A PERSON WHO STORED EXEMPTED GOODS IN HIS GODOWN AND AT THE TIME OF REMOVAL OF THIS GOOD THE GOVERNMENT DECLARED AS EXCISABLE GOOD. IN THIS CASE THE SUCH GOOD IS LIABLE FOR DUTY OR NOT???
CA Dileep Surya Kumar
(B.com, ACA, CS)
(3789 Points)
Replied 10 April 2013
The levy is on manufacture, for administrative convenience collection is postponed till removal of goods.
Hence goods which were out side the purview of duty and bought by notification before removal would NOT chargeable for duty.
R.P.Singh
(Advocate & Consultant)
(1173 Points)
Replied 11 April 2013
In this particular case the person who is removing the goods who has to pay central excise duty. Because in Central Excise Law duty liability arose on removal of the goods, not on manufacturing of the goods. Kindly see the Rule 4 of the Central Excise Rules, 2002.
Landmark Judgments: Important Provisions of the EPF & ESI Act interpreted by the Honorable Supreme Court of India
CAclubindia
