Showing posts with label Excise Act. Show all posts
Showing posts with label Excise Act. Show all posts

Sunday, March 10, 2013

Reform Tax Administration

In the budget estimates presented by our Honorable Finance Minister, shortfall on account of Corporation tax, Customs Duty and Excise Duty was projected to be around 58k crores.  A huge shortfall indeed.

Now the question raised is how do we correct this shortfall or how to stop further shortfall in the above revenues?  The following "novel" actions are being taken by our tax authorities.

Corporation Tax

Novel Method 1

Stop all refunds.  No refund orders to be passed, if for an assessment year order under section 143(3) comes up for finalisation the officer ensures that the order does not have any refund (even if eligible).  So what to do?  Simple, Omit an advance tax challan!!  If a company has paid Rs.10 crores with Rs.2.5 crore in each quarter miss out one quarter payment and show only Rs.7.5 crores and negate any refund or claim an additional tax.  If in case the company immediately goes to the officer and requests for rectification of mistake the officer "off the record" says, Sir, I will pass your refund order in the next financial year, just file a Petition under Section 154, I will take it up next year!!

Novel Method 2

Send letters to companies asking them to appear before the authority asking as to why there is a shortfall in payment of advance tax.  Is there a provision in Income tax law for this?  Tax experts please guide me!!

Customs Duty

Novel Method 1

Delay assessment of bills filed under DFIA or any duty benefit schemes.  Either the assessments for these bills are taken up once a week or only 1 hour per day.  Priority given to bills filled with full payment of duty.   This is to coerce companies to pay duties, if they want their consignments to be cleared immediately.

Question : Why give benefit at all and make people run around to claim it!!

Novel Method 2

Delay refunds.  Either issue a letter seeking clarification or issue a notice demanding more details, if all fails call up the assessee or the clearing agent requesting them to pursue the refund in the next financial year.  This is an age old and time tested method, time and again adopted!!

Excise Duty

Call up the companies in January / February or March requesting them not to use CENVAT credit for payment of duty instead pay all taxes through PLA.  Is there a provision in law for this?

Imagine what would happen if in case a company official calls up the Assistant Commissioner of Central Excise and says, "Sir, I have a shortfall in my revenue can I pay my taxes later by 15 days?", will he get this opportunity?  I am sure he will be greeted with a Show Cause Notice, which will carry Interest and Penalty


Mr.Finance Minister, Is this the way to meet tax targets?  Come on Stop it we are in 21st Century and we are not idiots

When a company is at a default or "seemingly default" there is a raid, show cause notice, hearing called for and grilled.  On top of this there is interest, penalty and in some cases Jail terms also.  But what happens to our tax officers who do not pass refund orders on time, take up assessment on time and pass order denying genuine refunds on a silly ground?  I have seen so many innumerable cases getting quashed at Tribunal levels because of trivial orders passed by Quasi Judicial tax authorities, is this the way it should be?  

To clarify I will not suggest we should spare companies who are at default or who fail to comply with law, they should be prosecuted according to legal provisions, but rather I would also suggest the same should happen to tax authorities also to ensure that they are responsible enough and there is no hardship for companies in tax compliance.

Tax payments and legal compliance should be a pleasure, but unfortunately in India it is getting more and more of a pain.  Imagine attending a Transfer Pricing Hearing, Hearing under section 143(1) of Income tax, Assessment under VAT rules or a Hearing for clarification on refunds with customs.  The amount of documents demanded by the officers, the amount of clarifications demanded by them, most of the times, defy logic and in most cases I am sure the innumerable documents given by us land up in shelves unread and subsequently scrapped!!  What a waste of time and resource!!

Tax reforms should not only be in the written law but also in tax administration, this will ensure a tax friendly environment and attract more investments, unfortunately, currently our tax administration distracts investments.

Friday, December 16, 2011

Exports to Nepal brought under Rule 18 & Rule 19 of Central Excise Rules effective 1.3.2012

Procedure for exports to Nepal & Bhutan from India slightly departed from general export Rules 18 & 19 of Central Excise Rules, 2002 and where specified in notification number 45/2001-CE (N.T.) dated 26.6.2001.  Now Nepal has been removed from the ambit of the above mentioned notification and therefore procedure for export to Nepal will also comply with Rule 18 & 19 of Central Excise Rules 2002.

The Ministry of Finance has issued a series of notifications from numbers 24 to 29 /2011 (N.T.) dated 5.12.2011 to be effective from 1st March 2012 so that exports to Nepal is not governed under specific procedures but general procedures as followed for exports to all other countries.

This change comes in the backdrop of the recent Treaty between India and Nepal

However Bhutan continues to have special treatment for exports and not covered under Rule 18 & 19

Saturday, September 17, 2011

Excise Duty on Free Samples

The purpose of this article is to explain in brief provisions of Excise law on free samples.

Industries need to provide samples for various requirements.

  1. Trade samples to potential customers for sales development
  2. Sales to quality control / Research & Development for testing & product development purposes
  3. Samples for display at exhibitions, fairs etc
  4. Samples for placing quotations etc
  5. Samples to various Government authorities for various purposes under different legislations

The following are the relevant legislations concerning free samples removal and payment of excise duty

  1. Central Excise Act, 1944 – section 4(1)(b)
  2. Central Excise Rules, 2002 – section 8, section 11
  3. Central Excise Valuation (Determination of Price of Excisable Goods) Rules, 2000 – Rule 4, Rule 8 & Rule 11
  4. Circular No. 813/10/2005 CX dated 25.4.2005
  5. Circular no. 915/5/2010-CX dated 19.02.2010
Question No.1 – Are free samples subject to excise duty

The simple answer is yes. In a recent judgement

Citation Medley Pharmaceuticals Ltd. v. CCE, (2011) 2 SCC 601

Supreme Court has held that “EXCISE DUTY IS PAYABLE EVEN IN CASE OF FREE SUPPLY OF GOODS, AS SALE IS NOT A NECESSARY CONDITION FOR CHARGING DUTY”

Question No.2 – How to pay duty for free samples

We have follow procedures laid down under Rule 11 of Central Excise Rules, 2002 and prepare invoice accordingly (similar to finished goods movement). Excise duty has to be deposited as laid down under Rule 8 of Central Excise Rules 2002

Question No.3 – Is it necessary to pay duty for all the samples mentioned above (5 categories as above)

Yes. We have to pay duty on all samples including samples given to Quality Control & R&D, as excise duty is charged on manufacture and not on sales.

Question No.4 – On what value should we pay excise duty

Here reference should be made to Rule 4 of Central Excise Valuation (Determination of Price of Excisable Goods) Rules 2000. This has been confirmed by the department through 2 circulars :

  1. Circular No. 813/10/2005 CX dated 25.4.2005 (for section 4 valuation)
  2. Circular no. 915/5/2010-CX dated 19.02.2010 (for section 4A valuation – MRP based valuation)
Rule 4 is reproduced here – “value of the excisable goods shall be based on the value of such goods sold by the assesse for delivery at any other time nearest to the time of removal of goods under assessment, subject, if necessary, to such adjustment….”

If we are unable to get the value under Rule 4, and If there is no other price then recourse should be made to Rule 8 of the Central Excise Valuation (Determination of Price of Excisable Goods) Rules 2000 which provides valuation at Cost Price + 10%

Summary

All samples suffer excise duty please pay duty on the relevant value to avoid disputes

Saturday, June 26, 2010

Latest in Central Excise

Notification 6/2010 dt.27.2.10
Provided further that if the capital goods, on which CENVAT Credit has been taken, are removed after being used, the manufacturer or provider of output services shall pay an amount equal to the CENVAT Credit taken on the said capital goods reduced by the percentage points calculated by straight line method as specified below for each quarter of a year or part thereof from the date of taking the CENVAT Credit
Notification 21/2010 dt.18.05.10
Provided further that where a manufacturer of final products has paid total duty of rupees ten lakh or more including the amount of duty paid by utilization of CENVAT credit in the preceding financial year, he shall file such declaration electronically


Notification 20/2010 dt.18.05.10

Provided that where an assessee has paid total duty of rupees ten lakh or more including the amount of duty paid by utilization of CENVAT credit in the preceding financial year, he shall file the said Annual Financial Information Statement electronically