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Cancelation of Trading Invoice

Ram kr. (Buisness) (883 Points)

15 June 2009

Dear Experts,

1. We are manufacturer and want to cancel Trading Invoice. Does any intimation required to excise department for cancelation the invoice.

2. Secondly we have purchased Trading goods and want to export sale with payment of duty. What will be the duty amount. Should we charged duty amount equal to purchase amount or present rate charged on sale value.

Thanks

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6 Replies

Rajesh Kumar (Advocate- Tax) (7806 Points)
Replied 17 June 2009

Cancel trading invoice? If it relates to non excisable goods, i.e. it is not an excise invoice, no intimation is required.

If you want to export inputs received in your factory, at the time of export you need to clear the goods after payment of duty amount equal to the cenvat credit taken, which you later get back as rebate.

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Ram kr. (Buisness) (883 Points)
Replied 17 June 2009

Dear Sir,

1.Non excisable goods means ? We have purchase boxes which is used for packing that is excisable goods. We do not take cenvat credit this type of boxes and sale the material without payment of duty out side india. Will this type of sale is treated as a Trading Sale.

2. If we want to export this type of boxes with payment of duty then it is also treated as Trading sale. Pl. tell the procedure to get rebate.

Thanks

Vijay K. Agrawal (Service) (608 Points)
Replied 18 June 2009

Dear Ram

1A. Non Exisable goods mean , whih are not chargeable to tax as per central excise act and rules. for ths purpose you have to see tariff.

1B. it looks that you are using these packing material for packing other material and which is export by you.hence identity of the transaction will be determined with reference to the material you are exporting. if it is trading material, it will be trading sale or if it is manufactuyred goods, then it will not be trading sale

2. if you sale these purchased box only then it will be trading sale.for filing refund claim for rebate of excise duty pl read section 11B of central excise with Rukle 18 of central excise rule 2002, notification no. 40/2001(N.T>. however i am breafing as under.

- I am assuming you are regularly doing Export, then up to filing of ARE with Rangewith custom stamped copy, you know this procedure.

- Claim of the rebate of duty shall be lodged along with original copy of the application to the Assistant Commissioner of Central Excise or the Deputy Commissioner of Central Excise having jurisdiction over the your factory

-The Assistant Commissioner of Central Excise or the Deputy Commissioner of Central Excise of Central Excise having jurisdiction over your factory shall compare the duplicate copy of application received from the Officer of Customs with the original copy received from the exporter and with the triplicate copy received from the Central Excise Officer and if satisfied that the claim is in order, he shall sanction the rebate either in whole or in part.

Pl note you have to attach all document while claiming refund, like shipping bill, invoice copy etc.

Regards

Vijay agrawal

Ram kr. (Buisness) (883 Points)
Replied 18 June 2009

Our purchasing cost of trading input is less then trading sale . What will be the duty amount? It is equilent to purchasing cost or calculate on sale amount. We want trading export with payment of duty.

Thanks