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Sanjay Sharma   11 July 2008 at 14:23

Duty Payment on “Automobile Accessories and Procedure thereof “

We manufacturing Tractors for agriculture purpose as well as supplying the Tractor Parts to our customers from our Spare Parts Division situated in the same premises on one registration no. in Central Excise Department from 1st June-06 under cover the notification No. 14/2008-C.E.(N.T.), dated 1.03.08. Tractor is exempted for the payment of Excise duty and the “Parts, components and assemblies of any automobiles “are liable to pay the duty.

For the fulfillment of purpose of supplying the ‘Spare Parts of Tractor’ to the customers, we procure the material from the supplier’s in our “Spare Parts Division” those who are supplying the material to our Tractor Manufacturing Plant also and sale those parts to customer after availing the Excise duty credit paid on them through our Dealers and Stockiest after discharging the Excise duty on the basis of MRP declared under cove the above said notification and The Standards of Weight & Measures (Packaged commodity )Rules, 1977.

Most of all suppliers are discharging the Excise duty on their Transaction Value and declaring the same time on the Invoice “ Exclusively for Industrial use as raw material “ and some of them are on the MRP.

Some times we procure the material from the suppliers those who are not registered with Central Excise Department or may be they are availing the SSI exemption, means ( they not charge the duty while supplying to us).

My Query is –
1.Can we clear the parts purchased (without availing the duty credit) without charging the Excise duty to our customers? or,
2.Being deemed manufacturer ultimately we have to discharge the duty or not.
3.In case of suppliers who are discharging the duty at their end on the basis of MRP on their own, can we break the MRP label and fix our MRP?.
4.Those who are discharging the duty on transaction value at their end, are they doing the right practice or what should they do ?.
5.Is the Tractor Accessories are exempted for the payment of excise duty as per the above mentioned notification?.

OR

What is the right procedure, we can follow ?

Dear All, Experienced

Pls. Clarify, it would be great help to us.

Regards
Sanjay Sharma

K.S.CHAHAL   11 July 2008 at 09:23

anticepitary bail

sir my client allready on bail in 324,325 ipc police has add 326ipc in same case we can got anticepitary bail in this case which authority can aviable tell me

arindam das   10 July 2008 at 19:57

CHARGE SHEET DEFINATION

WHAT IS THE LEGAL DEFINATION FOR 'CHARGE SHEET'? PLEASE CITE SUPREME COURT OR HIGH COURT DECISION.

AJIT KAWATKAR   10 July 2008 at 17:45

legal value of LL AGRMNT on stmp ppr[expired]

it is n maharashtra.Lessor is Unmmarried SR citizen 80+ Leasee couple{male] purchased stmp ppr of rs50/-in his name typed terms for lssor.with sweet talk & without paying scty deposit in full manage to get possession.later on it was noticed by lssor's relatives that stmp ppr.being old/expired[more than a yr].just before LL period of 11 m.leasee died with huge arrears.his wife is now refusing to pay &vacate. The Lessor wants dues'; repossession. i would like to know what is the legal value of agrmnt on expired stmp ppr. will she able to reposses her ownership appmnt.&dues?how? is there likelyhood that Leassee be declared PROTECTED TENANANT?in that cse will the Lessor get her outstanding dues? Please guid.

arunprakaash.m.   10 July 2008 at 16:22

agreement of sale

A has purchsased a flat in the co-op housing society in the year 1990 by executing an agreement of sale but the sale deed was not duly stamped and registered. 18 years has been passed. the vendor also is not now available in India presently. How to legalise this document? Is there any procedure by which the purchaser can regiter the agreement of sale by paying proper stamp duty under the amnesty scheme announced by the Government of Maharashtra.

Eliza Rumthao   10 July 2008 at 16:01

Lawyer's Benefits and reimbursement

Dear Team,


I wanted to know, if an Indian lawyer can be an employee in an NGO or non pro-fit organisation to represent the third party/any party in the court under an advocates Act. If so, under which statues,Act or case law? Can a lawyer who pratices in the court, in India could enjoy a medical reimbursement under a retainer agreement?

Pravin Desai   10 July 2008 at 15:46

Agricultural Land Ceiling on holding

Hello
Is there any maximum ceiling limit on holding of agricultural land for a company in Maharashtra?
if so how much?
is there any law for the same

Baldev Dewan   10 July 2008 at 14:04

Service Tax on Goods Transport agency

Sometimes we receive material through tractor trolley and make the payment of freight to the owner of the tractor trolley but he does not issue any GR or even if he issues a GR. Are we laible to pay service tax on the freight amount paid to tractor trolley owner and can the tractor trolley be treated as goods carriage under the definition of Goods transported by road?

Baldev Dewan   10 July 2008 at 13:34

service tax on residential colony with the factory premises

We are manufacturer of engg. products andregistered under Central Excise and as well as service tax. We have given a contract for construction of residential colony for workers and staff within the factory premises. The contractor has raised a bill and charged service tax. we have made the payment of the bill raised by the contractor. Can we take the Cenvat credit of service tax paid to the contractor on the construction of residential colony. Does it fall under the service of construction of residential complex?

Dayanandan P T   10 July 2008 at 12:16

Law of limitation

Kindly advise any change in law of limitation for filing money suits and other civil suits before the Hon'ble courts in India.



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