If Finished Goods (final product) is captively consumed in relation to manucature do I need to issue excise invoice for record purpose (this of course will be without payment of duty as per Notification 67/95) ?
Ambadas (Asst Manager - Excise) (139 Points)
29 July 2010If Finished Goods (final product) is captively consumed in relation to manucature do I need to issue excise invoice for record purpose (this of course will be without payment of duty as per Notification 67/95) ?
Prabhat Kumar
(Advocate & Consultant)
(1912 Points)
Replied 06 August 2010
The valuation of the goods which are captively consumed by the assessee will be taken at 110 % of the cost of manufacture of the goods.
[Rule 8 of the Central excise valuation (Determination of price of excisable goods rules 2000)] the goods is required to be removed after discharging the duty.
Ambadas
(Asst Manager - Excise)
(139 Points)
Replied 07 August 2010
One of my collegues comments are as under:
There is no need to prepare an Excise Invoice for 'captive consumption' for finished components / products because :
1) Exemption Notification, for Captive Consumption, No. 67/95 does not specify any requirement of preparing an Excise Invoice.
2) Rule 5 of the CER 2002, on 'Date for determination of duty and tariff valuation' states that : Explanation - If any excisable goods are used within the factory, 'the date of removal of such goods' shall mean the date on which the goods are issued for such use.
From the wording of this Rule, it is very clear that the 'issuing document' is acceptable for accounting the 'quantity issued' and no excise invoice needs to be prepared.
3) Rule 11 of the CER 2002 states that : No excisable goods shall be removed from a factory or ................ except under an invoice ......................
From the wording of this Rule, it is clear that when the excisable goods are removed from a factory then only excise invoice needs to be prepared. When the rule is silent about the removal within the factory, it is evident that no excise invoice needs to be prepared.
Considering legal position at Sr. Nos. 1 to 3 above, it can be concluded that there is no need to prepare any excise invoice for captive consumption.
CA. Ritesh Kashyap
(Chartered Accountant)
(54 Points)
Replied 11 August 2010
I AGREE WITH THE COMMENT OF AMBADAS COLLEAGUE
Dharam Singh
(Manager - Commercial & MPL)
(32 Points)
Replied 27 September 2012
Agree on the above opinion
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