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TMI BlogSeeks to notify the Articles of Jewellery (Collection of Duty) Rules, 2016, applicable to articles of jewellery or parts of articles of jewellery or both falling under heading 7113 of the Central Excise Tariff Act, 1985 (5 of 1986)X X X X Extracts X X X X X X X X Extracts X X X X ..... the context otherwise requires, (a) Act means the Central Excise Act, 1944 (1 of 1944) ; (b) assessment includes self-assessment of duty made by the assessee; (c) assessee means a manufacturer or principal manufacturer, as the case may be, of excisable goods; (d) Board means the Central Board of Excise and Customs constituted under the Central Board of Revenue Act, 1963 (54 of 1963); (e) duty means the duty payable under section 3 of the Act; (f) articles means articles of jewellery or parts of articles of jewellery or both falling under Heading 7113 of the Tariff Act , wherein the expression articles of jewellery shall have the meaning assigned to it as under chapter note 9 of chapter 71 of the Tariff Act ; (g) job work means processing or working upon of raw materials or semi-finished goods supplied to the job worker, so as to complete a part or whole of the process resulting in the manufacture or finishing of articles of jewellery or parts of articles of jewellery or both falling under heading 7113 of the First Schedule to the Central Excise Tariff Act; (h) job worker means a person engaged in manufacture or processi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , as the case may be, during the month of March, the duty shall be paid by the 31st day of March: Provided further that where an assessee is eligible to avail of the exemption under a notification based on the value of goods sold for the first time in a financial year, the duty on articles sold for the first time during a quarter of the financial year shall be paid by the 6th day of the month following that quarter, if the duty is paid electronically through internet banking and in any other case, by the 5th day of the month following that quarter, except in case of articles sold for the first time during the last quarter, starting from the 1st day of January and ending on the 31st day of March, for which the duty shall be paid by the 31st day of March. Explanation-1 . - For the removal of doubts, it is hereby clarified that, an assessee, engaged in the manufacture or production of the articles shall be eligible, if his aggregate value of clearances of all excisable goods for home consumption in the preceding financial year, computed in the manner specified in the said notification, did not exceed rupees fifteen crore. Explanation-2 . - The manner of payment as spe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sub-rule (1), as the case may be. (6) The provisions of section 11 of the Act shall be applicable for recovery of the duty as assessed under rule 5 and mentioned in the return filed under the Central Excise Rules, 2002 , the interest under sub-rule (4) and penalty under sub-rule (5) in the same manner as they are applicable for recovery of any duty or other sums payable to the Central Government. Explanation. - For the purposes of this rule, the expressions duty or duty of excise shall also include the amount payable in terms of the CENVAT Credit Rules, 2004 . 7. Daily stock account . - (1) Every assessee shall maintain separate records for receipt and sale of manufactured and traded articles, indicating the particulars regarding description of the manufactured articles, on a daily basis. (2) All records and documents maintained by the assessee for manufactured articles, including records showing receipts of articles manufactured or received back from job worker s premises, quantity of manufactured articles sold for the first time from the registered premises or centrally registered premises or branches of such centrally registered premises for home consu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h all the relevant provisions of these rules, as if he is an assessee. (2) The principal manufacturer may supply or cause to supply to a job worker any inputs or articles, so as to complete a part or whole of the process resulting in manufacture of articles under a challan, issue voucher or any other document which shall contain the following details, duly signed by the principal manufacturer or his authorised agent: (a) name and registration number of the principal manufacturer; (b) description and quantity of inputs or articles; (c) name of the person carrying the input or articles along with his signature and proof of identity; and (d) date of supply of inputs or articles. (3) The principal manufacturer shall maintain records for the inputs or articles received back from the job worker against the inputs or articles supplied to them. (4) The job worker shall not be required to get himself registered or shall not be required to maintain any record evidencing the processes undertaken for the sole purposes of undertaking job work under these rules. Explanation. - For the removal of doubts, it is hereby clarified that if any articles are lost, destroyed, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rule (3) of rule (8), the manufacturer or principal manufacturer, as the case may be, dealing in both manufactured and traded articles, may also pay excise duty on his first sale value, by treating his first sales during a month solely as sale of manufactured articles, if the quantity of such sales during the month is less than or equal to the opening stock of manufactured articles at the start of such month, at his own option, by giving a written declaration to the excise authorities having jurisdiction by the 28th day of February of the previous financial year: Provided that for the financial year 2016-17, such written declaration may be given to the Assistant Commissioner or Deputy Commissioner of Central Excise, as the case may be, having jurisdiction, by the 31st day of July, 2016: Provided further that for the period beginning from 1st March, 2016 to 31st March, 2016 such declaration may be given by the 31st day of July, 2016: (2) An option given under sub-rule (1) shall be valid for whole of the financial year for which it is given by the manufacturer or the principal manufacturer, as case may be. (3) For availing the optional scheme under sub-rule (1) a manu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gold or platinum articles 10 receives during the month of April manufactured stock traded stock silver studded articles 60 10 gold or platinum articles studded with diamonds 30 30 other gold or platinum articles 20 40 As the sales during the month for the three types of articles are less than the opening stocks of such manufactured articles, the same shall be deemed to be that of manufactured articles only, as summarised below: Quantity of articles deemed to be sold during the month of April of manufactured articles of traded articles silver studded articles 50 0 gold or platinum articles studded with diamonds 20 0 other gold or platinum articles 10 0 Total excise duty payable by such manufacturer or prin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d articles of each type, as summarised below: Quantity of articles deemed to be sold during the month of April of manufactured articles of traded articles silver studded articles 60 10 gold or platinum articles studded with diamonds 30 10 other gold or platinum articles 20 10 Total excise duty payable by such manufacturer or principal manufacturer for the month of April shall be the sum total of the excise duty payable on 60 kg of silver studded articles, 30 kg of gold or platinum articles studded with diamonds and 20 kg of other gold or platinum articles. After deducting the sales during the month of April, the closing stocks of manufactured and traded articles as on 30th April, which shall also be the opening stock as on 1st May, of three types of articles, with the manufacturer or principal manufacturer shall be as under: Closing stock as on 30th April / opening stock as on 1st May manufactured stock trad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is 10 kg] shall be counted towards the manufactured articles received during the month, as summarised below: Quantity of articles deemed to be sold during the month of April of manufactured articles of traded articles silver studded articles 60 10 gold or platinum articles studded with diamonds 40 20 other gold or platinum articles 20 10 Total excise duty payable by such manufacturer or principal manufacturer for the month of April shall be the sum total of the excise duty payable on 60 kg of silver studded articles, 40 kg of gold or platinum articles studded with diamonds and 20 kg of other gold or platinum articles. After deducting the sales during the month of April, the closing stocks of manufactured and traded articles as on 30th April, which shall also be the opening stock as on 1st May, of three types of articles, with the manufacturer or principal manufacturer shall be as under: Closing stock as on 30th April / opening stock as o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e excise duty as per the optional scheme under rule (12), the cumulative sales of a particular type of articles on which duty has been paid or which have been exported till the end of a particular return cycle are less than the cumulative receipts till the end of that return cycle of such manufactured articles, then the dead stock of such articles at the end of such return cycle, equal to the difference between the cumulative receipts of manufactured stock and the cumulative sales till the end of such return cycle shall be deemed to be that of manufactured articles, and balance, if any, shall be considered as that of traded articles. Illustration. Thus, two alternative situations can be considered in treatment of the dead stock at the end of the quarter: Situation 1 Cumulative sales at the end of return cycle are more than the cumulative receipts of manufactured articles: i. Cumulative receipts of manufactured silver studded articles till the end of a quarter are 100 kg. ii. Cumulative sales of manufactured silver studded articles till the end of the quarter are 110 kg (out of which on 100 kg the manufacturer or principal manufacturer, as the case may be, has paid e ..... X X X X Extracts X X X X X X X X Extracts X X X X
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