Government of India
Department of Revenue
Central Board of Excise & Customs
New Delhi
******
Circular No. 975/09/2013-CX
New Delhi, the 25th November, 2013
To
All Chief Commissioners of Central Excise & Customs,
All Chief Commissioners of Central Excise,
All Directors General,
Sir/Madam,
Subject – Amendment of rule 8, 9 and 10 of the Central Excise Valuation
(Determination of Price of Excisable Goods) Rules, 2000 - reg .
I am directed to invite your attention to amendments in rule 8, 9 and 10 of the
Central Excise Valuation (Determination of Price of Excisable Goods) Rules,
2000. Under transaction value regime each transaction or removal is required to
be assessed independently, as would be clear from the language of section 4 of
the Central Excise Act, 1944. Section 4(1) of the Central Excise Act, 1944 reads
as –
Section 4 – Valuation of excisable goods for purposes of charging of duty of
excise - (1) Where under this Act, the duty of excise is chargeable on any
excisable goods with reference to their value, then, on each removal of the
goods, such value shall –
- Rules 8, 9 and 10 of the Central Excise Valuation Rules, 2000 dealing with
determination of assessable value in case of captive consumption and sale to
related person have been amended vide
notification no. 14/2013 – Central Excise
(N.T.) dated 22.11.2013 to clearly state that these rules apply irrespective of
whether the whole or a part of the clearances of manufactured goods are covered
by the circumstances given in these rules. Each clearance is required to be
assessed according to section 4(1)(a) or the relevant rule dealing with the
circumstances of clearance of the goods, as the case may be.
- For example, if an assessee clears his goods in such a way that first removal
of goods is to an independent buyers, some goods are captively consumed, second
removal is to such a related person who is covered under rule 9 and third
removal is to a person who is covered under rule 10, then the first removal
should assessed under section 4(1)(a), captively consumed goods should be
assessed under rule 8, second removal should be assessed under rule 9 and third
removal should be assessed under rule 10 of these rules. It may be noted that
Central Excise Valuation (Determination of Price of Excisable Goods) Rules, 2000
are not required to be followed sequentially. Each of these rules provide for
arriving at the assessable value of goods under different contingencies as noted
by Hon’ble Supreme Court at paragraph 70 in case of Commissioner of Central
Excise, Mumbai vs M/s FIAT India Pvt Ltd [2012 (283) ELT 161 or
2012-TIOL-58-SC-CX].
- Serial no. 5, 12 and 14 of the
Circular no. 643/34/2002-CX dated 1-7-2002 are
deleted in view of the amendments in the Central Excise Valuation (Determination
of Price of Excisable Goods) Rules, 2000, as these amendments address the issues
on which these clarifications were issued. The amended rules and accordingly
this circular shall apply with effect from 1st December, 2013.
Yours Faithfully,
(Pankaj Jain),
Under Secretary (CX-1)
F. No. 6/12/2009-CX-1