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Seeks to notify the Articles of Jewellery (Collection of Duty) Rules 2016 applicable to articles of jewellery or parts of articles of jewellery or both falling under heading 7113 of the Central Excise Tariff Act 1985 (5 of 1986)

Central Excise - 34/2016 - Dated:- 26-7-2016 - GOVERNMENT OF INDIA MINISTRY OF FINANCE (DEPARTMENT OF REVENUE) Notification No. 34/2016- Central Excise (N.T.) New Delhi, dated the 26th July, 2016 G.S.R. 733 (E). - In exercise of the powers conferred by section 37 of the Central Excise Act, 1944 (1 of 1944), the Central Government hereby makes the following rules, namely:- 1. Short title, extent and commencement. - (1) These rules may be called the Articles of Jewellery (Collection of Duty) Rules .....

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see means a manufacturer or principal manufacturer, as the case may be, of excisable goods; (d) Board means the Central Board of Excise and Customs constituted under the Central Board of Revenue Act, 1963 (54 of 1963); (e) duty means the duty payable under section 3 of the Act; (f) articles means articles of jewellery or parts of articles of jewellery or both falling under Heading 7113 of the Tariff Act , wherein the expression articles of jewellery shall have the meaning assigned to it as under .....

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facturer, from any inputs or goods supplied by the principal manufacturer, so as to complete a part or whole of the process resulting ultimately in manufacture of articles. (i) principal manufacturer means every person (not being an export-oriented unit or a unit located in a Special Economic Zone or any person who gives his pre-owned gold or any precious metal, ornaments or jewellery for the purpose of being re-made or re-conditioned or gives precious stones for the purpose of being mounted) wh .....

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(l) traded articles means articles, on which appropriate duty (including nil duty) has already been paid at the time of their sale for the first time. (m) words and expressions used herein but not defined in these rules and defined in the Act shall have the meaning respectively assigned to them in the Act. 4. Date for determination of duty. - (1) The rate of duty applicable to the articles, shall be the rate in force on the date when such articles are sold for the first time by the manufacturer .....

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registered premises, during a month, shall be paid by the 6th day of the following month, if the duty is paid electronically through internet banking or by the 5th day of the following month, in any other case : Provided that in case of articles sold for the first time by the manufacturer or principal manufacturer, as the case may be, during the month of March, the duty shall be paid by the 31st day of March: Provided further that where an assessee is eligible to avail of the exemption under a n .....

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31st day of March, for which the duty shall be paid by the 31st day of March. Explanation-1. - For the removal of doubts, it is hereby clarified that, an assessee, engaged in the manufacture or production of the articles shall be eligible, if his aggregate value of clearances of all excisable goods for home consumption in the preceding financial year, computed in the manner specified in the said notification, did not exceed rupees fifteen crore. Explanation-2. - The manner of payment as specifi .....

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he date on which the duty has been paid subject to realization of that cheque. (2) Notwithstanding anything contained in sub-rule (1), the duty on the articles sold for the first time from his registered premises or centrally registered premises or branches of such centrally registered premises in the months of March, April, May and June of 2016, by an assessee shall be paid by the 31st of July, 2016. Explanation. - For removal of doubts, it is hereby clarified that the duty liability shall be d .....

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he shall be liable to pay the outstanding amount along with interest at the rate specified by the Central Government vide notification under section 11AA of the Act on the outstanding amount, for the period starting with the first day after due date till the date of actual payment of the outstanding amount. (5) If the assessee fails to pay the duty declared as payable by him in the return within a period of one month from the due date, then the assessee is liable to pay the penalty at the rate o .....

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ntioned in the return filed under the Central Excise Rules, 2002, the interest under sub-rule (4) and penalty under sub-rule (5) in the same manner as they are applicable for recovery of any duty or other sums payable to the Central Government. Explanation. - For the purposes of this rule, the expressions duty or duty of excise shall also include the amount payable in terms of the CENVAT Credit Rules, 2004. 7. Daily stock account. - (1) Every assessee shall maintain separate records for receipt .....

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s for home consumption, quantity of manufactured articles sold for the first time from the registered premises or centrally registered premises or branches of such centrally registered premises for exports or any other records and documents, shall be preserved for a period of five years immediately after the financial year to which such records pertain. (3) All records and documents maintained by the assessee for traded articles, including records showing value of their traded stocks at the time .....

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to be removed on invoice. - (1) No excisable articles shall be sold for the first time by the assessee from his registered premises or the centrally registered premises or branches of such centrally registered premises, except under an invoice (hereinafter referred to as the first sale invoice ). (2) First sale invoice shall be duly signed by the assessee or his authorised agent and shall be serially numbered. Such an invoice shall also contain the registration number, name of the consignee, de .....

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al Excise Rules, 2002 shall mutatis mutandis apply in relation to the digitally signed invoice under these rules. 9. Job work in articles of jewellery or parts of articles of jewellery. - (1) A principal manufacturer who gets articles manufactured on his behalf, on job work basis shall obtain registration, maintain accounts, pay duty leviable on such articles and comply with all the relevant provisions of these rules, as if he is an assessee. (2) The principal manufacturer may supply or cause to .....

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f of identity; and (d) date of supply of inputs or articles. (3) The principal manufacturer shall maintain records for the inputs or articles received back from the job worker against the inputs or articles supplied to them. (4) The job worker shall not be required to get himself registered or shall not be required to maintain any record evidencing the processes undertaken for the sole purposes of undertaking job work under these rules. Explanation. - For the removal of doubts, it is hereby clar .....

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factured on job work basis. In other cases, the value of such articles shall be the value of raw materials plus the making charges charged by the manufacturer for similar articles. 10. Removal of inputs or semi-finished articles or finished articles for certain purposes.-(1) A manufacturer or principal manufacturer, as the case may, may remove any inputs or semi-finished articles or finished articles for further processing, testing, repair, re-conditioning, hallmarking, display in exhibitions or .....

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case may be; (b) description and quantity of articles; (c) name of the person carrying the articles along with his signature and proof of identity; and (d) date of removal. (2) The manufacturer or the principal manufacturer shall account for the articles removed and returned in pursuance of sub-rule (1). 11. Receipt of duty paid articles for certain processes. - (1) Where any articles on which duty had been paid at the time of their sale for the first time by the assessee from his registered pr .....

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be, dealing in both manufactured and traded articles, may also pay excise duty on his first sale value, by treating his first sales during a month solely as sale of manufactured articles, if the quantity of such sales during the month is less than or equal to the opening stock of manufactured articles at the start of such month, at his own option, by giving a written declaration to the excise authorities having jurisdiction by the 28th day of February of the previous financial year: Provided tha .....

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principal manufacturer, as case may be. (3) For availing the optional scheme under sub-rule (1) a manufacturer or principal manufacturer, as the case may be, shall maintain,- a) a record containing the stock details of manufactured articles and traded articles separately for silver studded articles; gold or platinum articles studded with diamonds; and other gold or platinum articles, on weight or caratage basis; and b) a record of the value of such traded articles separately at their purchase pr .....

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es and opening stock of traded articles, then such excess sales shall first be deemed to be that of manufactured articles received during that month and the balance, if any, shall be deemed to be that of traded articles received during the month (7) If the sales during a month are less than the opening stock of manufactured articles, then the balance stock of manufactured articles shall be carried forward and the opening stock of manufactured articles for the succeeding month shall be the sum to .....

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the month of April total sales silver studded articles 50 gold or platinum articles studded with diamonds 20 other gold or platinum articles 10 receives during the month of April manufactured stock traded stock silver studded articles 60 10 gold or platinum articles studded with diamonds 30 30 other gold or platinum articles 20 40 As the sales during the month for the three types of articles are less than the opening stocks of such manufactured articles, the same shall be deemed to be that of m .....

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d with diamonds and 10 kg of other gold or platinum articles. After deducting the sales during the month of April, the closing stocks of manufactured and traded articles as on 30th April, which shall also be the opening stock as on 1st May, of three types of articles, with the manufacturer or principal manufacturer shall be as under: Closing stock as on 30th April / opening stock as on 1st May manufactured stock traded stock silver studded articles 70 30 gold or platinum articles studded with di .....

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factured stock traded stock silver studded articles 60 10 gold or platinum articles studded with diamonds 30 30 other gold or platinum articles 20 40 As the sales during the month for the three types of articles are more than the opening stocks of respective articles, the first sale equal to the opening stock of each type of articles shall be deemed to be that of manufactured articles of each type, as summarised below: Quantity of articles deemed to be sold during the month of April of manufactu .....

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sing stocks of manufactured and traded articles as on 30th April, which shall also be the opening stock as on 1st May, of three types of articles, with the manufacturer or principal manufacturer shall be as under: Closing stock as on 30th April / opening stock as on 1st May manufactured stock traded stock silver studded articles 60 20 gold or platinum articles studded with diamonds 30 40 other gold or platinum articles 20 50 Illustration 3. - A manufacturer or a principal manufacturer: has an op .....

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old or platinum articles 20 40 In this case, the sales during the month for the three types of articles are more than the opening stocks of respective manufactured articles. Further, the sales of in respect of gold or platinum articles studded with diamonds are even higher than the sum total of opening stocks of manufactured articles and traded articles. That being so, the first sales equal to the opening stock of silver studded articles and other gold or platinum articles shall be deemed to be .....

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icles deemed to be sold during the month of April of manufactured articles of traded articles silver studded articles 60 10 gold or platinum articles studded with diamonds 40 20 other gold or platinum articles 20 10 Total excise duty payable by such manufacturer or principal manufacturer for the month of April shall be the sum total of the excise duty payable on 60 kg of silver studded articles, 40 kg of gold or platinum articles studded with diamonds and 20 kg of other gold or platinum articles .....

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on-1. - For the purposes of this option, exports by a manufacturer or a principal manufacturer, as the case may be, shall be counted towards the sale of manufactured articles during the month. Explanation-2. - For the removal of doubts, it is hereby clarified that in case of stock transfer between two branches of a manufacturer or a principal manufacturer with centralised registration, as the case may be, which do not involve sale, there shall be no liability to pay excise duty at the stage of s .....

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es depending upon whether such dead stock is part of his stock of manufactured articles or traded articles, as the case may be. (2) For an assessee, who opts to pay the excise duty as per the optional scheme under rule (12), if at the end of a particular return cycle, the cumulative sales for three types of articles, namely silver studded articles; gold or platinum articles studded with diamonds or other gold or platinum articles , as the case may be, on which duty has been paid or which have be .....

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uty as per the optional scheme under rule (12), the cumulative sales of a particular type of articles on which duty has been paid or which have been exported till the end of a particular return cycle are less than the cumulative receipts till the end of that return cycle of such manufactured articles, then the dead stock of such articles at the end of such return cycle, equal to the difference between the cumulative receipts of manufactured stock and the cumulative sales till the end of such ret .....

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