CA Ganesh chandawar (Manager) (32 Points)
11 March 2016
Venkatanarayana GM
(Partner associate at Hiregange & Associates)
(1279 Points)
Replied 12 March 2016
Dear sir,
As per Rule 6 of Central Excise Valuation Rules,
Extract " 6.Where the excisable goods are sold in the circumstances specified in clause (a) of subsection (1) of section 4 of the Act except the circumstance where the price is not the sole consideration for sale, the value of such goods shall be deemed to he the aggregate of such transaction value and the amount of money value of any additional consideration flowing directly or indirectly from the buyer to the assessee.
Provided that where price is not the sole consideration for sale of such excisable goods and they are sold by the assessee at a price less than manufacturing cost and profit, and no additional consideration is flowing directly or indirectly from the buyer to such assessee, the value of such goods shall be deemed to be the transaction value.
2[Explanation 1 -]2 For removal of doubts, it is hereby clarified that the value, apportioned as appropriate, of the following goods and services, whether supplied directly or indirectly by the buyer free of change or at reduced cost for use in connection with the production and sale of such goods, to the extent that such value has not been included in the price actually paid or payable, shall be treated to be the amount of money value of additional consideration flowing directly or indirectly from the buyer to the assessee in relation to sale of the goods being valued and aggregated accordingly, namely:-
(i) value of materials, components, parts and similar items relatable to such goods;
(ii) value of tools, dies, moulds, drawings, blue prints, technical maps and charts and similar items used in the production of such goods;
(iii) value of material consumed, including packaging materials, in the production of such goods.
(iv) value or engineering, development, art work, design work and plans and sketches undertaken elsewhere than in the factory of production and necessary for
Page 2 of 4The Central Excise Valuation (Determination of Price of Excisable Goods) Rules, 20 ...
the production of such goods.
3[Explanation. 2– Where an assessee receives any advance payment from the buyer against delivery of any excisable goods, no notional interest on such advance shall be added to the value unless the Central Excise Officer has evidence to the effect that the advance received has influenced the fixation of the price of the goods by way of charging a lesser price from or by offering a special discount to the buyer who has made the advance deposit.
Illustration 1.- X, an assessee, sells his goods to Y against full advance payment at Rs. 100 per piece. However, X also sells such goods to Z without any advance payment at the same price of Rs. 100 per piece. No notional interest on the advance received by X is includible in the transaction value.
Illustration 2.- A, an assessee, manufactures and supplies certain goods as per design and specification furnished by B at a price of Rs. 10 lakhs. A takes 50% of the price as advance against these goods and there is no sale of such goods to any other buyer. There is no evidence available with the Central Excise Officer that the notional interest on such advance has resulted in lowering of the prices. Thus, no notional interest on the advance received shall be added to the transaction value.
By virtue of this, you may have to include all free supply of goods in valuation of final goods cleared.
Venkatanaryana GM
9620116162
venkat @ hiregange.com
Madhukar N Hiregange
(Chartered Accountant)
(39034 Points)
Replied 13 March 2016
The value of the free issue material needs to be included in the value of finsihed product manufactured. The credit on such inputs/ components could also be included is enabled.
The invoice would say as under:
Basic Value Rs. 100
FOC Value - 150
Assessable Value ( 100+ 150)
CED on 250 @ 12.50 - Rs. 31.25
CST @ 2% on (100+ 31.25)
Agaainst Form C Rs. 2.62
Total Bill = 133.92
Ganesh Kuppast
(audit assistant)
(38 Points)
Replied 14 March 2016
Sir,
Greeting for the day...
with respect to Above example...
why dont we raise invocie for : 250+31.25+5.625=286.87
because since the manufactrurer has received the free samples from x , x can be charged to z , i mean to say , there is revenue loss to the extent of FOC in case of X..
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