This notification gives the new Valuation Rules, 2000
Government of India
Ministry of Finance
Department of Revenue
Central Board of Excise & Customs
New Delhi, the 30th.June.2000
NOTIFICATION
No. 45/2000-Central Excise (N.T.), dated 30-6-2000.[effective from 1-7-2000]
Central Excise Valuation (Determination of Price of Excisable Goods) Rules, 2000
In exercise of the powers conferred by section 37 of the Central Excise Act, 1944 (1 of 1944), and in supersession of the
Central Excise (Valuation) Rules, 1975 except as respect things done or omitted to the done before such supersession, the
Central Government hereby makes the following rules, namely:-
1. (1) These rules may be called the Central Excise Valuation (Determination of Price of Excisable Goods) Rules, 2000.
(2) They shall come into force on and from the 1
st
day of July,2000.
CHAPTER I
PRELIMINARY
1. In these rules, unless the context otherwise, requires,-
(a) "Act" means the Central Excise Act, 1944 (1 of 1944);
(b) "normal transaction value" means the transaction value at which the greatest aggregate quantity of goods are sold;
(c) "value" means the value referred to in section 4 of the Act;
(d) words and expressions used in these rules and not defined but defined in the Act shall have the meanings respectively
assigned to them in the Act.
CHAPTER II
DETERMINATION OF VALUE
1. The value of any excisable goods shall, for the purposes of clause (b) of sub-section (1) of section 4 of the Act, be
determined in accordance with these rules.
2. The value of the excisable goods shall be based on the value of such goods sold by the assessee for delivery at any
other time nearest to the time of the removal of goods under assessment, subject, if necessary, to such adjustment on
account of the difference in the dates of delivery of such goods and of the excisable goods under assessment, as may
appear reasonable.
3. Where any excisable goods are sold in the circumstances specified in clause (a) of sub-section (1) of section 4 of the Act
except the circumstance in which the excisable goods are sold for delivery at a place other than the place of removal,
then the value of such excisable goods shall be deemed to be the transaction value, excluding the actual cost of
transportation from the place of removal upto the place of delivery of such excisable goods provided the cost of
transportation is charged to the buyer in addition to the price for the goods and shown separately in the invoice for such
excisable goods.
1. Where the excisable goods are sold in the circumstances specified in clause (a) of sub section (1) of section 4 of the Act
except the circumstance where the price is not the sole consideration for sale, the value of such goods shall be deemed
to be the aggregate of such transaction value and the amount of money value of any additional consideration flowing
directly or indirectly from the buyer to the assessee.
Explanation,-For removal of doubts, it is hereby clarified that the value, apportioned as appropriate, of the following goods and
services, whether supplied directly or indirectly by the buyer free of charge or at reduced cost for use in connection with the
production and sale of such goods, to the extent that such value has not been included in the price actually paid or payable,
shall be treated to be the amount of money value of additional consideration flowing directly or indirectly from the buyer to the
assessee in relation to sale of the goods being valued and aggregated accordingly, namely:-
(i) value of materials, components, parts and similar items relatable to such goods;
(ii) value of tools, dies, moulds, drawings, blue prints, technical maps and charts and similar items used in production of such
goods;
(iii) value of material consumed, including packaging materials, in the production of such goods;
(iv) value of engineering, development, art work, design work and plans and sketches undertaken elsewhere than in the factory
of production and necessary for the production of such goods.
1. Where the excisable goods are not sold by the assessee at the time and place of removal but are transferred to a depot,
premises of a consignment agent or any other place or premises (hereinafter referred to as "such other place") from
where the excisable goods are to be sold after their clearance from the place of removal and where the assessee and
the buyer of the said goods are not related and the price is the sole consideration for the sale, the value shall be normal
transaction value of such goods sold from such other place at or about the same time and, where such goods are not
sold at or about the same time, at the time nearest to the time of removal of goods under assessment.
2. Where the excisable goods are not sold by the assessee but are used for consumption by him or on his behalf in the
production or manufacture of other articles, the value shall be one hundred and fifteen per cent of the cost of production or
manufacture of such goods.
3. When the assessee so arranges that the excisable goods are not sold by an assessee except to or through a person
who is related in the manner specified in either of sub-clauses (ii), (iii) or (iv) of clause (b) of sub-section (3) of section 4
of the Act, the value of the goods shall be the normal transaction value at which these are sold by the related person at the
time of removal, to buyers (not being related person); or where such goods are not sold to such buyers, to buyers (being
related person), who sells such goods in retail:
Provided that in a case where the related person does not sell the goods but uses or consumes such goods in the production
or manufacture of articles, the value shall be determined in the manner specified in rule 8.
1. When the assessee so arranges that the excisable goods are not sold by him except to or through an inter-connected
undertaking, the value of goods shall be determined in the following manner, namely:-
1. If the undertakings are so connected that they are also related in terms of sub-clauses (ii) or (iii) or (iv) of clause (b) of
sub-section (3) of Section 4 of the Act or the buyers is a holding company or subsidiary company of the assessee, then
the value shall be determined in the manner prescribed in the rule 9.
Explanation,-In this clause "holding company" and "subsidiary company" shall have the same meanings as in the
Companies Act, 1956 (1 of 1956).
2. In any other case, the value shall be determined as if they are not related persons for the purpose of sub-section (1) of
section 4.
1. If the value of any excisable goods cannot be determined under the foregoing rules, the value shall be determined using
reasonable means consistent with the principles and general provisions of these rules and sub-section (1) of section 4 of
the Act.
Notification No. 45/2000-C.E. (N.T.), dated 30-6-2000.
