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Can a company take more input credit and pass-on less

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My question is that : "Can a company take more input credit and pay less to supplier?"

for example : X company had been in a contract with Y company in 2007 when the rate of excise was 16%. they had a contract that X will get maximum to the extent of 60lakhs excise payments for supplies made to Y. But Y while supplying in 2009 when duty was at the rate of 8% submitted excise duty documents ammounting Rs. 74 lakhs. As per contract it will get only 60lakhs. Now Y says that as at the time of contact excise % was 16% and while supply it reduced to 8% so it will pay only 32lakhs i.e. deducting loss of 8%.

My question is can a company make profit on excise duty payment? 

Replies (2)

Rate of excise duty will be count of the date and time of removal of goods. Excise duty will not be count the date of contract. 

question not clear

1. if you are remoing input as such then you require to pay the amount of total CENVAT Credit taken (not %wise)

2. if someone removes goods as semi-finshed stage then duty sall be paid on cost of production +10%

so what type of profit you can derive

 


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