Jay V Mavani
This Query has 2 replies

This Query has 2 replies

11 January 2012 at 11:03

Branding+excise

WE are currently a wholesale Trader, trading in various industrial Products.

Recently we have launched our in House brand X. Brand X is being manufactured by a SSI Unit whose aggregate turnover is less than 1.5 Cr annualy. He IS not paying excise as his turnover is less that 1.5 Cr.

Recently we have advised our manufacture that we wish to register our brand name i.e. get a TM further leading to R. Our manufacturer is currently advising us that we cannot register a brand being a trader instead he needs to register it as a manufacturer. Reason he is giving is, if he manufactures somone else's brand then he will have to pay excise.

My query is :

1) My intention behind registering my brand is to protect the brand name. If I register brand name under my business name and then the product is being manufactured by an SSI. Do I have to pay excise by default?? My understanding was SSI within limit of 1.5 CR need not pay excise.I have been told by manufacturer that as soon as u register for Trademark registration I will have to pay excise even if his turnover is less than 1.5 Cr.

2) What is the solution in this scenario ? I would like full control of my brand without having to pay excise.

3) Is there any procedure I need to do to 1) Get my brand name registered on my name and 2) Not come under excise ?? I dont want my brand name X to be registered on manufacturers name as he is not the actual owner, I am.

Your assistance in this matter would be highly recommended.

Regards


Guest
This Query has 2 replies

This Query has 2 replies

11 January 2012 at 10:27

Annexure -19

sir, now i have to prepare annexure19 for the month of dec'11 -pls explain part-I,II,III,IV,V breifly


Mahendra Singh Dhatarwal
This Query has 3 replies

This Query has 3 replies

10 January 2012 at 13:52

Establishment of new warehouse

Hi All,

We are a manufacturing company situated at Kanpur.

We are going to establish a new warehouse in Mundra, Gujarat. we would be transferring the finished goods from Kanpur to Mundra and then the goods would be exported only from Mundra. Can you please let me know what excise formalities would be required for this???

We would own a rented warehouse in Mundra. This would be a permanent establishment.

Regards
Mahendra S Dhatarwal


SHYAMLAL KAYYARUVATH
This Query has 2 replies

This Query has 2 replies

10 January 2012 at 11:30

Rule 8

DEAR SIR,


COULD ANYBODY EXPLAIN ABOUT RULE 8 OF CENTRAL EXCISE


p.prabhakaran
This Query has 2 replies

This Query has 2 replies

09 January 2012 at 22:05

Transfer the excise dity to duyer.

dear sir,

i have query that is my supplier transfer the excise duty to me for his same duty.that mean
x company sell a product to y that bill is 10000 basic, 1000 excise. y sell a that product to z.bill is 15000 basic, but 1000 is excise.this is right. i am blind about this.i ask him they said we transfer the duty same to you.what i want to do.


CA Krishna Murthy
This Query has 1 replies

This Query has 1 replies

09 January 2012 at 20:30

About goods used for captive cosumption

Goods used and manufactured one machine and same is used for captive consumption. How to effect in books?? Cenvat credit was taken on goods used for manufactured for Machine. whether we required to pay duty on machine is used in house and whether we required generate for sale invoice, if invoice generate a value to be raised?



Anonymous
This Query has 2 replies

This Query has 2 replies

09 January 2012 at 20:04

E-return

DEAR SIR,

I AM AN IMPORTER AND DEALER OF EXCISABLE GOODS AND IN ORDER TO PASS ON DUTY BENEFIT TO MY CUSTOMERS TO WHOM I SELL IMPORTED (GOODS)ITEMS DIRECTLY , I HAVE ALSO REGISTERED AS A DEALER WITH CENTRAL EXCISE.

I HAVE ISSUED INVOICES WHICH NEED TO BE FILED FOR MY QUARTERLY RETURN.

IN THE " DEALER RETURN - INVOICES ISSUED, RECEIVED " PAGE UNDER HEADING :INVOICES ISSUED BY FIRST STAGE/SECOND STAGE DEALER " I COULD ENTERE ALL THE INVOICES ISSUED BY ME.

IN THE "DOCUMENT BASED ON WHICH THE CREDIT IS PASSED ON" I HAVE ENTERED BILL OF ENTRY NUMBER, DATE ISSUED BY IMPORTER. UNDER COLUMN " REGISTRATION NUMBER", WHEN I ENTER MY REGISTRATION NUMBER - MY FIRM NAME AND ADDRESS " AND PRESS SUBMIT BUTTON, I RECEIVE THE MESSAGE " ASSESSE CANNOT ENTER HIS/HER OWN REGISTRATION NUMBER IN :DOCUMENTS BASED ON WHICH THE CREDIT IS PASSED." AND HENCE I CANNOT COMPLETE MY RETURN AND SUBMIT.

MY PRINCIPALS FROM WHOM I IMPORT THE GOODS ARE NOT REGISTERED WITH ACSE AND HENCE DO NOT HAVE ANY REGISTRATION NUMBER.

THUS I AM UNABLE TO FILE DEALER RETURN,

WHEN I SUBMIT MANUAL RETURN WITH DEPARTMENT THEY ARE SAYING DO E-FILING.

SO KINDLY HELP US TO FILE E-RETURN ON TIME,
OR
PLEASE TELL ME ANY OTHER WAY TO FILE MY RETURN.

THANK YOU


Elizabeth
This Query has 1 replies

This Query has 1 replies

09 January 2012 at 12:45

Applicability of excise duty

A client proposes to engage in manufacture of encapsulant films -which are used in manufacturing solar cells. as per List 5, excise duty on solar photovoltaic cell is NIL. does that mean encapsulant films are also subject to NIL rate of duty
: http://www.cbec.gov.in/excise/cx-act/notfns-2k6/cex0606.pdf
the link contains provisions of rate of duty applicable.
Pls advise.


shubhani jain
This Query has 4 replies

This Query has 4 replies

09 January 2012 at 12:18

Cenvat credit

sir,
a manufacturing company have two units.
all the clearances of excise are made by 1st unit. but major part of manufacturing is done in 2nd unit. company shows all the material purchase in 1st unit and take credit of raw material. but CENVAT credit of plant and machinery of 2nd unit is shown in the ARE-1 of of 2nd unit itself. as whole clearance is from 1st unit, company wants to transfer the credit of plant and machinery also to 1st unit. What procedure have to be followed? kindly advice



Anonymous
This Query has 6 replies

This Query has 6 replies

09 January 2012 at 12:11

Customs and excise

we are indian representatives of singapore company.the singapore company is a foreign company incorporated in singapore and deal in pharma products. they wish to procure a 1 kg sample of particular pharma product from 100% EOU and wantss to get it tested as well as R&D done in Indian company.
Query: can singapore company buy the required product from 100% EOU and send it to indian R&D centre? the payment to EOU will be made from singapore company in USD.
please suggest if this is possible keeping customs and excise rules?
what is the best way out for this type of transaction as it is impractical to send the godds to singapore and reimport.