Page 86 - DCOM308_DCOM502_INDIRECT_TAX_LAWS
P. 86

Unit 5: Clearances of Excisable Goods




          The cascading effect of duty can be illustrated by the following example:             Notes
                       Particulars           Under non-CENVAT        Under CENVAT
                                                                     Under CENVAT
                       Particulars
                                             Under non-CENVAT
            (A)  Raw material say X                  100                  100
                                                                          100
            (A)  Raw material say X
                                                     100
                 Add Excise Duty @ 16 %              16                    16

               Add Excise Duty @ 16 %
                                                                           16
                                                     16
              Total                                  116                  116
                                                     116
              Total
                                                                          116
              Credit allowable                       Nil                   16
              Credit allowable
                                                                           16
                                                     Nil
              Net Cost of X                          116                  100
                                                                          100
                                                     116
              Net Cost of X
            (B)   Value Addition                     100                  100
                                                                          100
                                                     100
            (B)   Value Addition
                 Product Y                           216                  200
                                                     216
                                                                          200
               Product Y
                 Add Excise duty @16%               34.56                  32
               Add Excise duty @16%

                                                    34.56
                                                                           32
                 Total cost                         250.56                232
                                                    250.56

               Total cost
                                                                          232
                 Credit available                     -                   200
               Credit available
                                                                          200
                                                      -

            (B)   Value Addition                     100                  100
            (B)   Value Addition
                                                                          100
                                                     100
                 Product Z                          350.56                300
                                                    350.56
                                                                          300

               Product Z
                 Add Excise duty @16%               56.09                  48
                                                    56.09
               Add Excise duty @16%

                                                                           48
                 Total cost                         406.09                348

                                                    406.09
               Total cost
                                                                          348
                 Credit available                     -                    48
                                                                           48
                                                      -

               Credit available
                Net Cost of Z                       406.09                300
                Net Cost of Z                       406.09                300
              From the above it becomes clear that the person who purchases product X he pays   116 but
          under CENVAT he gets a credit of   16, so his cost is simply   100 the person who buys product
          Y he pays   240.56 under Central Excise and   232 under CENVAT. However he gets CENVAT
          credit of   32 and his net cost remains only   200. In case of product Z this difference increases to
          as high as   106.09.
          The present scheme allows instant CENVAT credit to be taken on duties, such as Excise Duty,
          Special Excise Duty, additional Duty of excise and Countervailing Duty paid on inputs and
          capital goods  received in a factory for the manufacture of any dutiable final product except
          matches.
          Self Assessment
          Fill in the blanks:
          11.  The  .................................. of Customs or other duly  appointed officer  shall examine the
               goods with the particulars.
          12.  The value of any ..................................goods shall, for the purposes of clause (b) of sub-
               section (1) of section 4 of the Act, be determined in accordance with these rules.
          13.  Where the excisable goods are not sold by the assessee at the time and place of removal
               but are transferred to a ..................................
          14.  Where the excisable ..................................are not sold by the assessee but  are used for
               consumption by him or on his behalf in the production or manufacture of other articles.
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