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    EXECUTIVE SUMMARY

    HISTORY OF TAXATION

    In India, the system of taxation as it is known today has been in force in one form or

    another even from ancient times. There are references both in Manu Smriti and

    Arthasastra to a variety of tax measures.

    The origin of the word "Tax" is from "Taxation" which means an estimate. The levies

    and taxes in various forms were imposed to meet the needs of the governments for

    their military and civil expenditure, safety towards the common needs of the citizens.

    CONCEPT OF INDIRECT TAXATION

    Indirect taxes, ranging from VAT and customs duties to environmental levies, affect

    the supply chain and the financial system. They create unique challenges to multi-

    national tax functions.

    CONSTITUTIONAL BACKGROUND OF INDIRECT TAXATION

    Indian Constitution has given powers to Central Govt. and State Govt. to levy various

    taxes and duties. Powers of Central and State Govt. are enlisted in Seventh Schedule

    to our Constitution.

    Excise is a duty on excisable goods manufactured or produced in India. Each word of

    this definition is vitally important to fix liability of Central Excise Duty. Power to

    levy excise duty is derived from Constitution.

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    1. COMPANY INTRODUCTION

    Exide, a global leader in stored electrical energy solutions with operations in over80 countries and one of the worlds largest producers and recyclers of lead-acid

    batteries.

    Exide is a dominant player in the Industrial Battery segment. The Company exports batteries which have captured niches in South East Asian

    and European markets.

    Global Quality developed and produced according to international standards andISO 9001, 14001& ISO /TS-16949.

    EXIDE Offer a Wide Range of Batterys. EXIDE product range covering capacities from 2.5 Ah to 10,000 Ah and more. EXIDE offers complete solution regarding equipment selection, battery sizing,

    optimum room layout, installation, operation, & maintenance. We offer lead acid

    batteries from 2-5Ah to 20,400Ah. No other company in India offer wide range of

    capacity.

    Over 52 years accumulated experience of Research & development,manufacturing 7 field operations.

    EXIDEs R & D centre, set up in 1976, Research under ministry of science &technology, govt of India.

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    1.1 PROJECT INTRODUCTION

    A study on Indirect taxation with special reference to central excise at Exide

    Industries ltd.

    PROJECT CATEGORY:

    This project title presentation is for centralexcise which is underlined for Exide

    Industries Ltd. Company is a manufacturing dominant player in the Industrial Battery

    segment.

    REASON BEHIND CHOOSING THIS COMPANY & PROJECT:

    One of the High revenue paying company.

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    1.2 ENDEAVOR, OBJECTIVES

    ENDEAVOR:

    As brought out in the title of the project the basic try of the project is to analyze the

    workings under central exciseat Exide Industries Ltd; and keeping this as the major

    priority in mind was essential that the project was carried out in the systematic

    manner.

    OBJECTIVES:

    To understand the meaning, concepts and importance of indirect taxation in India. To know the different types of Indirect taxes such as (Central Excise, Custom

    Duty, Service Tax) through various different Legislations & Acts made by the

    government for collection of revenue from manufacturing industry.

    To know the system available under Central Excise for calculation of Exciseliability and CENVAT credits.

    To know how the Exide Industries ltd makes the utilization of Cenvat creditrelated to the input transaction in their books of Account & what are the

    provisions regarding the payment of duty they need to follow.

    To know the effect towards breakdown of not paying the duty in due time & howmuch concession a SSI can benefit under the Central Excise.

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    1.3 SCOPE

    The scope of this project is to understand Central Excise under Indian indirecttaxation.

    The study is based on actual data collection and interpretation so it will help to see& examine the overall position of Exide Industries Ltd.

    Improving the business by optimizing maximum credit availing facility fromsuppliers.

    Eliminate divergent practices in the applicant of Excise laws and procedures atdifferent formations by effective monitoring and analysis of the computerizeddatabase.

    This venture will surely clarify the complexity about the taxation and legislationswhich will be easy to understand by the society as whole.

    The project is helpful to new entrepreneur for taking due care of the central Exciserules and regulations laid down by the governments.

    To make it more helpful for business organizations, firms and individual.LIMITATIONS

    Project duration was two months so in detail study of each and every concept wasnot possible.

    Some data was confidential in nature due to which nearby information necessarywas not available so, appropriate figures are used.

    Few working nature of excise duties were more critical which were difficult tounderstand.

    Due to the month of filling returns of Exide industries, the working system ofaccounts department was always busy, due to which time availability was less.

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    2. COMPANY PROFILE

    Production:

    Lead Acid Storage Batteries; 2.5 AH to 12600 AH; Automotive, Motorcycle, Industry

    standby, Motive power, Submarine.

    Capital:

    Authorized Rs.100 Crores, paid up 80 Crores

    Turnover:

    4554 croresas on 2010-2011.

    Employees:

    Approx 10349 globally as on 01 June 2009.

    Different segments :

    35% Market share in after market (including under organized sector) 80% of

    Organized Sector 50% Industry Battery Market.

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    2.1 NAME, ADDRESS & LOCATION OF COMPANY

    EXIDE INDUSTRIES LTD

    (INDIAS ASSOCIATED BATTERY)

    D-2, MIDC Industrial Estate, Chinchwad, Pune-411019.

    Phone: + 91 - 2027451586

    REGD. & HEAD OFFICE

    59 E Chowringee Lane, Calcutta 7000020.

    Tel: (020) 27503000, 27451585-88

    Fax: (020) 66114480

    MARKETING OFFICE

    Exide House

    6A, Hatibagan Road, Entally, Kolkata700 014

    R & D CENTER

    Research & Development Centre,

    217, Nazrul Islam Avenue,

    Kolkata700 059

    Phone: 03325005458 / 5225 / 5660

    Fax: 03325005545

    SERVICE NETWORK

    91, New Chord Road, P.O. Athpur, Shamnagar743 128, 24 Parganas (North)

    Phone: 03325800113/22812146/2147/2148

    Mobile: (+91) 9932054192

    Fax: 03325813930

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    2.2 VISION:

    Simultaneous to providing credible valve addition to customer, employees and

    shareholders, being recognize by society as a responsible corporate citizen. In

    addition achieving operational excellence along with caring for environment

    protection.

    MISSION:

    To carefully balance the interest of all stakeholders, strive to fulfill aspirations of the

    employees and pursue excellence with passion, without deviating from our core

    valves.

    CORE VALUES:

    Fundamental axioms that organization believes in and people respect and work

    towards.

    Our Core values:

    Customer Orientation

    Personal Integrity & commitment

    Teamwork and Mutual support

    People development and Involvement

    Striving for excellence

    Management by process and facts

    Responsible corporate citizen

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    2.3 HISTORICAL DEVELOPMENT

    1916 Chloride Electrical Storage Co. (CESCO), UK, set up trading operations inIndia as an import house.

    1946 First factory set up in Shamnagar, West Bengal. 1969 Second Factory set up in Chinchwad, Pune. 1976 R&D Centre established in Kolkata. 1981 Third factory set up in Haldia, West Bengal. 1992 First Submarine batteries delivered to the Indian Navy. 1995 Chloride Industries Ltd renamed Exide Industries Limited. (EIL) 1997 Fourth factory set up at Hosur, Tamil Nadu. 2000 Acquisition of 100% stake in Chloride Batteries South East Asia Pte Ltd.,

    (CBSEA), Singapore & 49% in associated battery Manufacturers, Ceylon,

    (ABMEL), and Sri Lanka.

    2000 Implementation of SAP Enterprise Resource Planning integrating CorporateOffice, Nine Factories, R&D Centre and More than 30 Sales Offices across India.

    2003 Commissioning of Eighth factory at Bawal, HaryanaNew JV Company in UK- ESPEX Batteries Ltd formed with 51% EIL holding.

    Strategic Alliance with IBG in Netherlands for Marketing in Europe.

    2005 Investment in 50% shareholding of ING Vysya Life Insurance CompanyLimited.

    2007 Acquired 100% stake in Tandon Metals Ltd. 2008 Acquired 51% stake inLead Age Alloys India Ltd.

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    2.4 PRODUCTS

    SUBMARINE BATTERIES

    INDUSTRIAL BATTERIES

    AUTOMOTIVE BATTERIES

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    2.5 AWARDS/ACHIEVEMENTS

    100 PPM award from OEM customer American Power CorporationJanuary 03 Quality award from OEM customer Toyota - April 03 & April 04 Safety award from Government of Tamilnadu - April03 100 PPM award from OEM customer Hyundai - June03 Zero PPM Award from OEM customer ToyotaApril04 Green award from OEM customer Toyota - April04 Best Quality supplier award from OEM customer ToyotaApril05 Zero PPM award from OEM customer Toyota- April05 Quality Delivery Award from OEM customer Toyota - April05 First Prize in Best Garden Competition (Industrial Category) awarded by Mysore

    Horticulture Society2005

    Leadership and Excellence Award in Safety, Health & Environment by CII2006 Indian Manufacturing ExcellenceGold Award for Automotive Ancillary

    Category from Frost & Sullivan in 2006

    CII-EXIM Bank Award for Strong Commitment to Excel by CII in 2006 6th TERI Corporate Environmental Award- May 07

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    3. THEOROTICAL BACKGROUND

    INDIRECT TAX SYSTEM IN INDIA

    India has a well developed tax structure with a three-tier federal structure, comprising

    the Union Government, the State Governments and the Urban/Rural Local Bodies.

    The power to levy taxes and duties is distributed among the three tiers of

    governments, in accordance with the provisions of the Indian Constitution.

    The main duties that the Union Government is empowered to levy are Income Tax,

    Customs duties, Central Excise and Sales Tax and Service Tax.

    The principal taxes levied by the State Governments are Sales Tax (tax on intra-State

    sale of goods), Stamp Duty (duty on transfer of property), State Excise (duty on

    manufacture of alcohol), Land Revenue (levy on land used for agricultural/non-

    agricultural purposes), Duty on Entertainment and Tax on Professions & Callings.

    Union Government

    State Governments

    Urban/Rural Local Bodies

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    The Local Bodies are empowered to levy tax on properties (buildings, etc.), Octroi

    (tax on entry of goods for use/consumption within areas of the Local Bodies), Tax on

    Markets and Tax/User Charges for utilities like water supply, drainage, etc.

    SINCE 1991 TAX SYSTEM IN INDIA HAS UNDER GONE RADICAL

    CHANGES.

    Reduction in customs and excise duties Lowering corporate tax Widening of the tax base and matching up the tax administration

    INDIRECT TAXES REFORMS

    The indirect tax rule in India is still in the early stages of growth. Both the Centraland State governments charge a multitude of indirect taxes. The central

    government charges tax on goods at the point of import (Customs duty),

    manufacture (Excise duty), interstate sales (Central sales tax or CST) and on

    provision of services (Service tax).

    The state governments charge tax on goods sold within the state (Sales tax/ValueAdded Tax or VAT), and on the goods that enter the state (Entry tax).

    In the present scenario corporate would have to analyze the tax cost involved in atransaction, have enough backup documentation to support their tax positions and

    keep looking for ways for tax maximization.

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    WHAT IS A TAX?

    A compulsory contribution made by the assessee to the government from his earnings.

    HOW MANY TYPES OF TAXES ARE THERE?

    There are two types of Taxes in India

    DIRECT TAXES INDIRECT TAXESDirect tax refers to the type of tax which has to be paid by the person on whom it is

    imposed and cannot b transferred on another person, ex-corporate tax and income tax.

    Indirect tax refers to the type of tax which is imposed on one person but is transferred

    to another. Ex-vat and sales tax are the taxes which are imposed on a product and

    therefore on a retailer but the retailer realize it from the customers.

    CONCEPT OF INDIRECT TAXATION

    An indirect tax is a tax collected by an agent (such as a retail store) from the person

    who bears the ultimate economic burden of the tax (such as the consumer). The agent

    later files a tax return and forwards the tax proceeds to government with the return. In

    this sense, the term indirect tax is contrasted with a direct tax which is collected

    directly by government from the persons (legal or natural) on which it is imposed.

    http://en.wikipedia.org/wiki/Taxhttp://en.wikipedia.org/wiki/Governmenthttp://en.wikipedia.org/wiki/Governmenthttp://en.wikipedia.org/wiki/Tax
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    IMPORTANCE OF TAXATION:

    Without taxation there is no nation. Without some form of formal governance, no

    group larger than a small village can operate. Things that are jointly needed, like

    roads, hospitals, armed forces for protection, police, etc, all require taxation to

    operate.

    A nation cannot be built by individuals. It requires the combined efforts of all

    members of society. It means that some must work entirely for the public good, for

    example building roads or canals, ports, etc, and they must be provided for by the rest

    of society. The only practical way to do that is through some form of taxation.

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    TYPES OF INDIRECT TAXES

    A] THE CENTRAL EXCISE:

    The Central Excise duty is levied in terms of the Central Excise Act, 1944 and the

    rates of duty are prescribed under the Schedule I and II of the Central Excise Tariff

    Act, 1985. The taxable event under the Central Excise law is manufacture /

    production and the liability of Central Excise duty arises as soon as the goods are

    manufactured or produced. As per the Central Excise Act, duty is leviable only on

    excisable goods. I.e. Goods specified in Central Excise Tariff Act, 1985.

    The Central Excise Officers are also entrusted to collect other types of duties levied

    under Additional Duties (Goods of Special Importance) Act, Additional Duties

    (Textiles and Textiles Articles) Act, and Cess etc.

    In 2001, new Central Excise (No.2) Rules, 2001 have replaced the Central Excise

    Rules, 1944 with effect from 1 July 2001. Other rules have also been notified namely,

    CENVAT Credit Rules, 2001, Central Excise Appeal Rules, 2001etc.

    There are less numbers of rules, only 32 as compared to 234 earlier. With the

    introduction of the new rules several changes have been effected in the procedures.

    The new procedures are simplified.

    Excise duty is an indirect tax levied and collected on goods manufactures in India.

    An excise or excise tax (also called an excise duty) is a type of tax charged on goods

    produced within the country. It is a tax on the production or sale of a good. This tax

    is now known as the Central Value Added Tax (CENVAT).

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    WHAT IS CENTRAL EXCISE? HOW IT DIFFERS FROM OTHER TAXES:

    "Excise', as stated in the Oxford Dictionary, was originally 'acise' , a word derived

    from the Latin, 'accensav', meaning 'to tax'.

    The primary and fundamental meaning of 'Excise Duty' or 'Duty of Excise' is tax on

    articles produced or manufactured in the taxing country and intended for home

    consumption (i.e. consumption within the same country).

    It is an indirect duty which the manufacturer or producer passes on to the ultimate

    consumer, that is, its ultimate incidence will always be on the consumer.

    IMPORTANT ROLE OF CENTRAL EXCISE IN INDIA:

    Central Excise revenue is the biggest single source of revenue for the Governmentof India.

    The Union Government also tries to achieve different socio-economic objectivesby making suitable adjustments in the scope and quantum of levy of Central

    Excise duty.

    The scheme of Central Excise levy is suitably adapted and modified to servedifferent purposes of price control, industrial growth, promotion of small scale

    industries and the like.

    WHO ARE LIABLE TO PAY EXCISE DUTY?

    The liability to pay tax excise duty is always on the manufacturer or producer of

    goods. There are three types of parties who can be considered as manufacturers:

    Those who personally manufacture the goods Those who get the goods manufactured by employing hired labour Those who get the goods manufactured by other parties

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    TYPES OF CENTRAL EXCISE DUTIES

    Under the custom laws, the following are the various types of duties which are

    leviable.

    There are three types of Central Excise duties collected in India namely

    Basic excise duty

    This is the duty charged under section 3 of the Central Excise Act, 1944 on all

    excisable goods other than salt which are produced or manufactured in India at the

    rates set forth in the schedule to the Central Excise tariff Act, 1985.

    Additional duty of excise

    Section 3 of the Additional duties of Excise (goods of special importance) Act, 1957

    authorizes the levy and collection in respect of the goods described in the Schedule to

    this Act. This is levied in lieu of sales tax and shared between Central and State

    Governments. These are levied under different enactments like medicinal and toilet

    preparations, sugar etc. and other industries development etc.

    Special excise duty

    As per the Section 37 of the Finance Act, 1978 Special excise Duty was attracted on

    all excisable goods on which there is a levy of Basic excise Duty under the Central

    Excises and Salt Act, 1944.Since then each year the relevant provisions of the Finance

    Act specifies that the Special Excise Duty shall be or shall not be levied and collected

    during the relevant financial year.

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    B] CUSTOMS

    Customs duty is on imports into India and export out of India. Section 12 of Customs

    Act, often called charging section, provides that duties of customs shall be levied at

    such rates as may be specified under The Customs Tariff Act, 1975, or any other law

    for the time being in force, on goods imported into, or exported from, India.

    TYPES OF CUSTOM DUTIES

    Basic Customs Duty

    All goods imported into India are chargeable to a duty under Customs Act, 1962 .The

    rates of this duty, popularly known as basic customs duty, are indicated in the First

    Schedule of the Customs Tariff Act, 1975 as amended from time to time under

    Finance Acts. The duty may be fixed on basis or specific rate basis. The duty may be

    a percentage of the value of the goods or at a specific rate. The Central Government

    has the power to reduce or exempt any good from these duties.

    Safeguard Duty

    Central Government is empowered to impose 'safeguard duty' on specified imported

    goods if Central Government is satisfied that the goods are being imported in large

    quantities and under such conditions that they are causing or threatening to cause

    serious injury to domestic industry. Such duty is permissible under WTO agreement.

    Safeguard is a step in providing a need-based protection to domestic industry for a

    limited period, with ultimate objective of restoring free and fair competition

    http://www.eximguru.com/exim/indian-customs/customs-acts-1962.aspxhttp://www.eximguru.com/exim/indian-customs/cta-1975/customs-tariff-act-1975-act-no-51-of-1975.aspxhttp://www.eximguru.com/exim/guides/export-finance/default.aspxhttp://www.eximguru.com/exim/guides/export-finance/default.aspxhttp://www.eximguru.com/exim/indian-customs/cta-1975/customs-tariff-act-1975-act-no-51-of-1975.aspxhttp://www.eximguru.com/exim/indian-customs/customs-acts-1962.aspx
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    Protective Duties

    Tariff Commission has been established under Tariff Commission Act, 1951. If the

    Tariff Commission recommends and Central Government is satisfied that immediate

    action is necessary to protect interests of Indian industry, protective customs duty at

    the rate recommended may be imposed under section 6 of Customs Tariff Act. The

    protective duty will be valid till the date prescribed in the notification.

    Anti Dumping Duty

    Often, large manufacturer from abroad may export goods at very low prices compared

    to prices in his domestic market. Such dumping may be with intention to cripple

    domestic industry or to dispose of their excess stock. This is called 'dumping'. In order

    to avoid such dumping, Central Government can impose, under section 9A of

    Customs Tariff Act, anti-dumping duty up to margin of dumping on such articles, if

    the goods are being sold at less than its normal value. Levy of such anti-dumping duty

    is permissible as per WTO agreement. Anti dumping action can be taken only when

    there is an Indian industry producing 'like articles'.

    http://www.eximguru.com/exim/indian-customs/anti-dumping-duty.aspxhttp://www.eximguru.com/exim/indian-customs/anti-dumping-duty.aspx
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    C] SERVICE TAX

    Service Tax was first brought into force with effect from 1 July 1994. Service Tax is a

    form of indirect tax imposed on specified services called "taxable services".

    Service tax cannot be levied on any service which is not included in the list of taxable

    services. Over the past few years, service tax been expanded to cover new services.

    The objective behind levying service tax is to reduce the degree of intensity of

    taxation on manufacturing and trade without forcing the government to compromise

    on the revenue needs.

    The intention of the government is to gradually increase the list of taxable services

    until most services fall within the scope of service tax

    Some of the major services that come under the ambit of Service Tax are:

    Telephone Stockbroker General Insurance Courier agencies Air travel agents Architects Management Consultants Practicing Chartered Accountants Real Estates Agents/Consultants Credit Rating Agencies Underwriters Agencies

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    3.1REVIEW OF LITRETURE

    Project No.1

    YEAR OF THE PROJECT: 2005-07.

    INSTITUTE NAME: Vishwakarma Institute of Management.

    NAME OF THE COMPANY: Visteon automotive system India Pvt. Ltd.

    CANDIDATE NAME: Rimon Rakshit.

    MAJOR OBJECTIVES OF THE PROJECT:

    To Study all related aspects & the law relating to Central Excise. How the Visteon Automotive System makes the entry of their excise related

    transaction in their books of Account & what are the provisions regarding the

    payment of duty they need to follow.

    What will be case if there any failure of paying the duty in due time & how muchconcession a SSI can benefit under the Central Excise.

    MAJOR FINDINGS:

    Discuss with Excise Authorities & Experts- A plan of assessee can be discussed

    with excise authorities and experts and he need not be over confident in these matters.

    Study Product & Pricing Policies- An assessee needs to study the product and

    pricing policies thoroughly and ensure that these are so designed that unnecessarily

    heavy duty is not paid.

    Project No.2

    YEAR OF THE PROJECT: 2006-07.

    INSTITUTE NAME: Vishwakarma Institute of Management.

    NAME OF THE COMPANY: Ameya Management Consultancy Pvt. Ltd.

    CANDIDATE NAME: Ashish.D.Kulkarni

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    MAJOR OBJECTIVES OF THE PROJECT:

    To understand the concept of Cenvat credit and the charging section of the same. To understand the situations in which Cenvat credit can be availed. To know the various section relating to penalties if the Cenvat credit is wrongly

    availed.

    MAJOR FINDINGS:

    The accusation about wrong availment of Cenvat credit made on the party isbasically wrong because the process of manufacture can be seen as a process of de

    coiling, slitting, notching etc are intermediate stages of manufacture and thus no

    doubt these activities are as per the said definition.

    In addition to this the reason that Cenvat credit is legally claimed is because thecoil which is purchased is an input for manufacture of final product and thus credit

    is allowed on it.

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    3.2 FUNDAMENTAL CONCEPTS

    CENVAT

    Meaning: The term CENVAT refers to excise duty under Sec 3 of the central Excise

    Act 1944. CENVAT is a scheme under Central excise and service tax law which

    enables manufacturers to take credit of their specified duties paid on eligible inputs

    and capital goods as well as Service tax paid on notified input services which are

    received with specified duty/tax paying documents and used in, or in relation to

    manufacture and clearance of dutiable final product.

    1986 Modified value added tax i.e. modvat introduced by the central government

    which enabled the manufacturers to avail credit of excise duty paid on the input used

    in or in relation to manufacture of end product.

    Offset of duty paid on input stage against duty payable at the final stage.

    In 1994, modvat was extended to capital goods modvat scheme was changed to be

    called central value added tax scheme i.e. Cenvat scheme.

    In 2000 with the object to combine and unify the rules 57aa to 57ak for capital goods

    and input goods into one set of rules the Cenvat credit rules, 2001 was framed it was

    further simplified and reviewed into new Cenvat credit rules 2002.

    Scheme designed to reduce the cascading effect of indirect taxes on final products.

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    THE BENEFITS OF CENVAT

    One of the reasons why Cenvat is chosen as a tax system is that it is said to stimulate

    the production of goods and services within a country. This is because under this

    system manufacturers get credits when they choose to buy their materials locally and

    these credits can be used against tax on the finished product. This is good for the local

    economy because it means that the manufacturer will be less tempted to buy materials

    abroad in countries where there is less tax to be paid.

    The fact that the manufacturer pays less tax on their finished goods due to credits

    because they bought materials locally means that they can then sell their product for

    less. This encourages people to buy and so this will further stimulate the local

    economy. All in all this type of system is seen as a good way to keep a country

    prosperous and producing plenty of goods.

    As well as stimulating local production there are also many other benefits to the

    Cenvat scheme. As we have already mentioned it is based on the same idea as value

    added tax and this has been shown to be a very successful form of taxation. This is

    because there tends to be a lot less tax evasion and thus increased compliance and

    more tax revenue for the government. The other notable benefit of this type of

    taxation is that it is a lot more transparent than other forms of taxation.

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    CENVAT IN ACTION

    The scheme was originally called Modvat (modified VAT) and the purpose of this

    was to allow the manufacturer to take credit of excise duty paid on raw materials that

    they use to make their products. The Modvat scheme was later renamed Cenvat; it

    also changed slightly because Cenvat had less restrictions than Modvat. The use of

    Cenvat proved very successful in India because it provided manufacturers with a great

    incentive.

    ADVANTAGES OF CENVAT:

    The CENVAT scheme is very liberal and user friendly. All industries will certainly derive of the benefit of the CENVAT scheme,

    more so when the applicability has become wider and record keeping has been

    made much easier.

    Due to easy compliance and acceptance of the scheme by many industriesthere will be better compliance by the assesse which will ultimately increase

    revenue to government.

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    A CENVAT CREDIT - CREDIT RAISED AND AVAILED PROCESS

    COMPANY

    Manufactures Pen @

    Rs 2/-

    Purchases material atRs 1/- from

    vendor/supplier.

    Sales refill to companyat Rs 1/- which already

    includes paid tax.

    The Company Processes

    materials to finished

    product & sells at Rs 5/-

    by adding their

    appropriate charges.

    While selling the Pen @

    Rs 5/- company have to

    pay Rs 1.50/- as tax but,

    Rs 0.50/- is already paid

    while purchasing refillfrom supplier.

    VENDOR/SUPPLIER

    Manuf cost Rs 0.20/-

    Tax Rs 0.50/-

    Profit Rs 0.30/-

    1) In this diagram it is clarified that the amount of taxpaid by the vendor to govt is collected from the

    company while selling.

    2) Once the company processes the finished goodsthey are charged with certain profits and sold at

    appropriate selling price.

    3) As the 50% of tax is paid by the vendor andrecovered from company while selling. The

    company further avails the credit of 50% tax

    which have already being paid and remaining tax

    amount is paid to the govt.

    Manufactures Pen Refill

    @ Rs 1/-

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    How CENVAT scheme operates?

    Example:

    Product X

    Amount of duty paid (Rs.)

    A) Inputs1) Steel 1502) Aluminum 1503) Components 904) Paints 505) Consumable (e.g. Welding Electrodes) 706) Packing Materials 40TOTAL 550

    B) Final ProductsAssessable Value 10000Duty (10%) 1000

    C) Payment of Excise Duty on clearance of finalproducts Duty payable as per B

    1000

    Less CENVAT Credit on inputs availed as per

    A

    550

    Duty payable by Cash 450

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    PROCESS RELATED TO TRANSACTIONS & PROVISIONS REGARDING

    THE PAYMENT OF DUTY THE COMPANY FOLLOWS:

    The details are taken from the Document of Cenvat challan. Due to 3

    rd

    party

    documentation it was unable to show the actual contents and the challan format.

    The very 1st

    area of system lies on the first screen of system.

    Select then area for [JITEX]which states for (Incoming Excise Invoices).

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    The 2nd

    area lies for the G/RGoods Receipt no. Input it in system.

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    The 3rd

    screen appears while clicking the G/R no.

    1st

    Tab i.e. Excise Invoice

    Input the following details in system.

    Excise Document No. /Doc Date/ Excise Base amount-This amount is assessable

    amount

    It is the value on which we avail 10% Cenvat

    CENVAT EDU CESS HIGHER EDU CESS

    10% 2% 1%

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    Click Post CENVAT

    We receive a screen with Excise Invoice operation.

    Take Excise Invoice No.

    Serial No.

    Acct Doc No.

    Note: If by mistaken there is a wrong entry input in system it cannot be changed.

    But it should be reversed in system.

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    INPUT, INPUT SERVICES & CAPITAL GOODS

    Inputs which are goods are eligible for Cenvat Credit by both manufacturer as well as

    service provider.

    Definition: Input covers fuel used in factory in or in relation to manufacture of final

    products or for any other purpose. Thus fuel will be eligible for Cenvat Credit evenif

    electricity/Stream generated is utilized outside the factory.

    Cenvat is available on Packaging Material: Cenvat is available on packing material

    as per Cenvat Credit Rules.

    Earlier specified packing materials and materials from which such packing material

    are made, provided the cost of such packing materials is included in value of final

    products as input.

    Input Service: Input service means any service,

    (I) Used by a provider of taxable service.

    (II) Used by the manufacturer, whether directly or indirectly, in or in relation to the

    manufacture of final products and clearance of final products from the place of

    removal.

    Capital Goods for Cenvat: Cenvat Credit is available on capital goods.

    Some provisions are common while there are some specific provisions in respect of

    Cenvat on Capital Goods.

    General Provisions applicable to both inputs & capital goods.

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    Following are the Capital goods,

    o Machinery.o Pollution Control Equipment.o Components, spares and accessories of the goods.o Moulds and dies.o Refractorys and refractory materialo Tubes, pipes and fittings thereof used in the factory.o Storage tank.Capital goods manufactured within the factory: As per rule of Cenvat Credit

    Rules, input includes goods used in manufacture of capital goods which are further

    used in the factory of manufacturer.

    Thus if a manufacturer manufactures some capital goods within the factory, goods

    used to manufacture such capital goods will be eligible as inputs.[i.e. 100% Cenvat

    Credit will be available in the same financial year].

    It may be noted that capital goods manufactured within the factory and used within

    the factory are exempt from excise duty.

    Conditions for availing Credit on Capital Goods: The conditions are duty paying

    documents eligible are same for Cenvat on inputs.

    Depreciation under section 32 of Income Tax Act should not be claimed on the excise

    portion of the Capital Goods.

    Otherwise the manufacturer will get double deduction for Income Tax Act.

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    UTILIZATION OF CENVAT CREDIT

    Cenvat Credit can be utilized for payment of any excise duty on:

    Duty on any final product manufactured by manufacturer. Payment of amount on capital goods if they are removed as such. Payment of amount, if goods are cleared after repairs under rule 16(2) of Central

    Excise Rules.

    Payment under Cenvat Credit Rule 6 of 10% amount on exempted goods orreversal of credit on inputs when common inputs or common input services are

    used for exempted as well as dutiable final products.

    Time Limit for taking the Credit: Rule 4(1) of Cenvat Credit Rules states that

    Cenvat

    Credit can be taken immediately on receipt of inputs in the factory or the premises of

    service provider.

    Department has clarified that immediately means at the earliest opportunity when the

    inputs are received. Immediately does not mean within 24 hours. It is not necessary to

    take credit as soon as inputs are received in the factory.

    However manufacturer / Service provider should take credit at the earliest

    opportunity.

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    Duty / tax paying documents: As soon as a manufacturer receives an input, he can

    avail Cenvat Credit of the duty paid on the inputs Rule 9(1) of Cenvat Credit.

    Rules prescribes that credit can be taken on the basis of Invoice of manufacturer from

    factory.

    Invoice of manufacturer from his depot. Invoice issued by importer from his premises or consignment registered with

    Central Excise.

    Supplementary Invoice. Bill of Entry. Invoice, Bill or Challan issued by input service.

    No Cenvat Credit if final products: As per basic principle of VAT, credit of duty or

    tax can be availed only for payment of duty on final product or output services.

    Returns: A manufacture has to be submit returns to Range Superintendent of Central

    Excise in the prescribed forms ER-1 to ER-6 in respect of Cenvat availed,

    Others have to submit returns as follows:

    Quarterly return by first stage/ second stage dealer within 15 days from close ofquarter.

    Half yearly return within one month from close of half year, by provider of outputservices.

    Half yearly return within one month from close of half year, by Input ServiceDistributor.

    First stage dealer- Person who purchase the goods direct form the manufacturer.

    Second stage dealer- Person who purchase the goods directly form first stage dealer.

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    No Cash Refund: In some cases, it may happen that duty paid on inputs may be more

    than duty payable on final products. In such cases, though the Cenvat Credit will be

    available to the manufacturer, he cannot use the same and the same will lapse.

    There is no provision for refund of the excess Cenvat Credit.

    Accounting Treatment of Inputs in Cenvat:

    Purchase A/C Dr. xx

    Cenvat Credit Receivables A/C Dr. xx

    To Suppliers A/C (Purchase price plus Excise) xx

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    PAYMENT OF DUTY METHOD, MANNER AND MODE:

    Exide Industries Ltd is liable to pay the duty leviable on excisable goods in the

    manner provided in Rule 8 or under any other law and no excisable goods, on which

    any duty is payable shall be removed without payment of duty from any place,

    whether they are produced or manufactured or from a warehouse unless otherwise

    provided.

    Provided that the goods falling under Chapter 62 of the 1st schedule of CETA, 1985

    produced or manufactured by a job worker may be removed without payment of duty

    leviable thereon and the duty of excise leviable on such goods shall be paid by the

    person referred to in sub-rule (3) as if such goods have been produced or

    manufactured.

    Duty is payable on fortnightly basis by large units and on monthly basis by SSI, who

    are availing concession of duty based on turnover.

    The duty on the goods removed from the factory or the warehouse, during the first

    fortnight of the month shall be paid by the 20th of that month and the duty on the

    goods removed from the factory or the warehouse during the second fortnight of the

    month shall be paid by the 5th of the following month.

    It is again clarified that the duty liability shall be deemed to have been discharged

    only if the amount payable is credited to the account of the Central Government by

    the specified date. Thus, mere depositing cheque in collecting bank is not sufficient.

    The cheque must be cleared by due date.

    The duty is payable by making payment of duty in Government Account in Bank

    under a TR-6 Challan.

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    TR-6 Challan

    The prescribed challan form TR-6 should be filed and should contain following:

    Name and address of manufacturer. Electronic Control Code Number of manufacturer (10 digit code no.) Code No.

    of Excise Commissionrate/ Division / Range.

    (PLA) Personal Ledger AccountNumber. Account head of duty, Commodity Name and Code (6 digit code i.e. tariff Item

    No).

    Bank Branch Code No. Amount deposited in Cash/ Cheque /demand draft. Amount under TR-6 Challan for taking credit in PLA can be paid in bank with Signature of Assessee or Authorized Officer of the Assessee, Counter signature

    of Excise Officer is not necessary.

    Manufacturer of matches is issued match excise band rolls on payment ofappropriate duty and then affix the excise stamp on each match box cleared.

    Four copies are submitted to authorize bank.

    Original, Duplicate, Triplicate & Extra.

    Two copies of Challan are returned by bank duly stamped after amount is paid and

    two copies are retained by bank.

    One copy is to be submitted to excise authorities along with return (out of two copiesretained by bank, one copy is sent to excise authorities directly for their accounting

    and cross verification of the credit entries made by assessee).

    If cash is deposited, receipted Challan is given immediately by bank. However, if

    payment is made by cheque, Challan given duly receipted only after cheque is

    realized.

    Credit of amount deposited in bank can be taken only after the bank issues receipted

    Challan.

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    CONSEQUENCE OF AVOIDING PAYMENT OF EXCISE DUTY:

    Under the different sections of the central excise act, the fines for evading tax can

    range 25% to 50% of the amount of duty evaded. When you look at the amount of

    excise you may have to pay, this is a rather large amount and along with the financial

    impact, you also have to encounter a stained image.

    The effects on organization, if they are not maintained & followed Bear Penalties Loss of reputation Disappointments of client Disarray.

    No. of cases frequently observed Monthly approx about 80-90.

    Minimum period for filling & sending the report 24 hours.

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    MEANING OF LEVY

    Section 3 uses the words levy and collection. Article 265 of Constitution also uses the

    same words. Levy means imposition of tax. Once a tax or duty is imposed, it has to be

    quantified (assessed) and then collected. Once a duty is levied it has to be collected.

    However, constitution specially uses the words levy and collection.

    Hence, it has been held that the term levy includes both impositions of tax as well as

    assessment.

    ASSESSEE AND ASSESSMENT

    The assessee means one who is assessed.

    He himself has to determine classification and valuation of goods and pay duty

    accordingly.

    Assessment means determining the tax liability.

    Duty is paid by the manufacturer on his own while clearing goods from the

    factory/warehouse, on self assessment.

    GOODS

    The word goods define goods as goods include all materials, commodities and

    articles. As per judicial explanation, for purpose of levy of Excise Duty, an article

    must satisfy two requirements to be goods i.e.

    Goods must be movable Goods must be Marketable.EXCISABLE GOODS

    Goods excisable even if exempt from Duty Excisable goods do not become non-

    excisable goods merely because they are exempt from duty by an exemption

    notification.

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    DUTIABLE & NON-DUTIABLE GOODS

    Dutiable goods are those goods which attract duty as per the Tariff.

    Non-dutiable goods are excisable goods on which no duty is payable, either because

    of Nil rate of duty because of exemption.

    MANUFACTURE

    Section2 (h) Manufacture includes any process (I) Incidental or ancillary to the

    completion of manufactured product or (ii) which is specified in relation to any goods

    in the Section or Chapter notes of the 1st schedule to the Central Excise Tariff Act,

    1985 as amounting to manufacture or (iii) which in relation to goods specified in 3rd

    schedule to the CEA, involves packing or repacking of such goods in a unit container

    or labeling or re-labeling of containers or declaration or alteration of retail sale price

    or any other treatment to render the product marketable to consumer, and the word

    manufacture shall be understood accordingly and shall include not only a person who

    employs hired 23 labour in the production or manufacture of excisable goods but also

    any person who engages in their production or manufacture on his own account.

    BROAD DIVISIONS OF MANUFACTURING INDUSTRY:

    Manufacturing for sale to customers (Within the state & outside the state) Manufacturing for sale to transfer to depots (Within the state & outside the

    state)

    Manufacturing for exports Manufacturing for sale to deemed exports

    Manufacturing for sale to 100% EOUs (Export Oriented Units)

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    PROCESSING AND MANUFACTURE

    Processing can amount to manufacture if a new & identifiable product known in the

    market emerges.

    In the Central Excise Tariff Act, operations like labeling, sorting, packing and

    repacking from large pack to small pack etc. have been termed as Process.

    In the manufacture of goods the entire process carried out by the dealer of converting

    raw materials into finished goods should normally include the entire process carried

    out by the dealer of converting raw materials into finished goods.

    MANUFACTURE MUST BE IN INDIA

    Under Section 3 of Central Excise Act is that excisable goods must be manufactured

    or produced in India. Thus, excise levy cannot be imposed on imported goods or

    goods manufactured in Foreign Countries. This is also true if goods are imported in

    Semi knocked Down or Completely Knocked Down condition and they are only

    assembled in India, as no new product is emerges. However if goods are classified as

    per rules of classification as complete machine as per legal fiction but actually

    components or subassemblies are imported, its assembly in India will amount to

    manufacture and excise duty will be payable.

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    SMALL SCALE INDUSTRIES (SSI)

    An industrial undertaking in which the investment in fixed assets in plant and

    machinery whether held on ownership terms on lease or on hire purchase does not

    exceed Rs 10 million.

    The industries in India which are organized on a small scale and produce goods with

    the help of small machines, hired labour and power, are the small scale industries

    present in India.

    EXEMPTION BASED ON VALUE OF CLEARANCES (SSI)

    The Small Scale Units (SSI) is given certain relief under the Central Excise Law by

    passing exemption notifications. These exemption notifications are popularly called

    SSI exemption notification because they were originally meant to be an incentive to

    SSIs.

    The exemption to SSIs started with the Notification No. 175/86. The manufacturer

    availing the notification has to satisfy certain conditions for availing the benefit and

    the goods manufactured should be covered under this notification.

    Choice of several exemptions to SSI:

    SSI units have been given 3 types of exemptions:-

    a) SSI units can avail full exemption up to Rs 100 lakh and pay normal duty

    thereafter. Such units can avail Cenvat Credit on inputs only after reaching turnover

    Rs 100 lakh in the financial year.

    b) SSI units mean to avail Cenvat Credit on inputs on its entire turnover. They have to

    Pay 60% duty for first 100 lakh & 100% duty for subsequent clearance.

    c) SSI Unit can also pay full 100% duty and avail Cenvat Credit.

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    RELAXATION IN THE DUTY

    Value of clearances in Rs. lakh in a financial year Duty Structure

    Amount Duty

    0- 150 lakh 0%

    >150 lakh Normal duty

    PENALTIES

    Penalty for violation of legal provisions involved a penalty of money and elimination

    of goods. This penalty can be imposed by excise authorities like Commissioner, and

    Assistant Commissioner Etc. within the powers granted to them.

    Excise authorities are empowered to impose penalties like fines, confiscation of

    goods, etc.

    EXCISE OFFICERS CAN IMPOSE:

    a) Penalty for violation of law,

    b) Confiscate the goods,

    c) Give option to pay fine in lieu,

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    Under rule 25(1) of Central Excise Rules [earlier rule173Q or 209], following are

    offences:

    Removing excisable goods in breach of Excise Rules or notifications issued underthe rules.

    Not accounting for excisable goods manufactured, produced or stored. Engaging in manufacture, production or storage of excisable goods without

    applying for registration certificate.

    Breaching any provisions of Central Excise Rules or notifications issued underthese rules with intent to evade payment of duty.

    Mandatory penalty in case of fraud, suppression of facts:

    A mandatory penalty equal to the duty short paid or not paid or erroneously refunded

    is payable if such nonpayment or short payment or erroneous refund was due to fraud,

    collusion, willful misstatement or suppression of facts etc.

    Personal Penalty:

    Normally, penalty is imposed on the company/firm who has committed an offence.

    Goods that can be taken away under rule 25 of CE:

    Following goods are liable to confiscation-

    Goods removed in breach of Central Excise rules,

    Goods not accounted for,

    Goods on which Cenvat Credit is wrongfully taken,

    Goods manufactured without registration of the factory .

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    Excise Audit/ Checks

    Audit means scrutiny and verification of documents, events and processes in order to

    verify facts and draw conclusions regarding correctness of recording the facts and the

    efficiency of a system under study. For Central Excise purposes, Audit means scrutiny

    of the records of the assessee and the verification of the actual process of receipt,

    storage, production and clearance of goods with a view to check whether the assessee

    is paying the Central Excise duty correctly.

    Visit of Officer:

    Every factory comes under jurisdiction of Range Superintendent. The Superintendent

    and Excise Inspectors working under him do occasionally visit factories. However,

    they are expected to have day to day checks.

    A] Stock Taking:

    New Central Excise Rules make no provision for Store Room or Stock taking.

    However it does not mean that stock taking by excise authorities is prohibited.

    B] Road Checks:

    Surprise road checks are carried out to see that all goods moving are accompanied by

    duty paying documents.

    C] Information from Informants:

    Like all tax departments, department can and does collect information from secret

    informants.

    D] Preventive Section:

    Each Commissionrate has preventive section to have surprise checks and raids when

    evasion is suspected.

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    Self Audit (Internal Audit)

    Each company should conduct self audit of their excise operations for various

    purposes:

    a) Ensure that all excise rules and procedures are being carefully followed to avoid

    any penal consequences,

    b) To ensure that duty is not paid in excess and classification & valuation is correct.

    All allowable deductions are claimed.

    c) Cenvat is claimed on all inputs & inputs are procured from such sources that

    Cenvat

    Credit on all inputs is available.

    d) Train people in excise law. Such audit can be conducted by expert employees or

    outside experts. Such audits will be highly beneficial to industries.

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    Powers of Central Excise Officers

    Excise officers have been given powers of visit and inspection. As per rule 22(1) of

    Central Excise Rules, an officer empowered by Commissioner shall have access to

    any premises registered under CE Rules for purpose of carrying out any scrutiny,

    verification and checks as may be necessary to safeguard the interest of revenue. All

    officers in the rank of Inspector and above are authorized for this purpose.

    Visit Book of Excise Officers

    Each factory is required to maintain a visit book in prescribed form.

    Inspector and Superintendent visiting the factory are required to fill in the book.

    The visit book should contain name and address of the factory, excisable items

    manufactured.

    Restricted visits to SSI Units

    Excise officers and departmental audit parties can visit small scale industries for

    specific purposes only and on specified written permission.

    The visiting officer parties of Comptroller and Auditor General of India. This audit

    called

    CERA audit (Central Revenue Audit).

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    ELIGIBILITY

    The units whose value of clearances computed in accordance of the notification isless than 400 lakh (4 crore) in the previous financial year are eligible for the

    benefit of the notification

    The limit will be calculated by taking into account the clearances in respect of onemanufacturer from one or more factories or from a factory by one or more

    manufacturers.

    For example, if ABC Ltd. wants to claim the benefit of the notification in the year20102011, then it has to see whether the clearances of the year 2009-2010 has

    exceeded Rs. 4 crore.

    Exempted units whose turnover is more than prescribed limit (called specifiedlimit) have to file a declaration in prescribed form with Assistant Commissioner of

    Central Excise and should obtain a dated acknowledgement. Such declaration is

    filed only once in the lifetime of the assesse and not every year.

    The specified limit for this purpose is Rs.60 lakh below exemption limit. Inpresent provisions this limit works out to be Rs.90 lakh (Rs.150 lakhRs.60

    lakh). Therefore, the declaration shall be filed by units whose turnover exceeds

    Rs.90 lakh. Small units whose turnover is below the specified limit (Rs.90 lakh)

    per annum shall not file any declaration at all.

    If the manufacturer wishes to pay normal duty availing CENVAT facility, he cando so.

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    4. RESEARCH METHODOLOGY

    INTRODUCTION

    Research methodology is a way to systematically solve the problems. It may be

    understood as a study about how research is done mathematically & scientifically. It

    includes the overall research design, the sampling procedure, data collection method

    and analysis procedure.

    RESEARCH

    A careful investigation or inquiry especially through search for new facts in any

    branch of knowledge

    TYPES OF RESEARCH

    Descriptive Vs. Analytical Historical Vs. Original Quantitative Vs. Qualitative

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    TYPES OF RESEARCH USED FOR PROJECT

    ANALYTICAL RESEARCH

    Analytical Research is that research where the researcher use that facts or information

    which is already collected by some other person. The research uses this facts or

    information and makes critical evaluation of data for providing results or solution to

    specific problem.

    In analytical research two types of analysis can made:-

    1. Analysis of Historical records, Recording of notes, content analysis, tape andfilm listening and analysis.

    2. Analysis of document, Statistical compilations, reference and abstract guides,content analysis.

    DESCRIPTIVE RESEARCH

    Designed to provide further insight into the research problem by describing the

    variables of interest, can be used for profiling, defining, segmentation, estimating,

    predicting, and examining associative relationships.

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    4.1 RESEARCH CONCEPTUAL CLARIFICATION

    METHODOLOGY USED FOR PROJECT

    Research methodology is way to systematically solve the research problem. Research

    is a scientific and systematic search for pertinent information on a specific topic. It

    has its special significance in solving various operational and planning problems of

    business and industry in it we study the various steps that are generally adopted by

    researcher in studying his research problem along with the logic behind them.

    For this project analytical research is carried. The methodology used for calculating excise duty of the company had based on

    formula and the values from previous reports of the company.

    The methodology is to know the excise duties paid annually i.e. 2010-11. The methodology to analyzing various different Legislations & Acts made by

    the government for collection of revenue from manufacturing industry.

    For theories related to topic, exchange rates and interpretation was gathered fromvarious financial management books, web sites and communication of people who

    have good knowledge about these topics.

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    4.2 DATA COLLECTION METHOD

    SOURCE OF DATA

    Both primary and secondary data are used for the data collection.

    PRIMARY DATA

    Primary data are those data which are collected as fresh for the first time, and thus

    happen to be original in character. The primary data is collected from the (Level M1)

    respondents through questionnaire. The responses are collected from them and used

    for analysis

    SECONDARY DATA

    Secondary data are those data which have already been collected by someone else and

    which have already been passed through the statistical process. The secondary data is

    collected from books, Web sites, magazine etc. The data relating to the history of the

    company is collected from the personal website of the company.

    Primary Data

    Data

    CollectionMethod

    Secondary Data

    CommunicationInformation

    System

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    INFORMATION SYSTEM

    SAP: Systems Applications and Products in Data Processing.

    A company that develops software which allows businesses to track customer and

    business interactions.

    SAP is well-known for its data management programs.

    COMMUNICATION

    People who have good knowledge about these topics. People such as senior officers,

    accountants, managers.

    Different sources of communication were used such as email, telephone, IM

    messenger.

    http://www.businessdictionary.com/definition/SAP.htmlhttp://www.businessdictionary.com/definition/SAP.html
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    4.3 CASE DESCRIPTION

    The issue involved in this case is in respect of refund claims of the respondent

    company rejected by the adjudicating authority

    But on appeal, the Commissioner (Appeals) allowed the appeal of the respondent

    company.

    The refund claim ought not to have been sanctioned to the respondent company, as

    they had issued Credit Notes to their Purchasers.

    The Commissioner, in this context, relies upon the decided case-laws wherein it has

    been settled that refund cannot be sanctioned on the basis of Credit Notes being issued

    to the Purchasers of the goods.

    None appeared for the respondent company, despite notice.

    Considered the submissions made by Commissioner and perused the records. It was

    found that the Commissioner (Appeals) in his findings observed the followings:-

    When going through the order in original; there is no dispute that the appellant made

    over-payment because of some calculation mistake. Therefore, the amount claimed by

    the appellant did not represent excise duty at all. The amount, therefore, should be

    refunded to the appellant.

    No evidence in support of this finding was shown in the negotiation order.

    Besides, the authority did not find it necessary to consider the appellant's request that

    credit notes were issued to their buyers maintain their claims that the amount was not

    bear by their customers as excise duty.

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    The appellant also issued commercial bills showing the correct amount of excise duty.

    Therefore, it was unable to accept the adjudicating authority's finding that the amount

    was passed on to the buyers.

    From the above, it is very clear that the Commissioner (Appeals) had considered all

    the aspects of the case-laws relied upon by the authority before me.

    Coming to the conclusion that the payment of duty by the respondent company is due

    to a mistake, and the said mistake has resulted in excess payment of amount to the

    government.

    Since the excess amount has not been recovered by the respondents from their

    purchasers, the respondents were eligible for refund of the said amount.

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    5. DATA ANALYSIS

    INTRODUCTION TO SAP (SYSTEM ANALYSIS AND PROGRAM

    DEVELOPMENT)

    SAP Stands for System, Application, and Product in data Processing. Founded by five

    German engineers in 1972, SAP is the Worlds Leading provider of business

    software, offering application and services to companies of all sizes across more than

    25 industries. SAP offers an integrated system, which means that all sap modules are

    designed to share information and automatically create transaction based on various

    business processes.

    SAP OFFER THE FOLLOWING SOFTWARE SUITES

    o Supplier Relationship Management (SRM)o Strategic Enterprise Management (SEM)o Catalog Content Management (CCM)o Compliance Management (CM)o Supply Chain Management (SCM)o Product life Cycle Management (PLCM)o Customer Relationship Management (CRM)SAP: Systems Applications and Products in Data Processing.

    A company that develops software which allows businesses to track customer and

    business interactions. SAP is well-known for its data management programs.

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    WORKING SYSTEM OF COMPANY

    Logon Screen

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    Home Screen

    Working area

    Screen

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    Processing

    area Screen

    Multiple Options

    Screen

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    DATA PRESENTATION:

    Direct Taxes Collections (Rs. in crores)

    Corporate tax 241,921

    Income tax 128,235

    Other direct taxes 2833

    Direct Taxes Collections (Rs. in crores)

    Corporate tax

    Income tax

    Other direct taxes

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    Indirect Taxes Collections (Rs. in crores)

    Customs 84,542

    Central Excise 101,666

    Service tax 55731

    Indirect Taxes Collections (Rs. in crores)

    Customs

    Central Excise

    Service tax

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    PRODUCTION CLEARANCE

    Amt in (crores) 2009-2010 2010-2011

    Total Duty Utilized 59 94

    Cenvat Availed 43 68

    Export 10 13

    0

    10

    20

    30

    40

    50

    60

    70

    80

    90

    100

    Total Duty Utilized Cenvat Availed Export

    Production Clearance 2009-

    2010

    Production Clearance 2010-

    2011

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    EXPORT

    Amt in (crores) 2009-2010 2010-2011

    CT-1 0.23 0.44

    CT-3 0.8 11

    0

    2

    4

    6

    8

    10

    12

    CT-1 CT-3

    Export 2009-2010

    Export 2010-2011

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    EXPORT

    2009-10 109515239

    2010-11 136301470

    While looking at the composition of current and previous season's growth in relation to

    Export, Company achieves a growth of 26.78%

    0

    20000000

    40000000

    60000000

    80000000

    100000000

    120000000

    140000000

    160000000

    2009-10 2010-11

    Export

    Export

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    INDIAS GDP GROWTH RATE

    The Gross Domestic Product (GDP) in India expanded 7.8 percent in the first quarter

    of 2011 over the same quarter, previous year. From 2004 until 2010, India's average

    quarterly GDP Growth was 8.40 percent reaching an historical high of 10.10 percent

    in September of 2006 and a record low of 5.50 percent in December of 2004.

    India's diverse economy encompasses traditional village farming, modern agriculture,

    handicrafts, a wide range of modern industries, and a multitude of services. Services

    are the major source of economic growth, accounting for more than half of India's

    output with less than one third of its labor force.

    The economy has posted an average growth rate of more than 7% in the decade since

    1997, reducing poverty by about 10 percentage points.

    COUNTRIES

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    Our economy has succeeded in maintaining one of the highest GDP growth rates in

    the world in the last decade with very low inflation, there are several areas where

    immediate improvements are required to sustain the growth.

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    6. FINDINGS

    SWOT ANALYSIS (Strength, Weakness, Opportunities, Threat)

    INTRODUCTION:

    The company is engaged in the business of development/ manufacturing/ covering the

    broadest spectrum of applications. Exide Industries is the biggest storage battery

    producing company in India. It is also the largest power storage company in the whole

    of the south-east Asian region.

    STRENGTH:

    The Company exports batteries which have captured niches in South East Asian and

    European markets.

    All the suppliers, customers, business partners believe in Exide for its value of

    reputation in market. And no other company in India offers wide range of capacity.

    Exide has over 52 years accumulated experience of Research & development.

    WEAKNESS:

    In Exide industries ltd, the communication and infrastructure are not standardized.

    The products manufactured and the services offered are as per the requirements of the

    customers.

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    OPPORTUNITIES:

    India is one of the fastest growing economies in the world registering the Gross

    Domestic Product (GDP) in India expanded 7.8 percent in the first quarter of 2011.

    This growth momentum was coupled with the BHARAT NIRMAN &

    NATIONAL URBAN RENEWAL MISSION efforts calls for large capital

    investment outlay.

    Investments in manufacturing and other core industries give a tremendous boost to the

    industry, which is balanced for continuing growth during the next 10-15 years.

    Exide industries ltd being the manufacturing dominant player and market leader will

    continue to benefit from these growth and opportunities.

    THREATS:

    Whenever there growth opportunity, it is quite natural that lot of international players

    will enter the market.

    The significant players in Indian organized sectors apart Exide industries ltd are

    AMCO YUASA, AMARON, TATA GREEN, LUMINOUS, etc and many other

    regional/national/international players. While the treats from international players is

    quite visible, the domestic manufactures Exide industries ltd are fully prepared to

    meet the ever increasing demand for battery products for existing and emerging new

    applications.

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    6.2 RECOMMANDATION & SUGGESTION:

    Companys policy of utilizing its asset & machinery to optimum level should becontinued in future also.

    It is recommended that the data must be stored and processed more in electronicform rather than manual form.

    It is recommended towards the supplier that they must carry the simplest way forwork & communication.

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    6.3 CONCLUSION:

    As Exide Industries Ltd is in manufacturing sector they avail the differentcredentials benefits through CENVAT.

    Company is increasing their revenue through introducing new product line. Company is in appropriate Trading, manufacturing, production, & tax fillings. Exide Industries Ltd takes a good startup for marketing their products since 1st

    June 2011. E.g. Exide Industries Ltd introduces [SF Sonic Batteries] whose Brand

    ambassador is bollywood actor Salman Khan.

    Company has efficiently managed its investments for future gains. Investors will continue to invest in Exide.

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    BIBLIOGRAPHY:

    A) Print Materials

    Books

    R.K. JainCentral Excise Law Manual 52nd Edition 2011-12.

    Exide IndustriesAnnual Report & Accounts 2010-11.

    Exide IndustriesMagazine Exchange 2010-11.

    T. Gunasekarans CENVAT Manual 22nd Edition 2010-2011.

    V.Raghuram & Madhukar N. HiregangeCentral Excise Law & Procedures 2011-

    2012

    C.R. KothariResearch Methodology 2nd Revised Edition 2009.

    B) Internet

    Web site, no author

    Links:

    http://finmin.nic.in/

    http://dor.gov.in/

    C) Professional or organizational Web page

    Links:

    http://www.aces.gov.in/

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    http://www.aces.gov.in/REGASE/switch.do?prefix=/ui/jsp/common&page=/firstlogin

    .do

    Magazine article:

    Exides Exchange 2011.

    D) Images

    Google images

    Links:

    http://www.google.co.in/search?hl=en&gbv=2&tbm=isch&q=excise+duty&revid=90

    7877971&sa=X&ei=SmgeTrG_MsTMrQeI37ioAg&ved=0CDkQ1QIoAA&biw=144

    0&bih=784

    http://www.google.co.in/search?hl=en&gbv=2&biw=1440&bih=784&tbm=isch&sa=

    1&q=excise+duty&oq=excise+&aq=1&aqi=g10&aql=&gs_sm=e&gs_upl=10833l11

    142l0l12946l3l3l0l0l0l0l152l400l0.3l3

    The development and combination of this project involves sincere contribution in the

    form of time and efforts of many people. Certainly this project would not have been

    successfully completed without their co-operation.

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    QUESTIONAIRE 1 (SSI)

    (i) What is the eligible turnover for claiming exemption?

    Ans: The eligible turnover for claiming exemption under the said notification is

    Rs.400

    lakh.

    (ii) How the turnover is computed when the manufacturer has more than one

    factory?

    Ans: When a manufacturer clears the goods from one or more factories, the turnover

    of

    all the factories have to be combined for the purpose of claiming exemption under

    the said notification.

    (iii) What does value mean?

    Ans: The value for the purposes of the said notification would mean the value fixed

    under

    section 4 or section 4A or the tariff value.

    (iv) Can Cenvat credit on capital goods be availed by SSI units that avail the

    benefit of exemption?

    Ans: Yes! 50% Cenvat Credit on Capital Goods is available in the first year of

    purchase of Capital Goods and 50% can be availed in the next subsequent year as per

    Excise rule.

    (v) The availability of CENVAT credit on capital goods under the notification?

    Ans: The units can avail CENVAT credit on capital goods but the same can be

    utilized for payment of duty on final products only after the turnover reaches Rs.150

    lakh.

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    (vi) Clearances of excisable goods without payment of duty?

    Ans: ABC Ltd. is a manufacturing unit situated in Haldia. In the financial year 2009-

    2010 the total value of clearances for the unit was Rs.350 lakh.

    The break-up of clearances is as under:

    (a) Clearances worth Rs.50 lakh without payment of duty to a unit in special

    economic

    zone.

    (b) Clearances worth Rs.50 lakh exempted under job-work.

    (c) Export clearances worth Rs.100 lakh (75 lakh to Sweden and 25 lakh to Nepal).

    (d) Clearances worth Rs.100 lakh which are used captively to manufacture finished

    products that are eligible for exemption under notification 8/2003. Such clearances

    are also eligible for exemption under notification 8/2003.

    (e) Clearances worth Rs.50 lakh of excisable goods in the normal course.

    (vii) Reasons for clubbing of clearances of SSI units?

    o Maintenance of accounts of various units by a single person and at one officeo A single security was in charge of security of all unitso Units engaged in production and transactions assessed to sales tax and income

    tax separately is a pointer to different entities.

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    QUESTIONAIRE 2 (Excise)

    Q1: Importance of sending the unpaid excise duties?

    Ans: Invoices on which excise are not paid by the company are to be maintained and

    submitted to Central Excises appropriate superintendent. It has a huge importance to

    send the unpaid duties towards excise department i.e. not to have an imbalanced

    account records, complexity in data, and interruption in business.

    Q2: What are the effects on organization, if they are not maintained & followed?

    Ans: Bear Penalties, Loss of reputation, Disappointments of client, disarray.

    Q3: How frequently no. of cases is cancelled for invoices?

    Ans: Monthly cancelled invoices are approx about 80-90.

    Q4: What is the minimum period for sending the report?

    Ans: The minimum period for sending the report is 24 hours.

    Q5: Reasons for not paying the excise duty on invoices are as follows?

    Ans: Transportation Problem, Quantity or Quality problem, Units difference etc.

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    CALCULATION OF EXCISE DUTY:

    HOW IT IS CALCULATED?

    MRP or Cost of goods * 14% excise * 2% Cess (charged on the 14% excise duty) * 1

    % educational cess = MRP * 14.42% * Chargeable value of MRP

    For example: If u have a dish wash bar which is MRP Rs.18

    MRP: 18

    Excise duty: 14.42%

    Rebatement or Chargeable value of MRP: 67.5% of MRP

    There for

    ED = 18 x 0.1442 * 0.675 = 1.752

    Excise duty has to be included in the basic cost of the product and has to be declared

    by the manufacturer upfront before the goods leave the manufacturing plant.

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    FORMAT OF SENDING REPORT FOR UNPAID TRADES:

    Our Ref. Cancellation Date. 28.02.2011

    Superintendent of Central Excise,

    Chinchwad Range-II

    Div.II, P.J.Chambers,

    Pimpri, Pune-411 018.

    Sub: Cancellation of Invoice.

    Respected Sir,

    Enclosed please find herewith the cancellation invoices which are erroneously

    prepared.

    INV.NO. INV.NO.

    03-22-212805 03-23-107980

    03-22-213181 03-23-108260

    03-22-212623 03-23-108026

    Kindly acknowledge the receipt on duplicate copy.

    Thanking you,

    Yours Sincerely,

    For Exide Industries Ltd,