is it correct????

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Is it Correct???????????

Q. The goods manufactured by B& Co. were chargeabe to excise duty @ 10%. From 1-3-2011 additional excise duty @ 8% was imposed on such goods. On 4-3-2011, B & Co removed goods valuing Rs. 200000 out of lot manufactured prior to 1-3-2011. Compute the amount of excise duty payable on such removal?

Ans: The goods manufactured by B& Co. were not liable to additional excise duty prior to 1-3-2011 but were made subject to such additonal duty w.e.f. 1-3-2011. Hence no additional duty can be charged on the goods manufactured prior to 1-3-2011 even if they are removed on or after 1-3-11.  

According to my opinion rate of excise duty shall be levied at such which is prevalent on the date of removal of goods. Hence such goods should be subjected to additional excise duty. 

Replies (1)

Dear Mritunjay !

I'm confused from ur Answer, since in the first para u talked about Non leviability of Excise Duty on the Goods manufactured before 01/03/2011. And in the second para u said the Goods shall be levied the Additional Excise Duty...

As per my opinion answer to ur question is explained here below:-

1-Excise duty is levied on the Manufacture of Excisable goods in india not on the removal of goods, therefore there is no Question of Leviability of E.D if Goods are manufactured before 01/03/2011

2-As far as Additional duty of Excise is concerned , If the Basic duty is not levied , No question of Add E.D leviability

For Levy of Excise duty 4essentials must be there

1-Goods should be manufactured

2-The goods manufactured must be mentioned in the CETA with a Rate.

3-these must be Movable

4-these must be Marketable 

I hope u get what u want...!

Manish Arya :-)

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