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Joined January 2010
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Originally posted by : Pradeep Kumar Banduni |
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Hi,
If a trader will purchase the goods from excise un-registered mfg. firms with own brand logo then who is the liable to pay the duty as manufacturer is unregistered and not paying any duty on the product.
Regards
Pradeep Kumar Banduni |
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1) goods are manufactured by SSI unit availing 1.5 cr exemption
2a) brand name is of somebody who is eligible to pay duty ( non ssi)
2b) brand name is of somebody who is not eligible to pay duty
3a) manufacturer fixed the brand and cleared as branded goods
3b) manufacturer fixed the brand but cleared the goods as unbranded
A) situation 1+2a+3a = manufacturer can not use his SSI capacity and has to pay duty on such clearance from Rs 1/-
B) situation 1+2a+3b= manufacturer will deny that the brand was not communicated to him and he knows nothing about it , and brand owner would get liable to pay duty for affixing his brand as deemed manufacturer for fixing the brand.
C) situation 1+2b+3a = no impact as manufacturer as well as brand owner both are exempted, here the manufacturer has to get a excise tax status of brand owner, with undertaking that if duty is levied, the brand owner will pay the duty component.
D) situation 1+2b+3b = No impact as both are exempted.