14 April 2008
I doubt whether Central Exicse duty is applicable on Ready Mix Concrete. To my knowledge there is a distinction between "Concrete Mix" and " Ready Mix Concrete. I know that concrete mix is a product manufactured under conventional method of concrete production with ISI standard 456-1978 which is produced and used at the site of construction. It is this concrete Mixture manufactured at the site of construction which is fully exempt according to notification No. 4/97 issued on 1.3.97 vide Sl.No. 51.
While Ready Mix Concrete is a product having separate tariff rate with 3824.20 under ISI's IS. 4926-1976. Ready Mix Concrete is a concrete delivered at site or into the Purchaser's vehicle in a plastic condition (unlike concrete mix which is manufactured at the site of construction and used immediately at site itself) and requiring no further treatment before being placed in the position in which it is to stay and harden. Hence it attracts duty @ 13% up to October 97 and at 8% from October 97 under heading 3824.20.
I believe it is still taxable at 8% unless it is exempted with subsequent notification which I could not get it. My assessing authority is ready to levy tax at 13% under old rate which I opposed and furnished notification no. 65/97-CE, dated 21.10.97 where duty on Ready Mix Concrete is to be taxed at 8% only.
If u could confirm that it is fully exempted kindly provide me notification copy or citation to submit the same to assessing authority.
I believe that Notification No. 4/97 dated 1.3.97 only speaks about exemption to "concrete Mix" but not " Ready Mix Concrete" If this is also exempted Kindly Advise me at the earliest so that I will be very comfortable before assessing authority.
CAclubindia
