Central Excise Duty In India
The central excise duty is a major category of tax items in India affecting many people. The central excise duty in India is being charged or levied on such goods which are manufactured here and primarily meant for home consumption. The element of central excise duty comes into picture as liability as soon as the products are manufactured.
The fact is that the law does not make it mandatory for manufacturer to sale his products, on the other hand the excise duty is payable on the removal of goods. The law stipulates that any person who produces or manufactures excisable goods or stores any such goods in warehouse should pay the duty leviable on such goods.
The central excise duty is nothing but the tax on manufacturing which is paid by the manufacturer and passes the incidence to the respective clients. The term excisable duty gets specified in the first and second schedule to the central excise tariff act 1985.
And such levying of duty should be in consonance with the respective provisions provided in the law. Law highlight the fact that nobody can remove the excisable goods from place to place without paying the excise duty unless specified otherwise.
We offer our service to the manufacturer who is facing difficulties in taxation procedures. Our firm represents clients who truly need a lawyer and we take personalized approach in every case.
Services which we provide:-
- Appearing before the commissioner of Customs and central excise.
- Appearing before the appellate Commissioner.
- Appearing before the Tribunal
- Appearing before High court.
Overview
Central Excise Duty In India
The Excise duties are levied under the Central Excise Act; 1944.This law has been enacted pursuant to entry 84 in the Union list of the seventh schedule to the Constitution of India.
Indirect taxation includes:-
Central Value Added Tax (CENVAT - excise duty)
Customs duties,
Service tax,
Central sales tax and Value-added taxes
The Charge of Excise Duty:
A tax, known as the Central Value Added Tax (CENVAT), commonly referred to as excise duty, is levied on the manufacture and production of 'excisable goods' in India. This tax is levied under the Central Excise Act, 1944 and administered by the Union Government of India.
Excise duty shall be leviable on goods on the following conditions:-
It must be "goods"
It must be "excisable goods"
It must be either produced or manufactured in India
Procedures involved under this Act
1.Registration
2.The Central Excise returns filed by the assessee after self assessment
3.The provisional assessment of Central Excise by the authority.
4.Adjudication
5.Refund/Rebate
6.Audit
The Acts related :-
(a) The Central Excise Act 1944
(b) The Central Excise Tariff Act 1985
(c) The Central Excise Rules 2002
(d) CENVAT Credit Rules 2004
(e) Central Excise Valuation (Determination of Price of Excisable goods) Rules 2000