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CENTRAL EXCISE. Facts of the case: The assessee was the manufacturer of the white cement. He repaired his lead to non-levy of excise duty under the Central Excise
Ultratech Cement Ltd vs Commissioner Of Central Excise, ... on 30 January, ... in the instant case, the assessee had cleared the cement in packaged form since from January 2008 to March 2008. ... 1977 to the effect that they have been exempted from declaring the retail sale price on the packages under the said Rules in respect of the said goods.
For the purpose of the ad valorem component, the value would no longer be the retail sale price but the transaction value determined under section 4 of the Central Excise Act, 1944. Similarly, rates of duty applicable to cement manufactured by mini-cement plants have been revised from specific rates to either ad valorem or ad valorem + specific rates with some reduction.
Head Note / Extract: Interpretation of statute - rule 3 of Central Excise Rules - Provisions Applicable to Packages Intended for Retail Sale - Method of Valuation - wall putty in packages of 40kg - to be valued under section 4 of the Central Excise Act, 1944 or under section 4A of the Excise Act?
In case any of the above conditions is not satisfied ,then value will be determined in accordance with the Central Excise Valuation ( Determination of Price of Excisable Goods ) Rules,2000 (c ) Duty based on MRP: Statutory requirements of declaring retail sale price on the package of notified excisable goods is a pre-requisite for applying section 4A.
Note: As Per Central Excise Act, in all the reports relating to stock items are required to be indicated with the relevant Unit of Quantity as specified under Central Excise Tariff Act. The Applicable Unit of Quantity for Cement is ‘Kg (Kilograms)’, so it is must to select KG as the Reporting UOM.
The central Government has notified, w.e.f. 1.3.2008, Central Excise (Determination of Retail Sale price of Excisable Goods) Rules, 2008 to provide for the manner of determination of retail sale price where the same is not declared on the packages or tempered or altered.
- For the purposes of this entry, "retail sale price" means the retail price displayed by the manufacturer under the provisions of the Drugs (Prices Control) Order, 1995. 35. 31. 3204 20. Synthetic organic products of a kind used as fluorescent brightening agents or as a luminophores. 30. 32. 3206
Provided that the said exemption shall apply only in cases where such goods are produced using raw materials or semi-finished goods supplied by the client and goods so produced are returned back to the said client for use in or in relation to manufacture of any other goods falling under the First Schedule to the Central Excise Tariff Act, 1985 (5 of 1986), as amended by the Central Excise ...
Notification No. 49/2008-Central Excise (NT) dated 24.12.2008 Reg. abatement the percentage of retail sale price mentioned in the corresponding entry in column (4) of the said Table. ... of the Table below and falling under Chapter or heading or sub-heading or tariff item of the First Schedule to the Central Excise
Ultratech Cement Ltd vs Commissioner Of Central Excise, ... on 30 January, ... in the instant case, the assessee had cleared the cement in packaged form since from January 2008 to March 2008. ... 1977 to the effect that they have been exempted from declaring the retail sale price on the packages under the said Rules in respect of the said goods.
In this case excise liability, ... the term duties of excise are leviable under section 3 of the Central Excise Act, ... of such goods in a unit container or labelling or re-labelling of containers including the declaration or alteration of retail sale price on it or adoption of any other treatment on the goods to render the product ...
Central excise duty rates on cement and cement clinker are being revised as follows: ... All goods cleared in packaged form,- (i) of retail sale price not exceeding Rs. 190 per 50 kg bag or of per tonne equivalent retail sale price ... as the case may be, and sold under the name as specified in such books or pharmacopoeia (ii) ...
4A of Central Excise Act – Retail Sale Price Based Duty Introduction: ... (excluding cement and fertilizers sold in bags upto 50 kgs ... free samples/gifts/donations – Valuation to be as per section 4A [Circular no. 915/5/2010-CX., dated 19-02-2010]: In case goods falling under section 4A are given as free samples or gifts or donations ...
The central Government has notified, w.e.f. 1.3.2008, Central Excise (Determination of Retail Sale price of Excisable Goods) Rules, 2008 to provide for the manner of determination of retail sale price where the same is not declared on the packages or tempered or altered.
Further, such prohibitions on sale of physician‟s samples under Drugs Act does not affect the marketability of such samples. Restrictions under Drugs Act cannot affect imposition of excise duty under the Central Excise Act thereby causing loss of revenue. Therefore, physician‟s samples are liable to excise duty. Nicholas Piramal India Ltd ...
Central excise 1. CENTRAL EXCISECentral Excise is a levy (tax), levied on a commodity (manufactured within the country) by the UnionGovernment by an Act of Parliament (usually in the Finance Bill, in the presentation of the Budget in theParliament, generally on the last working day of February every year) by notifying under a Tariff.It is an indirect tax paid by the
Central Board of Excise and Customs (CBEC) is a part of the Department of Revenue under the Ministry of Finance, Government of India. It deals with the tasks of formulation of policy concerning levy and collection of Customs Central Excise duties and Service Tax, prevention of smuggling and administration of matters relating to Customs, Central Excise, Service Tax
When Cookies/Biscuits sold to bulk consumers like airlines/hotel industry and law does not require declaration of retail sale price on the package by the assessee specially under the Standards and Measurements Act, there is no reason to assess the product U/s 4A of the Central Excise Act, 1944 i.e. levy of Excise Duty on the Maximum Retail Price.
Notification No. 49/2008-Central Excise (NT) dated 24.12.2008 Reg. abatement the percentage of retail sale price mentioned in the corresponding entry in column (4) of the said Table. ... of the Table below and falling under Chapter or heading or sub-heading or tariff item of the First Schedule to the Central Excise Tariff Act, ...
Central excise duty rates on cement and cement clinker are being revised as follows: ... All goods cleared in packaged form,- (i) of retail sale price not exceeding Rs. 190 per 50 kg bag or of per tonne equivalent retail sale price ... as the case may be, and sold under the name as specified in such books or pharmacopoeia (ii) ...
Central Excise - Stay / dispensation of pre deposit - duty demand on clinkers used in the manufacture of cement cleared to SEZ units under dispute - on the identical issue in applicant's own case the Tribunal granted stay vide Order No.400932013 dated 8.01.2013 - pre deposit waived and recovery stayed till disposal of appea l.
19-03-2012 Cement is also being notified under section 4A, that is, retail sale price (RSP) based assessment with an abatement of 30% from RSP. II.PRECIOUS METALS: 1.At present, branded jewellery of precious metals attracts excise duty of 1%.
Statutory requirement of declaring retail sale price on the package of notified excisable goods is a pre-requisite for applying section 4A : The provisions of section 4A of Central Excise Act, 1944 would apply only if a particular product [on which declaration of the retail sale price is required as per the Legal Metrology Act, 2009] is also notified with abatement under provisions of the ...
Excise duty with reference to the Retail Sale Price with an abatement of 30%. (current rate 12% ad-vorum) Goods, such as lemonade and other beverages, are being notified under section 4A of the Central Excise Act for the purpose of assessment of Central Excise duty with reference to the Retail Sale Price with an abatement of 35%. Excise duty of ...
Further, such prohibitions on sale of physician‟s samples under Drugs Act does not affect the marketability of such samples. Restrictions under Drugs Act cannot affect imposition of excise duty under the Central Excise Act thereby causing loss of revenue. Therefore, physician‟s samples are liable to excise duty. Nicholas Piramal India Ltd ...
When Cookies/Biscuits sold to bulk consumers like airlines/hotel industry and law does not require declaration of retail sale price on the package by the assessee specially under the Standards and Measurements Act, there is no reason to assess the product U/s 4A of the Central Excise Act, 1944 i.e. levy of Excise Duty on the Maximum Retail Price.
A recent judgment of the Supreme Court, in the case of Jayanti Food Processing Pvt Ltd vs CCE (2007-TIOL-150-SC-CX), authoritatively holding that the applicability of the provisions of the Standards of Weights and Measures Act, 1958 (SWMA) and the rules made thereunder is a pre-requisite for the application of Retail Sales Price (RSP)-based valuation methodology under excise
Central Board of Excise and Customs (CBEC) is a part of the Department of Revenue under the Ministry of Finance, Government of India. It deals with the tasks of formulation of policy concerning levy and collection of Customs Central Excise duties and Service Tax, prevention of smuggling and administration of matters relating to Customs, Central Excise, Service Tax
Notification No. 49/2008-Central Excise (NT) dated 24.12.2008 Reg. abatement the percentage of retail sale price mentioned in the corresponding entry in column (4) of the said Table. ... of the Table below and falling under Chapter or heading or sub-heading or tariff item of the First Schedule to the Central Excise Tariff Act, ...
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