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about not charging duty on the goods after exemption limit

MEHUL ASHAR

Respected Sir,

                          One of my clients is taking benefit of notification, no. 8/2003 exemption limit of 1.5 crore, as now he has  cross the limit he started sale of goods as one of his customers has told him that they are exempted unit & he can't charge duty in invoice as they have the letter of state finance ministry that no excisable unit can charge duty on them, is it possible. Please reply

Client Exceeds 1.5 Crore Exemption Limit; Verify State Finance Ministry Letter for Invoice Duty Exemption Claim A client benefiting from the 8/2003 notification exemption limit of 1.5 crore has exceeded this limit. A customer claiming to be an exempted unit, supported by a state finance ministry letter, insists that no duty should be charged on invoices. The response suggests verifying the letter and notes that such exemptions typically apply to goods removal without duty but not to inputs or raw materials, which still incur Central Excise. Further fact-checking is advised for a comprehensive response. (AI Summary)
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YAGAY andSUN on Jan 9, 2013

Ask them to share of that letter.  According to my knowledge, they must be working under Area Based Exemption.   In such type of exemptions, the unit is entitled to remove goods without payment of duty but Inputs, components, Raw material and other tools and tackles at the time of purchase, would bear the burden of Central Excise.  There is no exemption on such purchases.

Please check the facts and revert so that we can reply you.

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