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Issue ID : 1687
- 0 -

Applicability of excise duty on drums

Date 08 Jan 2010
Replies4 Answers
Views 6894 Views

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

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Replied on Jan 8, 2010
1. 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.
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Replied on Jan 9, 2010
2. 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.
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Replied on Jan 9, 2010
3. 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
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Replied on Jan 9, 2010
4. Thanks Surinder Guptaji to agree with me.

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