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TMI BlogApplicability of CAS-4 for Sale of goods from Warehouse.X X X X Extracts X X X X X X X X Extracts X X X X ..... Applicability of CAS-4 for Sale of goods from Warehouse. X X X X Extracts X X X X X X X X Extracts X X X X ..... affixing same price which is at factory only. Now the Excise Dept asking for CAS-4,certification from Cost Accountant .is it required? Thanks in advance. Reply By KASTURI SETHI: The Reply: Sh.Suresh Angela, What is the product ? Reply By YAGAY AND SUN: The Reply: In our view, it is not required as CAS-4 is required only for captive consumption scenarios. Reply By KASTURI SETHI: The Reply: ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... With due respect to M/s.YAGAY AND SUN, I agree to the extent that CAS-4 certificate is not required if ONLY sale of goods is involved but in this case it appears that the party is engaged in the manufacture of some product. So Cost Structure Certificate of any finished product can be called for by the Department not only for the products consumed captively but also for any excisable product bein ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g manufactured by an assessee. Cost structure of any product is required for cross verification of the information/documents and other records by the department with an intent to plug the leakage of revenue, if any. Reply By YAGAY AND SUN: The Reply: Dear Suresh, It is clear from your query that you are manufacturing excisable Products and Sending to your Warehouse and in warehouse, packaging ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is being done and the same price is being adopted at which duty was paid at the time of removal from your factory premises. In this scenario neither Rule 7 nor Rule 8 of the C.E. Valuation Rules applicable as you are removing goods from warehouse but there is no price variation and goods are not even transferred to your other unit for further manufacturing. Principle of payment of duty on the bas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is of nearest point of time as applicable in goods sold at higher price from the depots would not applicable in this matter. Please read the both Rules for better understanding. Hence, in our view after going through the factual and legal position, no need to obtain CAS 4 from Cost Accountant. You may further have discussion with the concerned authority by referring our views in this matter and d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iscuss with us if the Department have any other view to substantiate the need of CAS-4.
We remain.
Regards,
YAGAY and SUN
(Management, Business & Indirect Tax Consultants)
Reply By KASTURI SETHI:
The Reply:
M/s.YAGAY AND SUN,
I agree with your reply dated 1.10.15. X X X X Extracts X X X X X X X X Extracts X X X X
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