Advocate- Tax
7811 Points
Posted on 05 January 2009
Well Rajeev, Excise Law is not concerned with your packing. You can pack any quantity as per your commercial requirement, and excise law has nothing to do with it.
However, if your packing is a retail packing, i.e. to be sold to retail consumers as pre packaged commodity; you need to follow Standard of Weights & Measures Act and Rules made thereunder. Standard of Weights & measures (Packaged Commodities) Rules gives various requirements of pre packaged commodity intended for retail sales.
If you are covered under these rules, and a notification has been issued under Section 4A of the Central Excise Act, the valuation for the purposes of Central Excise duty will be done as per Section 4A of the Central Excise Act.
There is no prohibition under Excise Law to sell same product at different prices to different consumer or to same consumer at different time. Valuation will be done accordingly.