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Impact of budget amendments on excise duty on cement

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CA Prabhat Gupta

Manager (Indirect Taxes)

644 Points Posted on 19 March 2012

The query relates to impact of Budget Notification No.12/2012-CE dated 17.03.2012 on duty on Cement.

Previously Notification No.7/2007-CE contained an explanation 2 on Retail Sale Price and accordingly where the retail sale price of the goods are not required to be declared under the Standards of Weights and Measures (Packaged Commodities) Rules, 1977, and thus not declared, the duty shall be determined as is in the case of goods cleared in other than packaged form. Hence, Cement sold to Industrial & Institutional consumers was treated as in other than packaged form.

The new notification No.12/2012-CE supersedes previous Notifications and does not contain any such explanation. Does it mean that even where Cement is sold to Industrial & Institutional consumers in packages, duty will be payable @ 12% + 120 PMT.

Replies (1)

CA Prabhat Gupta

Manager (Indirect Taxes)

644 Points Posted on 26 March 2012

On being brought to notice corrigendum dated 22.03.2012 has been issued. It reads as:

"i) against Sl.No. 52, in column 3,-

For the words

“cleared in packaged form”

read

“cleared in packaged form:

Provided that where the retail sale price of the goods are not required to be declared under the Legal Metrology (Packaged Commodities) Rules,2011and thus not declared, the duty shall be determined as in the case of goods cleared in other than packaged form”;

Hence, Cement sold to Industrial & Institutional consumers would still be treated as in other than packaged form.