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ANOTHER FACTORY STATRTING IN SAME NAME

ANBALAGAN ANBU
Dear Experts, We have running one manufacturing unit.We have plan to start another factory in other places in same name with same partenrs. First factory production is Valves New factory production is castings.We have procure castings for our valves factorywhat is procudures
Manufacturing Firm to Launch New Casting Factory; Must Secure Excise Registration and Separate Accounts if Turnover Exceeds 400 Lakhs A manufacturing company plans to start a new factory under the same name and with the same partners as an existing one. The current factory produces valves, while the new one will produce castings. Experts advise that the company must obtain excise registration for the new factory. If the combined turnover of both factories exceeds 400 lakhs, the company will not qualify for the SSI exemption and must pay the standard duty rate. Separate accounts and registrations, including PAN, VAT, and factory licenses, are necessary. The relationship between the two factories should be communicated to the relevant department. (AI Summary)
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PAWAN KUMAR on Jan 22, 2015

Dear Sir,

As per my view, you need to get the excise registration.

Rajagopalan Ranganathan on Jan 22, 2015

Sir,

If the turnover of your present factory is below ₹ 400 lakhs and the turnover of your proposed factory is not likely to exceed ₹ 400 lakhs during the current financial year them you are eligible for SSI exemption. But as per para 2 (vii) of Notification No. 8/2003-CE dated 1.3.2003 as amended the aggregate value of clearances of all excisable goods for home consumption by a manufacturer from one or more factories, or from a factory by one or more manufacturers, does not exceed rupees four hundred lakhs in the preceding financial year.

Therefore if the turnover of both of your units exceeds the limit of turnover of ₹ 400 lakhs then you cannot avail the SSI exemption and you have to pay duty at normal rate of 12.36%. As observed by Mr. Pawan Kumar you have take a separate registration and maintain separate set of accounts in respect of your new factory.

Rajagopalan Ranganathan on Jan 22, 2015

Sir,

I missed to mention the following point. Since you have two factories, for calculating the exemption limit of ₹ 150 lakhs and overall limit of ₹ 400 lakhs the turnover of both the factories will be clubbed. That is, if the total turnover of both the factories exceed ₹ 400 lakhs then you will not be eligible for SSI exemption under Notification No. 8/2003-CE dated 13.2003 as amended.

YAGAY andSUN on Jan 25, 2015

Dear Anbalagan Anbu,

SSI Limit only can be availed if a factory/unit is registered under the provisions of SSI and adhered the investment criterion in this regard.

You would have to get the PAN based registration certificate from the C.E. Office. VAT/CST/Entry Tax/Professional tax registration certificates from the State's VAT Department. Factory license, Pollution Consents, ESI, PF etc also required.

For getting the goods from other factory, please take of valuation rules for payment of Central Excise Duty on appropriate assessable value.

Regards,

Sameer Malhotra - Consultant

YAGAY and SUN

(Management, Business and Indirect Tax Consultants)

Mahir S on Jan 28, 2015

Yes sir, all procedures as required for setting up of new factory is to be carried out.

However, fact that both the factories are associated to each other has to be intimated to the department.

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