If at the time of manufacture goods were excisable but before removal goods became NON EXICISABLE.Whether duty will b payable and if yes what will b the rate of duty? Eg Date of manufacture- 14%
Date of removal- goods not mentioned in CETA.
Ayyswariya RG
(Knowledge Seeker)
(3711 Points)
Replied 08 August 2010
According to the rules, excise duty gets attracted wen the goods are removed from the place of manufacture. Being this the case, here the goods becomes non excisable and no need to pay excise duty. Exempt
Prabhat Kumar
(Advocate & Consultant)
(1912 Points)
Replied 09 August 2010
The duty is payble on removal of exisable goods. in your case the goods is not exicable at a time of removal hence no duty is required to be paid.
CA. Ritesh Kashyap
(Chartered Accountant)
(54 Points)
Replied 11 August 2010
AS PROVIDED IN FACT THE GOODS WERE EXCISABLE AT THE TIME WHEN IT WAS MANUFACTURED AND HENCE THE DUTY LIABILITY ATTRACTED HOWEVER AT THE TIME OF REMOVAL IT HAS BEEN REMOVED FROM CETA. THE DUTY LIABILITY STILL STAND ATTRACTED AT THE RATE AND VALUTION IN FORCE AS ON THE LAST DATE OF LEVY.
IF THE LAST RATE WAS 14% BEFORE REMOVAL FROM CETA THEN 14% WILL BE THE RATE AT WHICH DUTY WILL BE LIABLE TO BE PAID.
FOR REFERENCE PLEASE REFER "VAZIR SULTAN TOBACCO-SC" CASE
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