UNIT WAS REGISTERED UNDER CENTRAL EXCISE CH.87043120 THREE WHEELED MOTOR VEHICLE FOR TRANSPORT OF GOODS DID NOT HAVE ANY SSI EXEMPTION BEFORE 30/06/2017. DURING THESE PERIOD THEY SOLD SPAREPARTS OF WHICH THEY HAD NOT CLAIMED CENVAT CREDITS. AND REMOVED THE SAME SPARES WITHOUT PAYMNET OF DUTIES. IT IS ADMISSIBLE ?
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A company is engaged in manufacturing of ethanol and supplies its ethanol to its 100% holding company. Holding company is engaged in Oil & natural gas sector. Till the time of ethanol taken in the depo. of customer, ethanol is belong to our co. and our co. has all risk & reward during transit. At quarter end and at annual closing ethanol dispatched by us but pending for taken in depo at customer premises are reporting as stock in transit. Our co. arrange transporter for dispatch of ethanol. Accordingly freight amount is separately charged in invoice and recover from customer. Excise duty is charged on only basic amount excluding freight amount. Our co receives invoice from transporter and paid service tax as GTA services & accordingly credit taken by us.
My question are:
1. Whether excise duty should be charged on freight amount also? If yes why?
2. Whether credit taken by us is rightly taken or it should not have taken?
3. Is there any impact of provision due to supply made by our co. to his 100% holding co only?
Request you to reply on above points as soon as possible. We will highly oblige for your earliest reply and help.
MY UNIT ENGAGED IN PRODUCTS AND SUPPLY OF THREE WHEELED MOTOR VEHICLE FOR TRANSPORT OF GOODS AND ALSO HAD EXCISE REGISTRATION AND WAS PAYING CENTRAL EXCISE DUTIES @12.5% ON VALUE.
THEIR TRADING ACCOUNT OF 01-04-2017 TO 30/06/2017 SHOWED SALES OF WASTE AND SCRAPES OF IRON AND STEELS WITHOUT PAYMENT OF CENTRAL EXCISE DUTIES AND ALSO SOLD PARTS AND ACCESSORIES WITHOUT PAYMENT OF CENTRAL EXCISE DUTIES @12.5 % AND NOT PAID SERVICE TAXES ON LABOUR JOB WORK CHARGES AND DIRECTORS SALARIES. AS CENTRAL EXCISE AUDIT EA-2000 IS PROPOSSED FOR PRE GST TRANSACTIONS, ABOVE RECORDS OF ACCOUNTS C.A HAS AUDITED IN AUDIT REPORTS.
NOW THE QUESTION IS THAT CENTRAL EXCISE DEPARTMENT CAN RAISE DEMANDS FOR ABOVE NON PAYMENTS OF DUTIES ? ASHWIN JOSHI MY EMAIL ID IS email@example.com please advise.
If we purchase any capital goods on unsecured loan, can we take input cenvat creidit this type of transaction.
Invoice received Bill to , Ship to Transaction
Supplier despatch the machines to consignee on behalf of buyer against unsecured loan, payment made by buyer to supplier. consignee recived the machine on unsecured loan
THANKFULLY WE ACKNOWLEDGE THE REPLY OF MY QUERRY WHICH IS NOT AS PER MY QUERRY RAISED IN MY MAIL UNDER REFERENCE NOW GIVE POINT TO POINT REPLY FOR MY QUERRIES WITHOUT SKIPPING OBJECT OF THE PROBLEM. PLEASE READ AND GO THROUGH THE CONTENT OF MY QUESTIONS.
1. WE ARE THE MANUFACTURERS OF UNMANUFACTURED TOBACCO FALLING UNDER CH. 24011090 ALSO IN FOURTH SCHEDULE, SO THEREFORE WE HAVE TO FILE ER1 RETURN AS PER THE ALERT AND GUIDELINES GIVEN BY YOUR ALERTS AFTER THE INCEPTION OF THE GST. AS THIS PRODUCT ALSO ATTRACTS 14% +14% GST PLUS 71 % COMPENSATION CESS. NOW CLARIFY HOW AND WHERE TO FILE RETURNS BY KEEPING IN MIND OF PUTTING ALERT ON ACES PORTAL AFTER GST. THESE PRODUCTS STILL COVERED UNDER CENTRAL EXCISE ?
PLEASE ALSO FIND SCREENSHORTS OF YOUR CRYSTAL CLEAR ALERT AND OTHER ALERTS?
AS SUCH WE HAVE FILED ER1 RETURNS W.E.F 01/07/2017 TO 31/03/2019 ON YOUR ACES MODULES JUST TO OBEY YOUR ALERTS AND GUIDELINES AND MAKING PAYMENT OF 71 % CESS ON EASIET EXCISE MODULES ON ACES PORTAL TILL DATE,
NOW WHAT WE HAVE TO DO ? TO CONTINUE TO FILE OR MAKE PAYMENTS ON EXCISE PORTAL ON CBIEC.GST OR GST SEPARATELY AND REFLECTING BOTH IN EXCISE AS WELL AS GST PORTAL ?
PLEASE LOOK INTO THIS MATTER AND ADVISE US ACCORDINGLY AND CLARIFY THE ABOVE QUERRIES.
MAHESH TOBACCO CO.
In our company while preparing the ER.1 returns for June.17, there was a omission of credit to the extent if 11.31 lakhs due to a software glitch in SAP, and the tran1 also filled accordingly. Now the audit team has noticed this and please suggest if we can apply for refund of this u/s 142 6(a).
1-We used one brand in 2009 namely KELVIN for all product selling .
2-All product we buy and sell in our above brand.
3-Is our concern is tranding or manufacturing as we used our logo KELVIN in all products.
4.Our sales in that period is above Rs.2.5 crores
5.So we must have Central Excise no or not because our sales is above 1.5 cr.
6.If we should have CE no , are we the dafaulter of Excise.
Please claerify the same.
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