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Issue ID: 109596
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General Exemption

Date 23 Dec 2015
Replies8 Replies
Views 3560 Views
SSI exemption for e rickshaws questioned; product classification determines exemption eligibility and litigation risk.
Eligibility for the SSI/MSME general exemption for e rickshaws depends on tariff classification: one practitioner treats the product as falling under a motor vehicle heading that attracts exemption, while another identifies a different subheading that disqualifies the goods from SSI relief; misclassification may prompt a departmental show cause notice and litigation risk. (AI Summary)

Sir,

Either General Exemption of 1.5 Crore is available on E-Rickshaw or not ?

8 answers
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Replied on Dec 23, 2015
1.

Yes. SSI exemption available. (Heading 8711.)

Like 0
Replied on Dec 23, 2015
2.

Provided you fullfill the criterion as prescribed in term of MSME/SSI' Definition.

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Replied on Dec 23, 2015
3.

Sir I am of the view that e-rickshaw falling under CETSH 87039010

please elaborate the condition if SSI exemption is available on this products

Like 0
Replied on Dec 24, 2015
4.

No. E-Rickshaw is not covered under sub-heading No.8703 1090. No SSI exemption is admissible to the goods falling under 8703 1090. However, if you are sure that you are manufacturing the goods falling under sub-heading no.8703 1090, then do not call it E-Rickshaw.

Like 0
Replied on Dec 24, 2015
5.

Sir,

Please write us correct chapter heading on which e-rickshaw falling under CETA

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Replied on Dec 24, 2015
6. Refer Kasturi Sir reply dated 23.12.2015
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Replied on Mar 25, 2016
7.

Sir,

is there any more clarification about the Chapter heading of e-rickshaw. Department is planning to prepare SCN for the clearance made under SSI limit .

please advice us the CETSH of e-rickshaw

Like 0
Replied on Mar 26, 2016
8.

Sh.Deepak Sharma ji,

If the department is bent upon to issue SCN, the assessee has to face the rigours of litigation. I shall study more on the issue and let you know more information soon. I have seen so many lame SCNs.

After perusing SCN, I can predict the fate of the same.Let me see when it is issued.

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