Advocate- Tax
7806 Points
Joined December 2008
Captive consumption is always of intermediate product made by a unit. If it made by another unit, and you are buying it- it is a raw material used in your unit.
Problem of Captive Consumption in excise:
Central Excise is on manufacture. Whenever you manufacture anything, duty liability arises, it is immaterial whether you sell it on not. Sometime it happens that what you manufacture, you dont sell it and you use it captively in your unit for some purpose. Say, Maruti is making Cars- maruti will be using some car for own use. Such cars will not be sold. However, central excise duty will be paid on such car as the cars are manufactured and duty liability arises.
Sometimes such intermediate product are used captively for further manufacture on which central excise duty is paid. In such cases, the intermediate products used in further manufacture is exempted from payment of central excise vide Notification 67/95.
However, if
-If intermediate procudt are used captively, but not in manufacturing process, like maruti example
-intermediate product is used in manufacture process, manufacturing exempted goods
the notification 67/95 does not apply, and duty is to be paid on intermediate product manufactured.