Duty Payment on “Automobile Accessories and Procedure thereo

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This query is : Resolved

Sanjay Sharma (Querist)

11 July 2008 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 of purpose of supplying the ‘Spare Parts of Tractor’ to the customers, we procure the material from the supplier’s in our “Spare Parts Division” those who are supplying the material to our Tractor Manufacturing Plant also and sale those parts to customer after availing the Excise duty credit paid on them through our Dealers and Stockiest after discharging the Excise duty on the basis of MRP declared under cove the above said notification and The Standards of Weight & Measures (Packaged commodity )Rules, 1977.

Most of all suppliers are discharging the Excise duty on their Transaction Value and declaring the same time on the Invoice “ Exclusively for Industrial use as raw material “ and some of them are on the MRP.

Some times we procure the material from the suppliers those who are not registered with Central Excise Department or may be they are availing the SSI exemption, means ( they not charge the duty while supplying to us).

My Query is –
1.Can we clear the parts purchased (without availing the duty credit) without charging the Excise duty to our customers? or,
2.Being deemed manufacturer ultimately we have to discharge the duty or not.
3.In case of suppliers who are discharging the duty at their end on the basis of MRP on their own, can we break the MRP label and fix our MRP?.
4.Those who are discharging the duty on transaction value at their end, are they doing the right practice or what should they do ?.
5.Is the Tractor Accessories are exempted for the payment of excise duty as per the above mentioned notification?.

OR

What is the right procedure, we can follow ?

Dear All, Experienced

Pls. Clarify, it would be great help to us.

Regards
Sanjay Sharma

Sanjay Sharma

Sanjay Sharma (Querist)

15 October 2008 I still waiting for the clerification

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