping hand whenever i am in need.
Thanks,
Kalpana Singh
KALPANA and SUNIL TOMAR
(ADVOCATE)
(93 Points)
Replied 30 September 2009
Dear Rajesh Sir,
Importing the Sandal Wood Oil (C.E.Tariff:33012937) and further re-packing and re-labeling it with our brand name would be considered as manufacturing or trading . And if it is considered as manufacturing then can we avail the benefit of Cenvat Credit ?
Kalpana Singh
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