For claim of duty drawback brand rate, positive value addition is to be achieved. For calculating value addition, are we required to count value of all materials used in export production or only the value of imported materials?
As per Rule 8 of Customs, Central Excise Duties and Service Tax Drawback Rules, 1995, “no amount or rate of drawback shall be determined in respect of any goods or class of goods under rule 6 or rule 7, as the case may be, if the export value of each of such goods or class of goods in the bill of export or shipping bill is less than the value of the imported materials used in the manufacture of such goods or class of goods, or is not more than such percentage of the value of the imported materials used in the manufacture of such goods or class of goods as the Central Government may, by notification in the Official Gazette, specify in this behalf.” This provision mentions only the value of imported materials and not the value of all the materials used in the manufacture of the export product.
We have received a purchase order for supply of goods to a mega power project. We have been informed that no excise duty is to be charged to goods sold to them. What documents do we require from them for Central Excise purpose? Do we need to inform the local Central Excise office about such clearances?
S.No.91B of the notification 6/2006-CE dated 1.3.2006 exempts specified goods supplied to certain mega power projects from the whole of excise duty, subject to fulfilment of condition no.28 given in the annexure to the notification. S.No.91C of the same notification exempts specified goods required for expansion of existing mega power projects from the whole of excise duty, subject to fulfilment of condition no.29 given in the annexure to the notification. S.No.91A of the same notification exempts specified goods required for setting up ultra mega power projects from the whole of excise duty, subject to fulfilment of condition no.26 given in the annexure to the notification. S.No.91 of the same notification exempts all goods supplied against International Competitive Bidding from the whole of excise duty, subject to fulfilment of condition no.19 given in the annexure to the notification.
Notification no. 108/95-CE dated 28.08.1995 exempts all goods when supplied to projects financed by the United Nations or an international organisation and approved by the Government of India, from the whole of excise duty, subject to specified conditions. All these notifications specify the conditions and documentation requirements. The conditions are not uniform for all the notifications. Therefore, it is difficult to specify a standard set of documents required. You should find out which notification applies to you and carefully go through the text of the notifications as well as the text of the conditions and work out the documentation requirements, and also, whether intimation to the local excise office about such clearances is necessary.
Business Standard invites readers’ SME queries related to excise, VAT and exim policy.
You can write to us at smechat@bsmail.in