The Union finance ministry has exempted excise duty and customs duty on goods meant for relief and rehabilitation of those affected by floods in Jammu and Kashmir (J&K). The notifications were issued on the 11th of this month, amid phased polling in the state and a little over three months after the floods.
These require the importer or manufacturer to certify on the relevant clearance documents that the goods are intended to be so donated, free of cost. The goods must be sent to the central or state government or relief agencies approved by either for the purpose. Within six months (extendable by the authorities) from the date of importation/clearance from the factory, the importer/manufacturer must produce before the relevant customs/excise authorities, a certificate from the district collector of the affected area in the state, that the said goods have been so donated. The excise exemption is available for goods donated or purchased out of cash donations, for the said purpose. The exemptions are available till end-March 2015.
The manufacturers must note that if they took Cenvat credit on the inputs used for manufacture of the goods they want to donate, they must pay six per cent of the value, by Rule 6(3) of the Cenvat Credit Rules, 2004, or pay an amount as determined under Rule 6(3A). The Central Board of Excise and Customs (CBEC) Circular F.No.332/1/2001-TRU, dated February 16, 2001 clarifying this point in the context of a similar exemption for Gujarat earthquake victims, applies here. They must also take note of the duty demands in certain earlier matters. In the case of Texel Industries Ltd [2012 (282) ELT 57 (Guj)], the excise department demanded duty as the Gujarat government refused to give the necessary certificate to the donor. The Gujarat high court stayed the demand and directed the government to grant the certificate. In the case of Toyota Kirloskar Motor Pvt Ltd [2009 (237) ELT 176 (Tri. Bang)], the tribunal set aside a duty demand on intermediate products used in the manufacture of exempted final products that were donated.
The floods devastated J&K in the first week of September. A delay of over three months in granting the exemptions, meant to help the victims, is difficult to understand. When an earthquake hit the Kutch district in Gujarat in 2001, similar exemptions were notified the following day. When unprecedented floods hit Bihar in 2008, similar exemptions were notified within two weeks. After the flash floods in the Ladakh region in 2010, similar notifications were issued in a few weeks. It is difficult to blame the delay on the election notification, issued two months after the floods. It is also difficult to understand how the exemptions were notified during the elections. Even so, any relief these bring to the affected people deserve to be welcomed.
These require the importer or manufacturer to certify on the relevant clearance documents that the goods are intended to be so donated, free of cost. The goods must be sent to the central or state government or relief agencies approved by either for the purpose. Within six months (extendable by the authorities) from the date of importation/clearance from the factory, the importer/manufacturer must produce before the relevant customs/excise authorities, a certificate from the district collector of the affected area in the state, that the said goods have been so donated. The excise exemption is available for goods donated or purchased out of cash donations, for the said purpose. The exemptions are available till end-March 2015.
The manufacturers must note that if they took Cenvat credit on the inputs used for manufacture of the goods they want to donate, they must pay six per cent of the value, by Rule 6(3) of the Cenvat Credit Rules, 2004, or pay an amount as determined under Rule 6(3A). The Central Board of Excise and Customs (CBEC) Circular F.No.332/1/2001-TRU, dated February 16, 2001 clarifying this point in the context of a similar exemption for Gujarat earthquake victims, applies here. They must also take note of the duty demands in certain earlier matters. In the case of Texel Industries Ltd [2012 (282) ELT 57 (Guj)], the excise department demanded duty as the Gujarat government refused to give the necessary certificate to the donor. The Gujarat high court stayed the demand and directed the government to grant the certificate. In the case of Toyota Kirloskar Motor Pvt Ltd [2009 (237) ELT 176 (Tri. Bang)], the tribunal set aside a duty demand on intermediate products used in the manufacture of exempted final products that were donated.
The floods devastated J&K in the first week of September. A delay of over three months in granting the exemptions, meant to help the victims, is difficult to understand. When an earthquake hit the Kutch district in Gujarat in 2001, similar exemptions were notified the following day. When unprecedented floods hit Bihar in 2008, similar exemptions were notified within two weeks. After the flash floods in the Ladakh region in 2010, similar notifications were issued in a few weeks. It is difficult to blame the delay on the election notification, issued two months after the floods. It is also difficult to understand how the exemptions were notified during the elections. Even so, any relief these bring to the affected people deserve to be welcomed.
email: tncrajagopalan@gmail.com