Ssi exemption

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My unit is a normal taxpayer unit. Can I avail SSI exemption for part of a financial year, if my turnover in the preceding F.Y. is less than the 1cr?

Say, can I avail SSI exemption from the 1st of May, if I took cenvat credit & paid duty on clearances made upto 30th of April?

My unit is already registered with excise, it's clearly mentioned that it's a 'normal taxpayer unit'. Please reply only if you know the answer to my question, alongwith reference.

Additional Details: In similar scenario, a manufacturer applied for SSI exemption in mid-April of year 2011 through ACES. System acknowledged & so far no officer has raised objection. They paid duty on normal clearances till that date & reversed (paid) Cenvat credit on raw materials, semi finished & finished goods lying in their stock.

They file ER3 return regularly through ACES, if there was a problem, wouldn't the officers serve them show cause notice?

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Replies (9)
Dear amit ssi exemption is given to those entities whose gross turnover is below 150lakhs(1.5crore) so yes you can take registration as ssi. I suggest you to take a proper consultation on the same as there are many procedures to register in excise. Also please check the classification of your finished products. I hope the answer will solve your query.
SSI exemption has to be availed at the beginning of the FY. Once duty of excise is paid under normal provision then SSI exemption cannot be claimed for part of the year
Dear first of all note that if your removal of goods from factory in preceding financial year is less than 4 crore than during the year u r eligible to claim SSI exemption AT THE BEGINNING OF YEAR and the same is available up to 1.5 crore during the financial year. so one the option excercise cannot br revoked...
But in the present case duty is already paid for one month under normal provisions and as such SSI exemption cannot be availed

For availing SSI exemption 8/2003 .. 2 conditions are required to be fulfilled :

1. The final Product you manufacture is a Specified Product 

2. Clearances in the preceeding Financial Year does not Exceed 400 Lac 

 

Furthermore, this SSI Exemption can only be availed at the starting of the financial year .. so u can avail if From 1St April onwards because the 8/2003 clearly states that FIRST CLEARANCES OF AGGREGATE VALUE OF 150 LAC are exempt form duty... so i guess when you already have made removal of goods in April .. so the clearances made from May onwards aren't FIRST CLEARANCES on/after 1st april in any financial year .

SSI Exemption can be avaed from the beginning of the year (1.4.yyyy). We can not change the options in the mid of any fin. Yr.
I agree with prashant n same reply has been awarded above

SSI

Said Notification No. 08/2003 dt. 01/03/2003

Same w.e.f. Notification no. 08/2007 dt. 01/03/2007.

Turnover from 1st April to be considered even if option availed from middle of year;

Choice of option of availing benefit of SSI exemption notification of paying normal duty and availing Cenvat on inputs can be made any time during the year. However, one it makes a choice, the options cannot be changed during the year any circumstances. The SSI unit can change the option only 1st April next year. Even when the option is made in middle of the year, all turnovers from 1st April onwards will be consider for calculation the limit of Rs. 150 lakhs.    

Case Law CCE vs Sellammal Spinners 1998(104) ELT 685 (CEGAT)

Sir M totaly confuesd on this problem please solve IN PFY MY REMOVAL FROM FACTORY IS LESS THEN 4 CRORE(01.04.2011 TO 31.03.2012)

ON 01.04.2012 Assesse removed goods and pay excise duty and on second removal as on 07.04.2012 he avail the exemption and not paying excise duty is it possible?

Option not to avail the exemption ones excersied can not be withdrawn from the remaning part of the financial year in above case assesee removed goods from factory as on 01.04.2012 and paying excise duty

 is it mandatory for assesee in whole year to remove goods from factory paying excise duty???? 

Because in first clearances asessee not avail the exemption?


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