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Central Excise query

Guest

How can I, being a trader, take advantage of excise duty exemption, if I purchase an excisable commodity from a manufacturer and sell it to an exporter? Thanks.

No Excise Duty Exemption for Traders Selling to Exporters; Direct Manufacturer-Exporter Sales Use Form CT-1 for Exemption. A trader inquires about excise duty exemption when purchasing excisable goods from a manufacturer to sell to an exporter. One respondent suggests the trader can pass on the credit of duty. Another clarifies that if the exporter buys directly from the manufacturer, they can use form CT-1 for exemption. However, when a trader is involved, there is no provision for excise duty exemption under current regulations. It is confirmed that purchasing excisable goods without paying duty is not possible under the Central Excise Act, 1944. (AI Summary)
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Ganeshan Kalyani on Apr 27, 2016

You can pass on the credit of duty as a trader.

Guest on Apr 27, 2016

Thank you for kind response, sir.

But incase, an exporter directly purchases from the manufacturer, he can give form CT-1 to the manufacturer, and thus get exemption from bearing excise. Consequently, becoming competitive. So, how will things pan out when a trader is involved and the exporter wishes to have excise exempted?

Suryanarayana Sathineni on Apr 27, 2016

Dear Friend,

This issue was answered/clarified earlier in the same forum ( you may pl. refer the same)

However, considering that you are a Registered Dealer(Trader) under central Excise, You may claim the duty paid by the manufacturer on your export in terms of the procedure prescribed under CBEC circular No. 294/97-CX Dated 25.01.1997

Best Regards

Suryanarayana

Guest on Apr 28, 2016

Sir, Thank you for your kind response. I'm a bit confused, so let me put it in a different way: Consider an exporter(E) who wishes to export an excisable commodity from a middleman/trader/dealer, who in turn purchases the same commodity from the manufacturer(M). Now, E wishes to seek an exemption from payment of excise duty for the export he wants to carry out. Under what circumstances can he claim an exemption?

Suryanarayana Sathineni on Apr 28, 2016

Dear Friend,

According to me there is no provision for getting exemption from duty to E.

Best Regards

Suryanarayana

Rajagopalan Ranganathan on Apr 28, 2016

Sir,

From your query I understand that you are pruchasing duty paid excisable goods from manufacturer and sell it to an Exporter. You want to know whether you can purchase the excisable goods without payment of duty. The answer is no since there is no such facility available under Central Excise Act, 1944 or the rules made thereunder.

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