Easy Office


Anand Castudent
22 June 2007 at 10:28

Valuation of goods

plz send me full clearification and opinion with support of decided case laws and notification and circular if any parties is having 24% of share in a company and another not having any share, then they are related parties for the purpose of valuation under central excise Act.


Anoop

FACTS of the case
1. KCR has entered into a job processing agreement with QT, Mumbai.
2. KCR has received 419 Kgs of semi finished product from MBA, Daman, for job processing.
3. MBA is doing job processing for QT, Mumbai.
4. The semi finished product has arrived with a Challan which states “Old rule 57AC [5(a)] and New Rule 3 and 4[5(a)]”. The name and address of the supplier/manufacturer is written as “MBA, Daman”
5. The material after further processing would be sent back to MBA, Daman a/c of QT.

NOTE
a. Normal procedure being followed by KCR in similar case was to obtain a letter from the PROCESSEE addressed to our jurisdictional Deputy Commissioner, intimating the DC about the processing at Kancor under notification 214/86 dated 25-03-86, and that the same would be used in manufacture of final products in the PROCESSEEs factory. KCR would obtain an acknowledgment from Excise Office on this letter and keep the same in its file. A D3 intimation would be filed with the Supdt and acknowledgment of the same is also obtained for the file.
b. In the current situation, QT is of the opinion that the job processing is under rule 3 & 4(5a) of Cenvat Credit Rules, and that it requires no intimation to be given to the jurisdictional DC/AC of KCR.

QUERRY
1. What is the procedure to be followed by KCR in this case?
2. If the processing amounts to manufacture, whether excise duty is chargeable to QT?
a. If yes, what are the procedures to be followed for determining the assessable value of the material?
b. What is the procedure of invoicing/charging the duty?
3. If the processing does not amount to manufacture and service tax is to be charged on the processing charges, whether there are any difference in the procedures to be followed?
4. Which are the applicable sections/rules for the above cases?


mahesh
12 June 2007 at 03:48

Cenvat Credit

Dear All,

Could you tell me whether we can take cenvat credit on the communication cables laid in the entire plant/factory for the Central control room(CCR)FITTED with the computers for displaying the entire production process ?

Kindly cite a case law if possible ?


C.k.chamy
11 June 2007 at 04:46

ARE 1 - EOU

Hi

For getting the Are 1 from the supplier waht we should provide from EOU or SEZ ?

ARE 3 also

runlucky@gmail.com



Rajendra Rohit

A. Please Explain Procedure of ARE-1 for Supply form DTA Manufacturer to SEZ Unit --- How Much Copy of ARE-1 prepared --- Which Copy to submitted to whom --- How much Copy send with Material to SEZ Unit & what is a requirement from Excise authority of sez unit & suppliers also.........