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TMI BlogManufacture stocks sales on trading invoiceX X X X Extracts X X X X X X X X Extracts X X X X ..... May be sale on trading invoice from manufacturing stock ? (as fuels,raw materials and any others) - Reply By Ganeshan Kalyani - The Reply = Please elaborate your query. - Reply By Raman Kumar Jha - The Reply = We want to sale material through trading A/C while we have the stock in manufacturing A/C i.e, are we eligible to sale the manufacturing stock through trading invoices - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Reply By KASTURI SETHI - The Reply = Query still incomplete. Whether the goods are excisable ? If so, first to pay Central Excise duty, if applicable and thereafter the second question ? - Reply By Ganeshan Kalyani - The Reply = Can you give an example to make your query little bit clear. - Reply By Raman Kumar Jha - The Reply = Dear Sir, Suppose we have a factory this name RR.Co.ltd with t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in no 123.... . .and same name with same tin no and same place also our a trading enterprises.Factory any material sale on manufacturing excise invoice (raw material,finish goods etc) But Same factory materials may we sale on trading invoice while trading stock is nill. Regards Raman Kr. Jha - Reply By Ganeshan Kalyani - The Reply = Trading means buying and selling of goods. It means they ar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e not manufactured by you. If you wish manufactured goods to sell under trading invoice it would be not as per provision. - Reply By Ganeshan Kalyani - The Reply = Just a curiosity, why to intend to do so. Rhetoric question. - Reply By KASTURI SETHI - The Reply = Trading of goods from the premises registered with Central Excise department is subject to conditions. A manufacturer registered ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with Central Excise department for manufacture and clearance of excisable goods can deal in trading of the goods from the same premises but with special permission from the Commissioner. Excisable goods manufactured by him and trading goods are to be kept separate and must not be inter-mingled. Separate area/room/godown has to be earmarked for both. Separate identity of both kinds of goods ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s to be kept. Clearance of excisable goods manufactured in the same premises has a separate procedure and trading goods have separate procedure. Both invoice books and maintenance of account and records should be separate. - Reply By Ganeshan Kalyani - The Reply = The query is clearly answered in lucid language. Thanks Sir. - Reply By AKBAR BASHA - The Reply = Dear Experts yours views in the b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... elow subjects will be highly benefited to us, I would like to state that we had established our unit at Jammu only because of the grant of the 100% exemption from payment of the duty of excise vide notification no. 56/2002 CE dated 14.11.2002. However consequent to the government withdrawing the said notification and restricting the benefit to 36% a writ petition challenging the above withdra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wal was moved before the Hon ble High Court of Jammu Kashmir and the Hon ble High court in the case of Reckitt Benckiser Vs. Union of India and Ors. (OWP No. 470/2008 pronounced on 23.12.2010 ) = 2010 (12) TMI 237 - JAMMU AND KASHMIR HIGH COURT held that withdrawing the benefit originally promised by Notification 56/2002 in the guise of such amending Notifications is hit by the principles ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of promissory estoppel. Consequently amending Notifications 19/2008-CE and 34/200/-CE have been quashed by the Hon ble High Court. As the said judgment squarely governed our case and as the consequent benefits of the Hon ble Court striking down the impugned notification were not forthcoming we have moved the Hon ble High Court of Jammu Kashmir challenging the amending notifications with con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sequential benefit of refund in term of notification No.56/2002-CE in Writ Petition no.___________. The said writ petition is pending disposal by the Hon ble High Court of Jammu Kashmir, Please advise how to get NOC from the excise department when our case is under pending with Humble court,As we had planned to close down the units surrender the excise registration. - Reply By Ganeshan Kalya ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ni - The Reply = Whether your exemption period is completed ? You can enjoy benefit upto the period you have alloted. Also refer Notification 1/2010 for reference. it may prove beneficial to you. Thanks. - Reply By AKBAR BASHA - The Reply = Dear Sir, Thanks for your kind reply as your goodself has mentioned to refer 1/2010 notification which talk about subtancial expantion ,We have no plan for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... continuing our business at jammu .Now my request we had paid 4 crores under protest to them by availing just 36% refund only but if the humble courts decide this on department favour ,we may need to pay them 1 crores .Now please advise how to comeout from this suituation and how we will get back our funds if the proceeding case is in our favour. - Manufacture stocks sales on trading invoice - Qu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ery Started By: - Raman Kumar Jha Dated:- 19-12-2015 Other Topics - Got 12 Replies - Indian Laws - Discussion Forum - Knowledge Sharing, reply post by an expert, personal opinion Tax Management India - taxmanagementindia - taxmanagement - taxmanagementindia.com - TMI - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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