Query on Excise of ca final

Sushant Lohani (CHARTERED ACCOUNTANT) (1051 Points)

24 July 2010  

1)Suppose the assessee has paid excise duty at 20.6% when the price cum duty was Rs 196350.Subsequently, it was found that the rate of duty was in fact 30.9% and the assessee has not collected anything over and above Rs 196350.So what will be the Assessible value. Is it a)196350/1.309 or b)196350/1.206   I think it’s second option, but am not sure. Plz clarify.

2) Om Ltd made the following clearances of fans(notified under 4A) manufactured by it during april,may 2009.

Unit cleared                    Date of removal                         RSP declared p.u.

4000                                  15 aprl                                      1500

5000                                  29 apr                                         1400

10000                              1 may                                         -

1000                            10 may                                             1600

12000                           31 may                                          1550

What will be the consequences and the RSP resulting from this: When  fans were removed without declaring RSP value on 1.5.2009. Is the answer 1600rs or  Rs 1400 and why?