Applicability of excise duty on drums

[chaganti srinivas]

Dear Sirs, Do we need to pay Excise duty on the Drums, which we received with our inputs, while clearing them as scrap.

[Ram Avtar Singh]

You have Purchase Excisable Materials in drums. at the time of purchase its value added in assessable value and calculated Excise duty libility and you have taken Cenvat credit. so when you clearing/sale this material as scrap you should charge All part of Duty and Tax.

[YP SOOD]

Not correct. It has been judicially held that Excise duty is on manumactutred goods. Since 'Drums' cleared as scrap is not manufactured product of ur factotry, no need to pay ecise duty.

[Surender Gupta]

I agree with the view of Mr. Yash Sood, you are not required to pay any duty of excise on clearnce of packing materials - pakcing material like empty drums in your case neither input nor manufactured product hence not liable to any duty

[YP SOOD]

Thanks Surinder Guptaji to agree with me.

AI Summary

Excise Duty Not Applicable on Drums Cleared as Scrap; Not Considered Manufactured Goods Per Forum Discussion. A discussion on a forum addresses whether excise duty applies to drums received with inputs when they are cleared as scrap. One participant argues that since excise duty was initially calculated and Cenvat credit taken, duty should be charged upon clearance as scrap. However, others contend that excise duty applies only to manufactured goods, and since the drums are not manufactured products of the factory, they are not subject to excise duty when cleared as scrap. The consensus among participants is that no excise duty is required for the clearance of these drums.