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Central excise - LABOUR JOB

(Querist) 10 August 2009 This query is : Resolved 
WE ARE A MANUFACTURE OF PLASTIC BOTELS AS PACKAING MATERIAL . WE PURCHASE RAW MATERIAL FROM A LIMITED IN MUMBAI & SEND FOR LABOUR JOB TO B LTD. IN MUMBAI WITH CENTRAL EXCISE ANEXURE 2 ISSUED BY US , WE ARE EXEMPT FROM EXCISE IN UTTRANCHAL BUT B LTD IS A EXCISABLE UNIT IN MUMBAI. B LTD. GIVE INTIMATION IN CENTRAL EXCISE DEPARTMENT AS A SALES OF PLASTIC PRODUCT NOT LABOUR JOB.

MY QUESTION IS :

1- IF B LIMITED DON’T INTIMATE FOR LABOUR JOB . CAN HE DO LABOUR JOB. IF YES WHAT HE CHARGED EXCISE DUTY OR SERVICE TAX ( HE DOES’T ADD ANY MATERIAL IN LABOUR JOB & CROSS EXCISE DUTY & SERVICE TAX EXEMPT LIMIT)


2- IF B LIMITED SEND MATERIAL AFTER LABOUR JOB,,CAN WE ISSUE F FORM AGST THIS TRANSACTION ALTHOUGH WE SEND ANEXURE 2


3-WHAT IS CONSIQUENCIES IF HE DONE LABOUR JOB WITHOUT ANY INTIMATION IN CENTRAL EXCISE DEPARTMENT FOR LABOUR JAB . PLEASE GIVE ANY NOTIFICATION NO.
DON BOSCO Proprietor of DON As (Expert) 11 August 2009
My Dear Sir,

first your querry is confusion... any how..please note the below.

1. if you are paying excise duty on your final products your job worker B need not to charge Excise duty or Service tax.

2. if you are not paying excise duty on your final product your job worker B has to pay excise duty on labour charges along with a material value... this wil come under notification 83/1994 and 84/1994. the job worker has to submitt a declaration to the AC/DC under Notification 214/1986. if you need more clarrification please send mail to me bosco.excise@gmail.com


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