Coal Trading Under Excise

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Dear Sir,

If I am trading coal from BCCL/CCl/ECL (5.15% Excise is being charged since 01/03/2011) and I am not a manufacturer, then how am I supposed to sell coal in order to get CENVAT credit? Do I need to register in excise? If, yes then do I need to raise separate commercial invoice for sales tax and excise duty?

Replies (12)
Originally posted by : uttam

Dear Sir,

If I am trading coal from BCCL/CCl/ECL (5.15% Excise is being charged since 01/03/2011) and I am not a manufacturer, then how am I supposed to sell coal in order to get CENVAT credit? Do I need to register in excise? If, yes then do I need to raise separate commercial invoice for sales tax and excise duty?

as a trader u can pass on the excise duty charged by above companies, get yourself registered with Excise as a dealer, and follow the 23D register and issue dealers invoice for pass on the cenvat credit to manufacturers. you can not add/deduct the duty and only u can pass on the duty charged by originating point. 

 

for vat and other levies u have to issue own commercial invoices with reference to the excise invoice.

Thank you Sir for your prompt reply. One more query :

Till 28/02/2011 suppose I had some coal in stock and I had not been charged newly introduced excise on that stock. Now,

1) Some stocks I am selling after 01/03/2011 - Then do I need to raise excise invoice for the old stock sold?

2) For some stock I have sold before 28/02/2011 but have to raise invoice in march - Then do I need to raise excise invoice for the New invoice made on old stock sold?

Originally posted by : uttam

Thank you Sir for your prompt reply. One more query :

Till 28/02/2011 suppose I had some coal in stock and I had not been charged newly introduced excise on that stock. Now,

1) Some stocks I am selling after 01/03/2011 - Then do I need to raise excise invoice for the old stock sold?

2) For some stock I have sold before 28/02/2011 but have to raise invoice in march - Then do I need to raise excise invoice for the New invoice made on old stock sold?

Excise dealers invoice is used for pass on excise duty only ......it can not be used for 

1) exempted goods

2) buyers who dont have excise registration number

3) goods sold in earlier periods

Thank you  Sir for making me understand. One more query:

If I am buying coal from X colliery (100 Mt @ 4000/MT) then I will be charged an excise @ 5.15% on this.

and If I buy coal from Y colliery (100 Mt @ 3000/MT) again 5.15 % will be charged. Suppose I keep both X & Y at one place and the sell it to Z from there, say 15 Mt @ 3800. Then how much CENVAT credit I ll give to Z? (as I cant charge 5.15% and I can just pass on) so how much I ll pass?

Originally posted by : uttam

Thank you  Sir for making me understand. One more query:

If I am buying coal from X colliery (100 Mt @ 4000/MT) then I will be charged an excise @ 5.15% on this.

and If I buy coal from Y colliery (100 Mt @ 3000/MT) again 5.15 % will be charged. Suppose I keep both X & Y at one place and the sell it to Z from there, say 15 Mt @ 3800. Then how much CENVAT credit I ll give to Z? (as I cant charge 5.15% and I can just pass on) so how much I ll pass?

for every item received u have to maintain RG23D bill wise, and issue invoice from there foliowise, i e. u can not issue one single excise invoice for materials from two diff suppliers. 

so for X consignment u have to pass the duty in Excise invoice 1 as charged by X, similer way u have to pass on the duty as charged by Y in excise invoice 2, both can go in one single commercial invoice, but for excise purpose it would be seperate.

Dear Sir ,

I have some querry in newly introduced excise duty in coal as below-

1)If we are Importer of Coal for trading in local market (not manufacturer ) then  Excise duty require to pay or not. If yes then what will be teh rate 5% or 1 %. 

2) If we pay 1 % or 5 % duty to Govt a/c then can we add the amount in our sales bill to our buyer. Does our buyer eligible to take credit and pass on that duty again.

3) A normal understaing is that Excise is applicable in Manufacturing only ,then how on coal trading the excise is applicable.

Please reply and help.

 

Regards/S. tiwary

Originally posted by : SUBHASH CHANDRA TIWARY


Dear Sir ,

I have some querry in newly introduced excise duty in coal as below-

1)If we are Importer of Coal for trading in local market (not manufacturer ) then  Excise duty require to pay or not. If yes then what will be teh rate 5% or 1 %. 

- you dont have to pay excise in addition to duties and taxes paid at the time of import, u can pass on CVD portion paid at the time of import to the buyer, which was charged to you at the time of import.

2) If we pay 1 % or 5 % duty to Govt a/c then can we add the amount in our sales bill to our buyer. Does our buyer eligible to take credit and pass on that duty again.

- you have to sell coal as usual you were doing, excise invoice is not direct related to your trading invoice, only you have mention the sales value in the appropriate column for co relation, but you have to pass on the actual cvd paid to buyer 


3) A normal understaing is that Excise is applicable in Manufacturing only ,then how on coal trading the excise is applicable.

Please reply and help.

 

Regards/S. tiwary

Dear Sir,

I Have doubt about the registartion of central excise for Coal traders, can any one provide any notifications or circulars issued by The Central Excise that Registration can be provided for Coal. because in Chennai one of the Commissionerate denied Registrartion Certificate for Coal only because of the reason that they dont have godown to store Coal. Please Reply me...

A is a coal trader. it  purchased good from a coal miner who charge 5.15% excise duty on purchase of good. So, whether A is liable to get registered and pay excise duty on sale of coal to others? A is simply a coal trader who doesnot involve in manufacturing activity nor raising of coal. 

Sir,

I have a query, kindly resolve my problem as soon as possible. Sir,

I received the coal from BCCL on may'12, but received the Excise Invoice on September'12. I sold the coal from road to road via challan. Then, How I transfer the excise, because in the excise invoice, it is mandatory to write the removal time.

Thanks

if your buyer is not under excise, then you have nothing to do now, stay in peace. 

Dear

U S sharma.. 

I would like to know what is rate of CVD on imported coal ?

Thank you


CCI Pro

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