Amends the Central Excise Valuation (Determination of Price of Excisable Goods) Rules, 2000 - 009/2007 - Central Excise - Non Tariff

Amends the Central Excise Valuation (Determination of Price of Excisable Goods) Rules, 2000

New Delhi, the 1st March, 2007

10 Phalguna, 1928 (Saka)

Notification No. 9/2007-Central Excise (N.T.)

G.S.R. (E).- In exercise of the powers conferred by section 37 of the Central Excise Act, 1944 (1 of 1944), the Central Government hereby makes the following rules further to amend the Central Excise Valuation (Determination of Price of Excisable Goods) Rules, 2000, namely:-

1. (1) These rules may be called the Central Excise Valuation (Determination of Price of Excisable Goods) Amendment Rules, 2007.

(2) They shall come into force on the 1st day of April, 2007.

2.   In the Central Excise Valuation (Determination of Price of Excisable Goods) Rules, 2000, after rule 10, the following rule shall be inserted, namely.-

"10A.Where the excisable goods are produced or manufactured by a job-worker, on behalf of    a person (hereinafter referred to as principal manufacturer), then,-

(i) in a case where the goods are sold by the principal manufacturer for delivery at the  time  of  removal  of  goods  from  the  factory  of  job-worker,  where  the  principal manufacturer and the buyer of the goods are not related and the price is the sole consideration for the sale, the value of the excisable goods shall be the transaction value of the said goods sold by the principal manufacturer;

(ii) in a case where the goods are not sold by the principal manufacturer at the time of removal of goods from the factory of the job -worker, but are transferred to some other place from where the said goods are to be sold after their clearance from the factory of job-worker and   where the principal manufacturer and buyer of the goods are not related and the price is the sole consideration for the sale, the value of the excisable goods shall be   the   normal transaction   value   of such goods sold   from such other place at or about the same time and, where such goods are not sold at or about the same time, at the time nearest to the time of removal of said goods from the factory of job-worker;

(iii) in  a  case  not  covered under clause (i)  or (ii),  the  provisions  of  foregoing  rules,wherever applicable, shall  mutatis  mutandis apply for determination of the value of the excisable goods:

Provided that the cost of transportation, if any, from the premises, wherefrom the goods are sold, to the place of delivery shall not be included in the value of excisable goods.

Explanation.-  For  the  purposes  of  this  rule,  job-worker  means  a  person  engaged  in  the manufacture or production of goods on behalf of a principal manufacturer, from any inputs or goods supplied by the said principal manufacturer or by any other person authorised by him."

[F. No. 334/1/2007-TRU]

S. Bajaj

Under Secretary to the Government of India

Note.- The principal rules were published in the Gazette of India, Extraordinary vide notification No. 45/2000-Central Excise (N.T.), dated the 30th June, 2000 [G.S.R.575(E), dated the 30th June, 2000], and was last amended vide notification No.  60/2003-Central Excise  (N.T.), dated the  5th August,  2003 [G.S.R.632(E), dated the 5th August, 2003].