Dear Members,
I have one query regarding excise duty liability on electricty.
Q1. Whether excise is applicable on electricity
Q2. if applicable then who are liable to pay excise duty in case of production of electricity.
Saroj Rout (CA FINAL) (120 Points)
30 November 2010Dear Members,
I have one query regarding excise duty liability on electricty.
Q1. Whether excise is applicable on electricity
Q2. if applicable then who are liable to pay excise duty in case of production of electricity.
U S Sharma
(glidor@gmail.com)
(21056 Points)
Replied 30 November 2010
electricity generation and sale is governed by Central Province and Berar Electricity Duty Act, 1949, associated with state laws, and excise has nothing to do with it.
JEEVAN KUMAR JAIN
(MANAGER ( ACCOUNTS ))
(55 Points)
Replied 01 December 2010
Excisable goods are defined under Section 2(d) of the Central Excise Act, 1944 as “goods specified in the First Schedule and the Second Schedule to the Central Excise Tariff Act, 1985 as being subjected to a duty of excise and includes salt”. Electricity is though specified in the CETA under Tariff Item 2716 00 00 but the same is presently not being subjected to any duty of excise and, therefore, it does not come under excisable goods. Since it is not excisable, the question of being chargeable to NIL rate of duty or being exempted goods does not arise.
Jeevan Kumar Jain
NARAYAN
(Ca final)
(40 Points)
Replied 17 December 2010
Hi,
According to my opinion
Input includes even electricity and so if the electricity is used within the factory and used for production the excise duty can be availed and can be set off (Whether contained in final product or not)
Regards
Narayan
JEEVAN KUMAR JAIN
(MANAGER ( ACCOUNTS ))
(55 Points)
Replied 18 December 2010
Mr. Narayan,
Your answer is not relavant in connection with the query.
Regards,
Jeevan Jain
GSTR 9 and 9C for FY 23-24 as amended by Notification 12/2024 dated 10th July 2024(with recording)
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