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Charging excise@12.5% on billing from depot

B K JHA (Senior Manager) (29 Points)

08 July 2016

Dear Sir, we have a Stock & Sales Point in Mumbai where as Plant is in Bhiwadi (Raj). we have been doing Stock transfer at Maximum Qty Sold rate during Month or take reference of prevailing/Billing price at or around transfer date . My query is if we bill higher than transfer rate but pass excise based on our transfer price , can excise deptt. raise question on Loss of Revenue as it will be a recurring exercise (even if Qty is less than 50% of total supply). kindly guide ,what should be the ideal practice & procedure for long term & substantial sales planning. with best regards B KJHA

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3 Replies

natarajan (SM - Audit & Taxation) (156 Points)
Replied 08 July 2016

Dear sir,

You are adopting Rule 7 of CE Vauation rules for arriving the duty liability on Removal.

Whereby you are adopting the price at which the greatest aggregate qty sold based at the Sale point for discharging the Duty liability.

The final sales price will not impact the valuation done above. This will normally accepted by the Dept.

Madhukar N Hiregange (Chartered Accountant) (38934 Points)
Replied 08 July 2016

Depot Trasfer Valuation Under Rule 7- Value the goods at the time of removal ( from factory) at the price prevalent at Depot at thta time.

If you sell below the transfer price- no refund- if you sell above the transfer price- no additional duty.

Dept. cannot demand duty on the diffrential price.

B K JHA (Senior Manager) (29 Points)
Replied 09 July 2016

Dear Sir

thank you for reply. In current scenario ,we can only pass excise on pro rata basis ie on stock transfer price. Can we have arrangement where we can charge excise on billing price at depot at prevailing rate as normal billing Practice.

regards

B k jha