OFFICE OF THE COMMISSIONER OF CENTRAL EXCISE : MUMBAI-III
VARDAAN TRADE CENTRE, 4TH FLR, ROAD NO. 16, W.I.E., THANE 400 604 TEL : 2 58 00 617
Subject:- Clarification with regards to valuation of the goods, reg.
A number of references seeking clarification on certain points relating to the Central Excise Valuation ( Determination of Price of Excisable Goods) Rules, 2000 have been received. These points have been clarified in the following table. These clarifications supercede the clarifications given at Sr. No. 13 & 14 of Board’s earlier letter No.6/39/2000-CX.1 (Circular No.643/34/2002-CX) dated 01.07.2002.
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Sr.No. |
Points of Doubts |
Clarification |
|
1. |
How will valuation of samples be done which are distributed free, as part of marketing strategy, or as gifts or donations? |
In case of free samples, the value should be determined under Rule 4 of Central Excise Valuation ( Determination of Price of Excisable Goods) Rules, 2000. |
|
2 |
How will valuation be done when inputs or capital goods, on which CENVAT credit has been taken, are removed as such from the factory, under the erstwhile sub-rule (1C) of rule 57AB of the Central Excise Rules, 1944 or under rule 3 (4) of the Cenvat Credit Rules, 2001 or 2002? |
In such situations, the provisions of Rule 3(5) of Cenvat Credit Rules, 2004 would apply.
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2. All trade associations are requested to bring
the contents of this Trade Notice to the notice of their member manufacturers in
particular and the trade in general.
sd/-
(K.K. SHRIVASTAVA)
COMMISSIONER
CENTRAL EXCISE : MUMBAI-III
F.No.V.Gen(8)5/2005/M-III
Thane, the
Copy to : All Trade Associations as per Mailing List / Member of RAC (OS) & SSI by
name / All Chambers of Commerce/Press Information Bureau.
All Additional Commissioner / Joint Commissioners /
All Divisional Deputy/Assistant Commissioners (with 10 spare copies) /
Assistant Commissioner (Audit) / Brand Rate Unit / P.R.O. (Notice Board).
Office of the Chief Commissioner of Central Excise & Custom, Mumbai, Zone II.
(Based on Board’s Circular No. 813/10/2005-CX issued under F.No. 6/18/2003-CX.1 dated 25th April, 2005)