12Feb

Transfer CG to Subcontract Location

Posted by Narayanan Kutty

Dear Sir, We have imported one new capital good machine recently. Now we have decided to send this to our sub-contractor premise for processing the sub contract work for us. In this connection, we would like to know your valuable opinion for the following matter; 1. What is the procedure / document to be used for this transfer? 2. How long we can keep this CG in Sub contractor premise? 3. Can we avail the CENVAT Credit when it is not in our possession? 4. Any other things to be done Rgds, NK

It is assumed that the capital goods are sent to ajob worker for the manufacurere of intermediate goods for the manufacture of final...

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10Feb

DEALER EXCISE BILLING-IS PURCHASE DETAILS MANDATORY?

Posted by DEEPA

Is it necessary to show the purchase details while issuing cenvat invoice to customer. Is there an option to not to disclose the purchase information like supplier name and address,purchase quantity etc. in the cenvat invoice.?

the relevant provisions for availing cenvat credit for dealer invoices are Rule 9(1)(a)(iv), 9(2) and 9(4) of Cenvat Credit Rules 2004....

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15Jan

ST Exemption

Posted by Rakesh Sangwan

Sir, Admission fee charged by an educational institution is exempted, whether donations charged for admission taxable?

As per clause 9 of Not.No.25/2012ST dated 20.6.12 as amended, service provided (a) by an educational institution to its students, faculty...

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04Dec

ER-4

Posted by Narayanan Kutty

Dear Sir, Please let me know who needs to File ER-4. Is it for the assesses who are paying Excise duty 1 crore or more per annum through only PLA? or both PLA & CENVAT together? What would be the late filing penalty for ER-6? Rgds, NK

The Annual financail information statment is to be filed under rule 12(2)(a) of CER 2002 and exemption from filing is granted vide...

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23Nov

Sales Return

Posted by Jimmy Jose N.J.

Our one customer had returned (Sales Return) 1000 numbers of relays to us due to quality issue. We had taken the CENVAT credit of the same at the time of receipt the goods with sales return invoice. Our QA department verified the same in that 750 numbers are good and invoiced and about 250 numbers are going to be scrap. Sir, what is the procedure for this type of scrap sale in excise point of view.

The cenvat credit for the returned goods have been taken as per rule 16(1) of Central excise rules 2002. Further it should be removed under...

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20Nov

Operating trading and manufacturing unit under same premises

Posted by Shincy Jose

We are registered assesee having Central Excise Reg for manufacturing and trading unit. we are moved to a new premise.Now both the manufacturing and trading unit are operating under same premise. Our jurisdictional superintendent has denied our reg on tthis ground. kindly provide the provisions relating to this kind of operation under central excise and also the penalty chargeable. How the CENVAT credit utilization will affect.?

In Central Excise registration for the premises of operation. Hence same premises can not be used for two operations like manufacturing and...

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20Nov

Operating trading unit and manufacturing unit under same premise

Posted by Shincy Jose

We are manufactures and dealers having separate registration in Central Excise. As part of our company's expansion policy our office has been shifted to a new premise. Both the manufacturing and trading unit are now come under the premise. Superintendent of Central Excise has denied our registration upon the fact that both the units are under same premise. Kindly provide us with provisions relating to operating trading unit and manufacturing unit under same premise. Also please provide the various penalty imposing upon such operation. Utility of Cenvat Credit on such operations

In Central Excise registration for the premises of operation. Hence same premises can not be used for two operations like manufacturing and...

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20Oct

Finished Goods Disposal

Posted by Narayanan Kutty

We are having two types of FG stocks. 1. Non cleared FG. 2. Initially Cleared FG bought to the factory due to some specific reasons. In the second point, these are the goods on which duty had been paid at the time of removal thereof are bought to factory for being repaired or due to Quality Complaints or non acceptance by the Customer. We had taken the CENVAT credit of the duty paid for such receipt and had utilized this credit for payments. Now we have a huge inventory of such receipts due to the following reasons; i) Certain receipts are not repairable. ii) Remaining receipts are repairable but no demand from Customer. The first point is related to obsolete or nonmoving items. In these two cases, kindly advise us about the mechanism/procedures to be adopted to dispose these stocks. Any permission to be obtained from Central Excise for the disposal? Destruction of goods procedures is applicable for both cases? Is it allowed to clear under Scrap category? We are

You have rightly availed the credit under Rule 16 of CE Rules 2002 for the duty paid on the returned goods. Now the goods returned should...

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15Sep

APPLICABILITY OF TAX ON RENTING SERVICE

Posted by PRIYA K M

A service provider is giving their buildings to both business and non business entities. whether Service tax is payable on those cases where the property is given to non business entity.

Till 1.7.2012 renting of immovable property was taxable under section 66 read with sec.65(105)(zzzz) of Finance Act 1994. From 1.7.2012...

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04Sep

Shifting of Premises under Central Excise Law

Posted by Shincy Jose

Sir, kindly describe the procedures for shifting of premises under Central Excise, as it requires surrender of existing registration, then in which address the invoices can be registered during the period between surrendering of certificate and issue of a new registration. also please clarify regarding the CENVAT Credit taken on input goods lying at the premises at the time of shifting

Since the registration under rule 9 of CE rules is for premises, there is no prescribed procedure in Not.No.35/2001CE(NT) dt.26.6.2001...

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