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Issue ID: 4203
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Gift is liable to excise duty or not

Date 30 May 2012
Replies 3 Replies
Views 3176 Views
Excise duty on gifted goods: removal treated as taxable event, VAT not payable and input credit extinguished.
A gift of manufactured goods is treated as a removal subject to excise duty; VAT is not payable but input tax credit used in manufacture is extinguished. Duty is to be computed on the assessable value of the removal rather than on a mere commercial or promotional valuation. (AI Summary)
A product gifted (not sold) by a manufacturing concern(say car by Maruti Udyog) in any contest is liable to excise duty or not?
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Replied on May 30, 2012
1.

Central Excise duty is on Manufacturing of goods and for convenient purpose, it is being collected on the removal of goods.

Therefore, Central Excise duty will be paid on such kind of removals.  VAT will not be payable but the ITC on inputs involved in manufacturing of car will be burnout.

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Replied on May 31, 2012
2.

excise duty to be paid basing on the assessable value but not on the basis of commercial value. so you have to pay.

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Replied on May 31, 2012
3.

Sir,

What will be the assessable value for a gifted car whether it may be only CAS4 amt or CAS4+10% or any other.

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