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Submitted by:
Thomas Thomas Poovathingal
Finance
Sec-C
0920229
Q.1. What is AV for excise purpose and what are the inclusions and exclusions from AV?
AV is the value on which duty is payable as a percentage. When duty of excise is chargeable on excisable
goods with reference to value will be ‘transaction value’ on each removal of goods. The following
conditions should be satisfied:-
Inclusions in AV:-
Exclusions in AV:-
Trade discount
Loading charges outside the factory.
Sale at factory gate but transport arranged by the seller.
Price FOR but sale at factory gate.
Equalized freight.
Profit earned by seller in transport of final products.
Value addition done after ‘place of removal’ not relevant for valuation
Handling charges outside the factory.
Installation and erection expense.
Bank charges for collection of sale proceeds. Interest on receivables.
Q.2. What is customs value? What are the inclusions and exclusions from CV.?
Ans.2. The value of imported goods as appraised by the customs and used as the basis for assessing
the amount of import duty and other taxes. It may be computed in several ways, but the most
preferred method is transaction-value which (in addition to the price paid by a buyer to a seller) includes
other costs incurred by the buyer, such as packing costs, license fee or royalty, and any other sum(s)
that accrue to the seller. It is the customs officer (and not the importer, exporter or customs broker) who
has the final say in assigning this value. Also called customs import value.
1. Commission & Brokerage:- Commission & Brokerage except buying commission is included.
Commission paid to local agent in Indian currency also included.
2. Packing cost includible:- Cost of packing is included in the AV but cost of durables &
returnable containers not to be included.
3. Value of goods supplied by buyer to be added:- Any goods supplied by buyer @ free of cost or
@ reduced rate should be added back
4. Services / Documents / Technical know-how:- Supplied by buyer @ free of cost or @ reduced
rate should be added.
5. Royalty or license fees:- If paid separately in relation to imported goods, has to be included.
6. Value of any re-sale proceeds payable to foreign supplier:- Subsequently has to be added.
7. Cost of transportation upto the port of importer:- If cost is not ascertainable 20% of FOB
value should be takes as cost of transportation. In case of air transport – Freight charges should be
restricted to 20% of FOB price.
8. Insurance charges:- If it is not ascertainable it is calculation @ 1.125% of Fob value.
9. Landing Charges:- Cost of unloading, and handling charges associated with imported goods @
1% of CIF value has to be added.
Exclusions from AV
1. Charges for construction, erection, assembly, maintenance, or technical assistance after
importation.
2. Any cost of transportation after importation.
3. Duties and taxes in India.
4. Interest for deferred payment
Ans.3. U/S 2(3) “Baggage includes unaccompanied baggage but does no include motor vehicle. Thus
baggage rules are also applicable in respect of baggage which comes separately & which dispatched from
abroad before or after the travelers departure.
Declaration has to be made by owner of the baggage & rate of duty & tariff valuation shall be the rate &
valuation in force on the date of declaration.
Passenger not possessing any dutiable goods can walk through a Green channel.
Passenger carrying dutiable goods should pass through red channel & submit declaration in
disembarkation Card.
All dutiable articles imported by passenger or member of crew in his baggage attract a different rate of
duty.
Tariff rate on baggage is 100%. However as per notification W.e.f. 1-03-05 rate of duty on baggage is
35% plus education cess of 3%
Duty on gold: Gold bought as a baggage by a passenger of Indian origin or a person holding Indian
passport. Duty is Rs 100 per 10gms. Plus education cess.
(In case of Gold Bars) Rs 250per 10gms in case of ornaments. Up to 10 Kg of gold can be brought by a
passenger.
Duty on Silver: Silver bought as a baggage by a passenger of Indian origin or a person holding Indian
passport. Duty is Rs 500 per Kg. Plus education cess. Up to 100 Kg of silver can be brought by a
passenger.
1. Indian persons going abroad for tour & coming back to India.
2. Indian persons gone abroad for work & coming back to India.
3. Foreign tourists visiting India.
Bonafide baggage which is exempted includes. Wearing apparels, personal & household effect meant
from personal use. Jewelleries include articles as per status of passenger. Instruments of physician
surgeons etc.
Ans.4. Service sector constitutes approx 50% of India’s GDP. A beginning was made on 1994 to bring
this sector under tax bracket which was untaxed till then.
2000-01 Service sector contributes to GDP is 49% from 28% in 1950. 1n 2004-05 service sector
accounted for 56.1% of GDP , agriculture accounted for 22.2 and manufacturing sector 21.7. average
annual growth of value addition in service sector has been 7.9% in India in last 10 years.
Service tax was introduced for the first time in 1994 with finance act of 1994. Service tax @ 5% was
introduced w.e.f. 1-7-94. Tax rate was increased to 8% wef 14-5-03, then it was increased to 10% wef 10-
9-04. Service tax rate was 12% wef 18-4-2006
Presently service tax rate is 10% wef 24-2-2009 & education cess of 3 %
Service tax is imposed as per finance act of 1994 as amended from time to time.
Govt. has formed service tax rules 1994, prescribing procedure. “Central Excise department has been
entrusted to look after the administration of service tax. Characteristics of service are (a) economic
activity (b) value addition (c)intangible and (d) instantly perishable.