Removal of goods from my premise & bring back

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If the company A (manufacturer of excisable goods) wants to remove the goods to the company B (also a manufacturer of excisable goods) for some purpose, say, for weighment of goods or bagging and loading, whether this can be done without payment of duty?

1) Company A will use gate pass to send material to company B for weighment or other purpose. 2) After the purpose is over, the material may return to company A or may be sold directly, but will be invoiced from company A after the purpose in company B is over. 3)  For using the facility in company B, company A will enter into an agreement with company B.  4) Company B will use separate stationeries for the activity carried for company A.

Can any one with good tax background give remarks whether the above is possible as per indian CE law? If not, what is the way for company A to send the material to company B for availing their facility and get back the material, all without payment of excise duty? pl help.

Replies (3)

Hello Prakash

Since the goods are being removed for subjecting them to some process (like weighment or bagging) it is apparent that they are not fully marketable at the time of Removal from factory A , and only after undergoing processes at factory B , they will be ready for sale. In my view it appears to be case of "Job Work" and factory B is a job worker for factory A. The procedure as applicable in case of goods being sent for some processing to job worker would have to be adopted. Please refer the  notifcation- 214/86-CEX and  CBEC circular for job work.

 

 

yes it is possible.

cenvat credit is also available to company A.

but if goods sent to company B has not come withing 180 days then credit will be payable.

refer rule 4 of cenvat credit

its basically a job work under rule 4(5) a


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