Clearance of input as such

This query is : Resolved 

Querist : Anonymous (Querist) 07 January 2010

Will any one help me by throwing light on what is the rules and regulations for clearing of inputs as such by a manufacturer from his premise.
1. Which rules Central Excise is relevant.
2. What are the latest, notification, circulars.
3. Can the price of the input while clearing as such be higher than the original price of procuring by the manufacturer?
4. If yes, then what duty has to be paid on it?
5. What aspects/ papers the departmental may look for while scrutinising the matter.
6. What precautions should be taken by the manufacturer so that no mistake creep in paper work?

Madhukar N Hiregange (Expert)
11 January 2010

A commentary on CE maybe perused.
Rule 3 (5) of CCR is applicable and the debit = credit availed. The basic price can vary but debit would be stagnant. Invopice to mention as such removal.

Querist : Anonymous (Querist) 11 January 2010

Rule 3(5) of CCR'04 reads - When inputs or capital goods, on which CENVAT credit has been taken, are removed as such from the factory, or premises of the provider of output service, the manufacturer of the final products or provider of output service, as the case may be, shall pay an amount equal to the credit availed in respect of such inputs or capital goods and such removal shall be made under the cover of an invoice referred to in rule 9:

Thanks sir for giving the reference.

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