Excise duty

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I am starting a jewellery business, but I would not have a manufacturing plant and I would not be manufacturing anything by myself. I will give it to a contractor who would manufacture the jewellery for me. I will give him the raw materials and the design. He will manufacture the jewellery for me and i would pay him the labour charges.

Please note that I will not be having my own manufacturing plant and I will not be manufacturing anything by myself. Everything will be done by the contractor, he will return me the finished product, which will be available to sell(no nore processing/manufacturing to be done on that product)

In this scenario, who would be liable for the excise duty?

Please help.

 

Thanks in Advance

Replies (3)

In case of Export:-   You will be treated as Merchant Exporter; Excise duty paid by Manufacturer. if you want to export same product, you have to send CT-1 bond and Form H  to manufacturer to avil Excise & CST/VAT exemption respectively for Manufacturer.

In case of Domestic sales:-   Excise duty paid by Manufacturer and he will put Excise & VAT/CST in Invoice which will bear by you.

 

 

Relevant Provision in Central Excise Valuation (determination of price of excisable goods) Rules, 2000

RULE 10A: Where the excisable goods are produced or manufactured by a job-worker, on behalf of a person (hereinafter referred to as principal manufacturer), then, -

 

(i) In a case where the goods are sold by the principal manufacturer for delivery at the time of removal of goods from the factory of job-worker, where the principal manufacturer and the buyer of the goods are not related and the price is the sole consideration for the sale, the value of the excisable goods shall be the transaction value of the said goods sold by the principal manufacturer;

 

(ii) In a case where the goods are not sold by the principal manufacturer at the time of removal of goods from the factory of the job-worker, but are transferred to some other place from where the said goods are to be sold after their clearance from the factory of job-worker and where the principal manufacturer and buyer of the goods are not related and the price is the sole consideration for the sale, the value of the excisable goods shall be the normal transaction value of such goods sold from such other place at or about the same time and, where such goods are not sold at or about the same time, at the time nearest to the time of removal of said goods from the factory of job-worker;

 

Thus in your case you should pay the excise duty on your transaction value (sale value) even though the manufacturing activity is done by the job worker.

 

 

 

Ok thanks for the explanation.

 

Just one more question what is the rate of % for gold and diamond jewellery, both real and imitation?

I tried looking up on the internet, but the section 14 of the tariff relating to my business area does not have any chapter.

Aso, neither of the schedule show the rate of excise duty on manifacturing of gold and diamond jewellery both real and imitation.

 

Pls help. Thanks in advance.

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