Which excse duty will aplicable for rate difference bill

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Sir,

We are supplying the automobiles parts to an automobiles co. we had supplied some parts during the time of Jan- 2014  to March-2015, now automobile company has increased & amended the purchase order retrospectively the price of our parts supplied to them from  our co.

Now, we have to raise the supplementary invoice due to the rate revision for duty difference but, the rate of excise duty has been change from 12% +EDU CESS 2% + S&H CESS 1% to BED 12.5 % from 01.03.2015.,   So if today, I want to raise the Excise invoice what should be the rate of Excise duty i.e 12%+2%+1% or 12.5 %.

Pls. give your opinion on the issue with supporting rules, regulation, case law etc.

 

Replies (2)

Applicable rate will be 12.36%. as per Rule 5 of central excise rules,2002.

Rule 5.  Date for determination of duty and tariff valuation. -

(1) The rate of duty or tariff value applicable to any excisable goods, other than khandsari molasses, shall be the rate or value in force on the date when such goods are removed from a factory or a warehouse, as the case may be.

The rate of duty wouldbe 12.36% as applicable on the date of removal. You may have to pay the interest for the intervening period. 

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