We manufacturing Tractors for agriculture purpose as well as supplying the Tractor Parts to our customers from our Spare Parts Division situated in the same premises on one registration no. in Central Excise Department from 1st June-06 under cover the notification No. 14/2008-C.E.(N.T.), dated 1.03.08. Tractor is exempted for the payment of Excise duty and the “Parts, components and assemblies of any automobiles “are liable to pay the duty.

For the fulfillment the purpose of supplying the ‘Spare Parts of Tractor’ to the customers, we procure the material from the supplier’s at our “Spare Parts Division”. Some of them are supplying the material in fully packed condition and pasted our MRP stickers, means they are discharging their duty liability on our MRP claiming the abatement.

We receive the fully packed material form them and take the CENVAT Credit of the duty paid to our supplier (on our MRP) & do some labeling re-labeling on the said material and sell to our customers with charging the same duty on the basis of same MRP declared on the product already after claiming the abatement.

We can understand this here as under-

Suppose our product MRP is 216/-
Supplier paid duty on ASV = 151.20 ( after claiming abatement 70 % of MRP)
His duty liability on the clearance from their premises is Rs. 12.46 (including 3 % Cess),

Now, at our side we Charge the duty of Rs. 12.46 (the very same amt. We have availed) while sell the said mat. to the customers.

Q. No.1 Is it a valid transaction in view of the Central Excise Act.?.
Q.No. 2 Are we doing the right practice or some thing wrong in it ?.
Q.No.3 Is there any revenue loss to the Government or not ?
Q.No.4 Is mere labeling or re-labeling without including the declaration or alteration of MRP amounts to manufacture or not ?.


Pls. Clarify.

what is rg123 and rg1

we have purchased finished goods.we are also manufacturing the same product and want to export the total material

can we export the whole material under rebate claim under rule 18 and can dabit the duty from RG-23AII on the purchased material which is not being manufactured by us

pls advice

Thanks

DEAR SIR
IF MANUFACTURE IS UNDER EXCISE & HE DOES NOT HAVING SERVICE TAX REGISTRATION, THEN CAN HE CHARGE EXCISE DUTY ON SERVICING/REPAIRING
OF HIS FINISHED GOODS THAT HE HAS ALREADY SOLD IN THE PAST.

We received one capital equipment on which cenvat credit taken. But due to fire accident that equipment totaly fired. Now we filed a Insurance claim for the same. Now the question is are we need to reverse cenvat credit?.

Please clarify the same with central excise provisions.

regards
K.MASTHAN BAVA
ZUARI CEMENT LTD

whether differential payment of excise duty after removal of goods from factory demands penalty payment or any other demdnd by excise authorities..

Dear Friends,

Can any body tell me what is the procedure to get IMPORT EXPORT CERTIFICATE FOR SERVICE SECTOR,and if any body have aplication plz provide to me .

Hi,

We have a service oriented unit.We are registered under the Service Tax registration and have the number also.But not registerd under the Excise. For setting up the unit we are purchasing the capital goods and paying the excise duty for the same. Can we take the capital goods CENVAT credit against our service Tax liability in this case..?? Experts are saying for takeing the CENVAT credit, purchase invoice contains the buyers ECC number is a mandatory one, but not seen in any of the CENVAT rules.

Could you please helop on this..??

Regards

Sreenath.

There is one restaurant purchasing wine from their & the dealer paying excise duty on their behalf.So they have to maintain excise records under state excise laws.My query is what type of documents they have to maintain? Kindly give me the detail/name of the Documents..

Sir,

We have purchased machinery 5 years back. We have utilised cenvat credit on the same as per Cenvat Credit Rules. Now we want to sale the same. Whether we have to pay excise duty on the same ? If yes, at what rate and on which amount ?