06 September 2011
when a manufacturer is availing benefit of 8/2003 for exemption of value based clearances of 150 lacs per year, he is not entitled to pay duty upto 150 lacs.
as asked, he is also trading of goods( may be of similar nature )
as per excise - such similer nature duty paid goods must not be brought / stored in to the factory of manufacture, unless the AC/DC has granted specific permission to do so.
if both the goods ( manufactured and traded) are billed to buyer in common invoice, then its burden upto manufacturer to establish the source of traded goods, through their purchase bills, and to establish the source of manufactured goods by production register maintained by factory.
in absence of proper records, department will consider the goods as manufactured by factory.