Differential Excise Duty

2687 views 2 replies

 

We are a manufacturer. We are transferred stock to Branch in One rate, but branch sale it at two different rates. We paid differential duty if branch sale this goods on higher rate.
What will be Excise duty treatment for the following transactions.
                                                    Qty        Rt            Value          Rt of Duty   Amt of Duty      
A Stock trf to Branch                400 kg   125         50000         14%              7000               
 
B. Sold at Branch                 
     I Transaction                        100 kg    125        12500          14%              1750
     II Transaction                       100 kg    125        12500          10%              1250
    III Transaction                      100 kg    150        15000          10%              1500
 
  • II nd transaction , there is loss of Duty - 500/-, Can we adjust ? or consider as Loss of Duty
  • IIIrd transaction, Overall loss of Duty 500/- ( ED paid on material 1750, & collection is 1250 ),  but excess collection as per Material  Rt. 250, ( 25*100)=2500 @ 10% , 250/-
Please clarify.
Replies (2)

Well, the branch is a dealer. It is not required to calculate any duty- it needs only pass on duty as paid by the manufacturer. Price fluctuation in depot is irrelevant for calculation of duty.

The only thing u need to calculate duty at the factory gate is price prevailing at the depot at the time of removal of goods from factory. The duty at the factory is to be paid based on price prevaling at the depot at the time of removal.

You need to correct your system.

That means true charecter of indirect tax that is the burden of tax is transferred to ultimate consumer got disappeared in IInd and IIIrd case as the burden will be born by manufacturer and no buyer will agree to purchase at higher tax rate of 14%.

But I completely agree with Mr Rajesh.

 

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