Tax is of two types Direct Tax and Indirect Tax. Direct Tax is the tax, which is paid directly by people to the government, while indirect tax is the tax, which is paid indirectly by people to the government. Income Tax is paid directly to the government therefore it is a direct tax while excise duty is paid by people to the manufacturer who pays it to the government, therefore it is an indirect tax.
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.
NATURE 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.
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