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Calculation of excise duty payable by EOU w.e.f. 1-3-2015

October 2nd, 2016

Mode of calculation of excise duty when goods cleared by EOU in DTA, and eligibility of Cenvat Credit w.e.f. 1-3-2015

 

As per proviso to section 3 of Central Excise Act, excise duty payable is equal to customs duty on like articles imported into India.

As per Sr No. 2 of notification No. 23/2003-CE dated 31-3-2003, the excise duty payable by EOU is to be calculated as if (a) customs duty is reduced to 50% and (b) Special duty of 4% u/s 3(5) of Customs Tariff Act is not payable. However, if goods cleared in DTA are exempt from State Vat, this special additional duty will be payable.

As per Sr No 1A of Notification No. 23/2003-CE dated 31-3-2003, as inserted w.e.f. 11-7-2014 and as existing upto 1-3-2015, education cess payable under section 94 of Finance (No. 2) Act, 2004 was exempt. This cess was pertaining to education cess of customs duty.

Similarly, as per Sr No 1B of Notification No. 23/2003-CE dated 31-3-2003, as inserted w.e.f. 11-7-2014 and as existing upto 1-3-2015, SAHE cess payable under section 139 of Finance Act, 2007 was exempt. This SAHE cess was pertaining to SAHE cess of customs duty.

Thus, education cess and SAHE cess of customs duty was exempt during 11-7-2014 to 1-3-2015. However, this exemption has been withdrawn w.e.f. 1-3-2015. Thus, education cess and SAHE cess of customs is payable w.e.f. 1-3-2015 in case of sale by EOU in DTA.

Education cess and SAHE cess on CVD has been exempted w.e.f. 17-3-2012 vide Notification Nos 13/2012-Cus and 14/2012-Cus dated 17-3-2012.

Education cess and SAHE cess on excise duty has been exempted w.e.f. 1-3-2015 [as basic excise duty has been increased to 12.50%]

Thus, now w.e.f. http://dateyvs.com/home-3/mandatory-pre-deposit-of-duty-and-tax-pending-appeal-in-indirect-taxes/ http://dateyvs.com/home-3/mandatory-pre-deposit-of-duty-and-tax-pending-appeal-in-indirect-taxes/1-3-2015, only education cess of customs @ 2% and SAHE cess of customs @ 1% is payable.

Note that education cess of customs is payable on basic customs duty plus CVD. Hence, while calculating education cess, both basic customs duty and CVD is required to be considered.

Excise duty payable by EOU if State Vat/CST paid or goods stock transferred and availability of Cenvat CreditIf State Vat or Central Sales Tax has been paid (or goods stock transferred on which State Vat is payable later)), the excise duty payable by EOU is as follows w.e.f. 1-3-2015.

Duty % Amount Total Duty
(A) Assessable Value Rs 10,000.00
(B) Basic Customs Duty (If normal duty is 10%) 5 500.00 500.00
(C) Sub-Total for calculating CVD ‘(A+B)’ 10,500.00
(D) CVD ‘C’ x excise duty rate 12.5 1,312.50 1,312.50
(E) Sub-total for Education Cess (B+D) 1,812.50
(F) Education Cess (2% of E) 2 36.25 36.25
(G) Secondary and Higher Education Cess 1 18.13 18.13
(H) Sub-total for Special CVD (A+B+D+F+G) 11,866.88
(I) Special CVD u/s 3(5) – 4% of ‘H’ (Nil if State Vat paid) 0 0.00 0.00
(J) Total Excise duty payable 1,866.88
Notes – Buyer who is manufacturer in DTA, is eligible to avail Cenvat Credit of D above.
A buyer, who is service provider, is eligible to avail Cenvat Credit of D above.

 

Excise duty payable by EOU if State Vat/CST not paid on goods sold or stock transferred and availability of Cenvat CreditIf State Vat or Central Sales Tax has not been paid (or goods stock transferred where State Vat is not payable even later), the excise duty payable by EOU is as follows w.e.f. 1-3-2015.

 

Duty % Amount Total Duty
(A) Assessable Value Rs 10,000.00
(B) Basic Customs Duty (If normal duty is 10%) 5 500.00 500.00
(C) Sub-Total for calculating CVD ‘(A+B)’ 10,500.00
(D) CVD ‘C’ x excise duty rate 12.5 1,312.50 1,312.50
(E) Sub-total for Education Cess (B+D) 1,812.50
(F) Education Cess (2% of E) 2 36.25 36.25
(G) Secondary and Higher Education Cess 1 18.13 18.13
(H) Sub-total for Special CVD (A+B+D+F+G) 11,866.88
(I) Special CVD u/s 3(5) – 4% of ‘H’ (Nil if State Vat paid) 4 474.68 474.68
(J) Total Excise duty payable 2,341.56
Notes – Buyer who is manufacturer in DTA, is eligible to avail Cenvat Credit of D and I above.
A buyer, who is service provider, is eligible to avail Cenvat Credit of D above.

 

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