Rule 21 of cce

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akshay (Querist)
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10 December 2014 As per rule 21 of CER remission of duty is available if its because of natural calamities ....at any time before removal .
My question is how we know about what amount of duty is to be claim for remission because we take the rate on the date of removal for the purpose of excise duty .for suppose lose coz of fire is on 2 .3.2014
....but the duty will be charged on later date when the goods will be removed from factory considering tat date duty .....

CA Siddhartha Bhardwaj

CA Siddhartha Bhardwaj (Expert)
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10 December 2014 In this case the rate of duty will be the rate applicable on the date on which fire broke out in the premises.

akshay

akshay (Querist)
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10 December 2014 But we didn't deposited the duty till the calamity as we deposit the duty on the basis as the rate on removal then how we can claim remission..

CA Siddhartha Bhardwaj

CA Siddhartha Bhardwaj (Expert)
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10 December 2014 Remission is sought for duty on finished goods lying in the factory which were destroyed by fire.

Excise duty is attracted at the time of MANUFACTURE. Removal is only the point of collection.

The finished goods lying in stock are liable to excise duty.

Remission is sought to waive the liability to pay excise duty.

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