Excise of Fertilizers

Facts of case:
Our client manufacturing Superphosphate fertilizer exciseable under tariff heading 3103 10 00, which was earlier falling under exempt category. Now from this budget all items falling under chapter heading 31 is excisable at concessional rate of 1% if without CENVAT credit facility or 5% on normal basis.
 
My query is:
 
1. As till now client is purchasing raw material against CT 2 as final product was exempt. Is there any further scope of procuring raw material on concessional rates as final product is excisable under concessional rate of 1%?
 
2. If client opt to take cenvat and agrees to pay 5% normal duty then at what amount 5% will be calculated as fertilizer is subsidized by GOI. Presently market price of product is Rs. 2000 PMT and subsidy given by GOI is Rs 4500 PMT then on what amount they calculate excise on Rs. 2000 or Rs. 6500?
 
3. What would be position of stock in hand and stock lying with distributors (Field stock stored in distributors godown ownership of company on material , Billing Pending) as of the date of change. As per my knowledge excise is applicable on production and collection point is despatches. so can my client despatch finished goods without excise which were produced before changes implemented.
Replies (1)

Yes this budget have this kind of imp[act on business where credit is more than duty payable, as it is happening in your clients' case. but in reply to your point wise queries the following are given.
 

There is no provison in Central excise in procuring goods at a concessional rate of duty suitable to you.

 

The subsidy does not forma part of the value at which the goods are cleared. Whether MRP based or not, price, being realized from the buyers are the sole consideration on which duty is charged. Subsidy is a welfare neasure on which there is no tax.

 

 You need to pay taxes on clearances of all goods after the new levy if you don't enjoy any SSI exemption benefit. The places where your goods are now stored are required to be registered with Excise authorities for storing non-duty paid fished goods and maintain your books and accounts accordingly. All the clearances from such registered premise need to be tax-payable.

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
ARTICLESHIP 28 October 2026
Article assistants

Shyam S Gupta and Company

New Delhi

CA Inter

View Details
Company
21 October 2026
CA INTER/ BCOM WITH EXPERIENCE

CA S KUMAR GUPTA & CO

Amritsar

CA Inter

View Details
Company
ARTICLESHIP 17 October 2026
Articled Assistant

RRPM & Associates LLP

Chennai

CA Inter

View Details
Company
16 October 2026
CA article trainee

Zerdi & Co. Chartered Accountants

Pune

CA Inter

View Details
Company
28 October 2026
Assistant Director/ Associate Director-Finance & Accounting

Krea University

Chennai

CA

View Details
Company
02 November 2026
Audit Executive

SRJP & Co LLP

Kochi

CA Inter

View Details
Company
08 October 2026
Accounts and Tax Associate

POOJA R TELI & CO

Pune

CA Inter

View Details
Company
12 October 2026
AUDIT , ACCOUNTS AND TAXATION

KDSS

New Delhi

B.Com

View Details