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Excise Duty on MRP

A Wilson

Dear Experts,

Product MRP - ₹ 100

Abatement - 30%

Selling Price @ factory to Retail Dealer - ₹ 80/-

Pls advice whether

  • Excise Duty Payable on Rs.70 (After abatement of 30% on MRP ) or
  • Excise Duty Payable on ₹ 80 ( Factory Gate Price)

Thanks,

A.Wilson

Excise duty valuation: duty assessed on MRP with abatement when sold at retail, otherwise on factory transaction value. Valuation depends on sale context: if goods are sold at declared MRP to consumers, duty is computed with reference to the retail sale price (MRP) after abatement; if sold at factory gate in bulk to trade or industrial buyers, valuation is determined on the transaction (factory) value and not by retail-price reference. (AI Summary)
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Rajagopalan Ranganathan on Sep 29, 2016

Sir,

If you sell the product at the MRP declared on the package then you have to pay duty on ₹ 70/-. If you sell the same product in bulk to industrial consumers at the factory gate then the valuation has to adopted under Section 4 of CEA, 1944 and not under Section 4A of CEA, 1944.

Ganeshan Kalyani on Sep 29, 2016

Either of the provison is applicable. It is optional . Either to pay ED on transaction value or on MRP value.

A Wilson on Sep 30, 2016

Thanks You Sirs for your kind & immediate reply.

Can you share any Rule/Circular/Notification to pay duty at our Option either U/s.4(Normal Transaction Value) or 4A(MRP based).

A.Wilson

Ganeshan Kalyani on Sep 30, 2016
A Wilson on Oct 1, 2016

Dear Sir,

Thank You. Could you highlight the optional duty payment provision for MRP applicable products as i am unable to found the optional provision.

Thanks

A.Wilson

Ganeshan Kalyani on Oct 2, 2016

Sri Rajagopalan Sir's reply need to be referred by you in addition to the provision cited in my reply.

YAGAY andSUN on Oct 2, 2016

There are no such provisions exist in the Central Excise Law to pay the duty optionally.

A Wilson on Oct 5, 2016

Thank You all for your valuable replies

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