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Excise Duty on Export goods

Asa Dev

Dear Sir,

We have an export contract on CIF UK Port basis. While making excise invoice, we have shown excise duty on CIF value. Now the excise department raised objection and asked us to charge duty on FOB value. Since there is no bifercation of CIF value, how can we arrive the FOB Value? OR is there any option to charge Duty on CIF value. We charge duty on export goods and apply for rebate. Your kind suggestion / advice shall be appreciated.

With regards

Asa Dev

9528533773

[email protected]

Dispute Over Excise Duty Calculation: CIF vs. FOB Value for Export Goods; Factory Gate Price Suggested for Rebate. A query was raised regarding the calculation of excise duty on export goods under a CIF UK Port contract. The excise department objected to charging duty on the CIF value and insisted on using the FOB value. Respondents advised that excise duty should be calculated on the FOB value, which can be derived by subtracting freight and insurance from the CIF value. It was noted that the FOB value is not the ideal basis; instead, the factory gate price should be used for rebate calculations. The excess duty paid on CIF value can be adjusted in the CENVAT credit account. (AI Summary)
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SANTHANA KRISHNAN on Nov 6, 2012

Excise duty is to be charged on FOB value only and not on CIF value. u r required to arrive at fob value from cif value by deducting actual or appxt freight and insurance value.trust this clarifies ur reqmts

regards

jr

YAGAY andSUN on Nov 6, 2012

By applying the reverse caculation (Actual freight or 20% of the FOB Value whichever is less and insurance 0.125%) you may arrive at the FOB Value for calculation of Liability under  Central Excise Duty.

Vijay kumar on Nov 7, 2012

the objection raised is correct. u have no option to pay duty on CIF value. u may arrive at the FOB value as suggested above. the excess duty paid will be paid back in cenvat credit account. strictly speaking, even the FOB value is not the proper value. it is the factory gate price which reflects the Section 4 value, as per Board's instructions in the matter, on which the rebate has to be computed.

Guest on Nov 8, 2012

The excise duty should be charged on basic/FOB value of your product. You can take it from your sales department either from PO given to the client or from the sales order raised by the sales department. You can also refer the calculation given by Mr Khatri.

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