The Constitution of India (COI) has given power to levy tax to central and state government under seventh schedule. The taxation in India is either charged by the state governments or by the central government. In the basic scheme of taxation in India, it is conceived that central government will levy and collect tax revenue from Income Tax (except on Agricultural Income), Excise (except on alcoholic drinks) and Customs while state government will get tax revenue from sales tax, excise on liquor and tax on Agricultural Income and the municipalities will get tax revenue from octroi and house property tax.
Central Excise Law is a combined study of:
1. Central Excise Act (CEA), 1944;
2. Central Excise Tariff Act (CETA), 1985;
3. Central Excise Rules, 2002; and
4. CENVAT Credit Rules, 2004
After going through this lesson you should be able to understand:
•Meaning and nature of excise duty
•Various concept and definitions used in Central Excise Act
•Rates of excise duty
•Classification and Valuation of goods for excise purpose
•When and how excise duty is paid
•Registration and clearance of goods; and
•Scheme of setoff of the excise duty.
19.2NATURE OF EXCISE DUTY
As per section 3 of Central Excise Act (CEA) excise duty is levied if: -
1) There is a good.
2) Goods must be moveable
3) Goods are marketable
4) Goods are mentioned in the central excise tariff act (CETA). 5) Gods are manufactured in India.