Dear All
Greetings of the Day....!
I have faced with the follwing problem under Central Excise.
Before discussing for the problem, let me brief me abou the company and its nature.
1. Company is a Manufacturer, and it sells the manufactured part to DTA, EOU, Exports and makes deemed export. For manufacturing the above part it procures the goods locally and Import from other country.
2. Company also imports the Finished products( i.e. Trading Parts) and sell it to customer.
3. Company having its manufacturing unit at Andhra Pradesh and its warehouse at Tamilnadu and Haryana.
The above manufacturing unit is registred under Central Excise Registration and the Warehouse is registered under Dealer Registraion.
4.Whenever the company imports the Finished goods it stores the goods at Tamilnadu warehouse or Haryana Warehouse according to the demand of the customer.
Whenever the finished goods produced at Factory that will be moved to the Warehouse Immediately and the Excise Duty Paid on the goods under Stock Transfer Valuation method.
5. The 95% Sales of the Company both the trading and Manufactured goods will be made from the Warehouses and 5% from the Factory gate, that is also for the urgent requirements.
With the above back ground i ll brief the Problem as follows.
1. Stock Transfer
Company removing the Goods from Factory to Warehouse under Manufacturer Registration under stock transfer.
The place of removal is being the factory, valuation made under Central Excise Valuation Rules for Normal Transaction Value and the appropriate duty is paid on that at the time of removal.
The product which is transfered to warehouse is sold to multiple customer at different prices. When selling to customer the company collected the Excise Duty on the Multiple Prices.
The collected Excise Duty may be more or Less. if the Collected ED is more, whether the company is under an obliligation to pay the Excess collected ED to Department with Interest.?
2.Returns
Now for the above scenario company is filing only the Returns under Manufacturers Registration,it has not filed the returns under Dealer Registration. Now whether Company have to file the dealer returns.?
3.Selling of Trading Parts
The Company is importing the Trading Finished goods and while importing the goods company is paying the Customs duty and the part of custom duty the company paid i.e CVD and SCVD it has to pass to customer by mentioning the Import Details in the Invoice.
In the above case is it mandatory to pass the duty credit to the Customer ?
Is it possible to pass the duty to customer without mentioning the import details and by charging the rate of Duty applicable ,like a Normal Sale invoice made for Manufactured goods.?
Whether for the above case i ll be trated as an importer or First Stage Dealer.?
If i am treated as an importer whether i have to file the returns under central excise.?
4.Sales to Export oriented Unit
Our company is making sales to Export Oriented Unit by charging the Excise Duty on that by giving the dealer registration on that. But my customer advising us not to sale under Dealer Registration but to sale under Manufacturer regiastration. So that my customer can procure the goods Tax free by issuing the CT-2 form for Central Excise and Form H for VAT.
In the above scenario i want to know the rules and the procedures for making the sales to Export Oriented Unit.?
CAclubindia
