Bookmarks   Feedback   Annual Subscription   New User   Login  
Tax Management India .com   
   TMI - Tax Management India. Com   
WITH GST CONSTITUTIONAL AMENDMENTS, WHAT NEXT ?    *    Companies Act, 2013-25 Key Highlights    *    status foodgrain pulses and oilseed    *    Service tax exemption for transportation of life saving medicines    *    Applicability Of Service tax on Liquidated Damages    *    Goods and GST Bill passed    *    CENVAT CREDIT    *    Excise Cenvat credit on Electricity Power bill    *    Employees sent on deputation to subsidiary/ associate companies (Service Tax)    *    GLOW SIGN AND HOARDING    *    Regarding cenvat credit on service tax on rent a cab    *    Potato Chips as Namkeen    *    Central Excise Exemption of ₹ 150 Lakhs    *    Cenvat credit on water treatment plant    *    Cenvat Credit - refund - export of services - The registration is not the sole criteria for granting refund, so long the other conditions are satisfied, refund shall be granted - Tri    *    CENVAT credit demo cars capital goods input nothing is demonstrated today that a demo car falls in any of the Chapters dealing with capital goods - credit cannot be allowed - Tri    *    Period of limitation - in case duty was required to be paid on the strips, the appellant was entitled to avail credit of duty paid on the granules, which would have neutralized the entire demand on the strips - in this Revenue neutrally background, there could be no malafide on the part of the appellant to evade duty - Tri    *    Validity of statutory provisions - Imposition of penalty on company and directors - he legislature while in view of such situation has granted discretion to the executive, at the same time, provided for sufficient guidelines and safeguards so that such discretion does not convert into arbitrary or discretionary exercise of powers - HC    *    Strengthening Our Debt Markets (Dr. Raghuram G. Rajan, Governor - August 26, 2016 - at Annual Day Address to Foreign Exchange Dealers Association of India, Mumbai)    *    Violation of Clause 49 of the Listing Agreement - whole Time Director chaired the Audit Committee Meeting - levy of penalty of ₹ 5 lac cannot be said to unreasonable or excessive - SAT
Discussions Forum
Home Forum Central Excise
← Previous Next →

Rate of Excise duty in case of Supplementary Invoice - Central Excise

#1 Issue Id: - 4138
Dated: 8-5-2012
By:- Sanjay Sharma
Rate of Excise duty in case of Supplementary Invoice

  • Forum

Rate of Excise duty in case of Supplimentary Invoice

Dear Sir,

We are supplying the automobiles parts to an automobiles co. we had supplied some parts during the time of Jan- 2012 to March-2012, now automobile company has increased & amended the purchase order retrospectively the price of our parts supplied to them from  our co.

Now, we have to raise the supplementary invoice due to the rate revision for duty difference but, the rate of excise duty has been change from 10% to 12% from 17.03.2012.,   So if today, I want to raise the Excise invoice what should be the rate of Excise duty i.e 10 or 12%.

Pls. give your opinion on the issue with supporting rules, regulation, case law etc.



Sanjay Sharma

Post Reply

Posts / Replies


#2 Dated: 8-5-2012
By:- raj kumar shukla

Rate of duty would be rate prevailing at the time of clearance of excisable would be 10% in your case. see rule 5 of central excise  note that at the time of issuing supplementary invoices, no goods are being cleared.

#3 Dated: 8-5-2012
By:- Pradeep Khatri

You may have to pay the interest while raising the Supplementory invoice.

#4 Dated: 8-5-2012
By:- vijay kumar

Yes. Rule 5 of Central Excise Rule, 2002 is the governing rule and accordingly, you should pay duty @ 10.3% along with interest from the due date till the date of payment. Your customer can take credit of the duty paid by you in terms of Rule 9 of Cenvat Credit Rule, 2004 wherein supplementary invoice is a prescribed document to avail the credit.

#5 Dated: 11-5-2012

Rate of duty at the time of removal of good is relevent i e clearance from factory.You may refer the Supreme court judgement in Wallace Flour Mills com ltd vs CCE (1989 (9) TMI 106 - SUPREME COURT OF INDIA)=44 ELT598C also confirmed in Newman Press case .

 In the above case the rate at the time of removal was 10% .Any retrospective amendment in PO does not change the dare of removal .Hence rate will be 10% on supplies relating prior to 17.3.2012 .In my view you should raise supplementry bills immediately on issue of amendment by OEM so that liability is discharged before the due date i e up to 5th of next month and no interest shall be leviable on the same

Post Reply


← Previous Next →
what is new what is new

Advanced Search

Latest Updates




More Options


|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map || ||

© [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version