Budget 2012 - Corrigenda Galore - continues
THE corrigenda are rolling out unabated.
In our Budget Analysis story, Cement in Packaged Form - Unpack The Confusion Please, we had pointed out,
What about the cement cleared in packaged from cleared to institutional buyers where RSP is not required to be printed? Can they pay duty @12% ad valorem under Sl No 3 of the Table? Will the Departmental officers not raise objection and seek to demand full duty on the ground that the cement was not cleared in packaged form?
In Notification No 4/2006 CE, fortunately we had this proviso to take care of the above situation:
Provided also that where the retail sale price of the goods are not required to be declared under the Standards of Weights and Measures (Packaged Commodities) Rules, 1977, and thus not declared, the duty shall be determined as is in the case of goods cleared in other than packaged form
This proviso is missing in the Notification No 12/2012 CE. Let us wait for a clarification / amendment or Show Cause Notices!
Fortunately, Board has amended the notification with a corrigendum by inserting a proviso.
It is very difficult to keep track of the corrigenda as they have no running serial numbers and nobody knows when they are published and given a choice, the Board would like to keep them a secret at least from prying journalists and troublesome assessees.