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Central Excise - Started By: - SHIVKUMAR SHARMA - Dated:- 2-8-2016 Last Replied Date:- 17-9-2016 - Respected ExpertsWe have cleared 500 kgs.goods @Rs.200/-(Including Transportation ) Per Kg from Our factory (Mfg.Unit) at Kanpur to our Depot at Panipat on basis after paying Excise duty of ₹ 12500/-(12.5%)& The same goods we have sold from our Depot as under.250 Kgs.@Rs.190/- per kgs.Plus !2.5% Excise Duty.to customer A250Kgs.@Rs.210/-Per Kgs.Plus 12.5% Excise Duty.to Customer BPlease co .....

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377; 200 per Kg. at the depot on the date of removal of the same goods from the place of manufacture (factory) then it will be the transaction value of the goods and you have pay duty of excise on that basis. It is not relevant at what price (higher or lower) the goods are sold from the depot. By way of illustration if an assessee transfers a consignment of paper to his depot from Delhi to Agra on 5.7.2000, and that variety and quality of paper is normally being sold at the Agra depot on 5.7.200 .....

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sole consideration shall be the basis of assessment. (Extracted from F.No. 354/81/2000-TRU , Dt. 30/06/2000 issued by Tax Research Unit of CBEC). - Reply By MADAN RAHEJA - The Reply = Dear Sir, Brilliant explanation of correct legal position by Sh. Ranganathan. However, audit parties are usually prompt to raise audit objection on such points. - Reply By Ganeshan Kalyani - The Reply = Sir, thanks Sri Rajagopalan Sir, your reply enriched my knowledge. Thanks. - Reply By SHIVKUMAR SHARMA - The Rep .....

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he whole scenario has changed. Board's Circular F.No. 354/81/2000-TRU , Dt. 30/06/2000 has lost its sheen. The place of removal is to be determined on the basis of the provisions of Central Excise Act, 1944 read with Sale of Goods Act, 1930. See Board's Circular No. 999/6/2015-CX dated 28.2.15. Also go through the following judgements of Supreme Court: 1. 2015 (319) ELT/221.(SC) = 2015 (4) TMI 857 - SUPREME COURT in the case of Roofit Industries Ltd. decided on 23.4.2015. 2. 2015 (322) E .....

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tors are also very important. Accordingly the issue of freight and insurance whether to be included into assessable value, will be decided.Cenvat Credit is also linked. So many issues are involved. The facts of each and every case are different. So go through all these judgements of the Apex Court and take the decision accordingly. - Reply By Rajagopalan Ranganathan - The Reply = Sir, With due respects to the views expressed by Shri Kasturi Sethi Sir on 3.8.2016 in my view the Supreme Court judg .....

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ant. I invite views of other experts in this regard. - Reply By Ganeshan Kalyani - The Reply = Sir, Sri Rajagopalan Sir, with due respect, in my view the place of removal as appreciated by Sri Kasturi Sir has an importance in this query. This is because the excise duty is payable on removal of goods. If the place of removal is factory then value of goods at factory shall be considered. And if the place of removal is the depot than the value of goods at the time of removal of goods from depot nee .....

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