excise

1508 views 3 replies

madhavvan

service

154 Points Joined March 2008

. A Company has have two excise registration certificates in the same factory for 2 different premises one for manufacturing and other one for trading for the same factory The Trading licence is for storage of imported goods which are subsequently sold .

Both are in the same premises does the law require that there should be a separate gate and entrance for both the excise registered premises or it is ok if both the premises have single entry and exit any other rules and regulations to be complied with

2. In same bill of entry items for manufactured goods and items of trading are received is there any specification in excise law / customs that there should be separate bill of entry or we require separate bill of entries for domestic sale and trading goods sale
3. DSA / Cenvat register / PLA is computer generated is it permissible and should the print out be taken out every day and authenticated at end of each day
4. Some items are imported and then they are painted in the factory premises and then sold to customer ( they fall under the same tariff heading) when sold domestically does it amount to manufacture or trading
5. Spares / parts are some time sent as replacement to customers as they are damaged at customers end when replacement spares are sent should they be sent under trading excise invoice or manufacturing invoice and at what value should it be sent for excise purpose
6. Trading items are similar to manufacturing can these be imported and then sold is there any bar on selling items identical for trading and manufacturing
7. Reversal of Cenvat credit on spares sent for reconditioning or repairs when should reversal be done should it be immediate or at periodic intervals.

Replies (3)

Sachin

Chartered Accountant

419 Points Joined November 2008

Dear Madhavan,

Generally in the Excise, only one registration number can be taken for the one premises. please write your problem with facts sothat I can help you. my email id is sachinagarwalcallb @ gmail.com

Rajesh Kumar

Advocate- Tax

7806 Points Joined December 2008

There is no law which precribes separate gate etc. It is an hangover of the earlier excise law, which no longer required legally.

2. If goods are received under same Bill of entry for trading as well as manufacturing purpose, you can take credit at any place- either in manufacturing unit or in trading unit. After that those goods which are required in another unit may be transferred there as stock transfer after reversal of duty. This way there will not be any confusion.

3. DSA is the only prescribed register. It should be maintained on a daily basis. Thus if it is maintained on computer, at the end of the day printout should be taken, authenticated and filed. The other registers are not required to be maintained on daily basis. You can maintain them as per your convenience.

4. Trading. The goods should be cleared as such from the factory. If cenvat credit on paint has been taken, the paint should also be cleared as such showing quantity as value separately (if it is possible to quatify). Otherwise goods can be cleared as such, to job worker (self) for painting job. Then also you can take credit on paint.

5. If the parts are manufactured, under excise invoice after payment of duty. If purchased on which credit has been taken, clearance of inputs as such.

6.There is no such bar. But separate account should be maintained which can be explained when ever any query is raised by the department.

7. If the spares will be received back, no reversal is required.