Loan Licencee scheme

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....oan Licencee scheme<br> Query (Issue) Started By: - saumya gupta Dated:- 6-7-2011 Last Reply Date:- 7-7-2011 Central Excise<br>Got 1 Reply<br>Central Excise<br>If it is possible to clear goods without payment of duty upto 150 lacs by actual factory and on payment of goods of Loan licencee using the same premises through cenvat and pla simulteniously. " Loan licencee paying duty and availing cenva....

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....t credit while actul factory availing 08/2003 CE simulteniously" Plz reply soon Reply By Alok Kumar: The Reply: Dear Ms Saumya, The question as to whether a loan licencee manufacturer can be a manufacturer as defined under the provisions of the Central Excises & Salt Act and the goods manufatcured by them will be subject to central excsie duty (taking into consideration the SSI Exemption notif....

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....ication as quoted by you in your query) has already been dealt with by various courts. Wherein it was held that the loan licencees governed by the Drugs and Cosmetics Act, 1940 and the Drugs and Cosmetics Rules, 1945 can utilise the factory premises of other persons where they can get their goods manufactured under their own control and supervision and if they manufacture excisable goods, they wou....

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....ld be treated as manufacturers within the meaning of the Act. . Thus the concept of loan licencee manufacturer is also recognised under the provisions of the Central Excises and Salt Act, 1944. Therefore, the loan licencee manufacturer and the primary manufacturer are being recognised under the provisions of the Act and the Rules. Where a factory is producing the specified goods is run at differ....

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....ent times during a financial year by different manufacturers the aggregate value of clearances of the specified goods from such factory in any such year shall not exceed rupees one hundred and fifty lakhs in terms of the norfn no. 08/2003 central excise. thanks, Alok Kumar Consultant and Advocate<br> Discussion Forum - Knowledge Sharing ....