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Semi finish goods can clear for testing under rule 16 (c) of central excise rules 2002

mk Jain

Dear Sir,

Semi finish goods can clear for performance testing under rule 16 (c) of central excise rules 2002 on returnable basis without payment of duty if yes please refer any case law/rule

if no how can we clear the semi finish goods for testing purpose

Semi finish goods are covered in excisable goods or not ?

Rgds,

Manoj Jain

Eicher Engine

Debate on Clearing Semi-Finished Goods for Testing Without Duty Under Rule 16(c) of Central Excise Rules, 2002 A discussion forum addresses whether semi-finished goods can be cleared for performance testing under Rule 16(c) of the Central Excise Rules, 2002, without paying duty. One participant suggests that semi-finished goods can be sent for job work with permission and must be returned, or otherwise cleared with duty payment. Another participant clarifies they seek to clear goods for testing, not job work, and questions if semi-finished goods are considered excisable. It is noted that Rule 16B applies to semi-finished goods and Rule 16C to finished goods, both allowing clearance without duty under certain conditions with permission. (AI Summary)
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Suryanarayana Sathineni on Dec 9, 2016

Dear Friend ,

In my view , semi finished goods can be sent out for job work purposes under permission from Excise swhich are expected to be returned back after the required process from the Job worker.

In case , if any sample is required to send out for testing which is not returned after testing, you have no option except to clear the same on payment of duty against an excise invoice.

Best Regards

Suryanarayana

mk Jain on Dec 9, 2016

Sir We want to clear the goods for testing of product performance not for job work ( Under Rule 16(c))

And Rules are saying that excisable goods can clear for testing under above rule. Now question is :

Semi finish goods covered in excisable goods and if not then which rule allow to clear the goods for testing purpose on returnable basis.

Rgds,

Manoj Jain

Suryanarayana Sathineni on Dec 10, 2016

Dear Mr. Manoj

Please note there are two Rules deals with for sending .....

Rule 16B - Semi Finished Goods

Rule 16-C - Finished Goods

Under both the above Rules, the facility of sending the goods without payment of duty subject to certain conditions and in both the cases , you may have to apply permission in the prescribed form.

In view of this , you may choose the relevant Rule from the above which suits your requirement.

Regards

Suryanarayana

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