CIR NO.876/14/2008-CX, DT. 20/10/2008

Allowance of maximum permissible error on net quantity by weight declared in packages of cement

Representations were received from the trade and industry for permitting allowance of maximum permissible error on net quantity by weight declared in packages of cement. These representations were received consequent to issuance of show cause notices by the field formations to cement manufacturers, based on the sample weighment that is done as per BIS requirements.

2. The matter has been examined. As per Standard of Weights and Measures (Packaged Commodity) Rules, 1977, cement is required to be packed in bags containing 50 Kgs. Generally, bagging in cement factories is done by automatic filling machines, adjusted to pack 50 Kg. in a bag. However, some times, the actual quantity filled in a bag may be little more or less than 50 Kg. due to the inherent nature of product and the quality of machines. Due to these reasons, the Standard of Weights and Measures (Packaged Commodity) Rules, 1977 provides for 1% variation (excess or short) for cement bags of 50 Kgs. Therefore, it has been decided that same practice of variation (1%) should be allowed for cement filled in bags for the purpose of levy of central excise duty. Pending disputes, if any, may also be decided accordingly.

4. Trade & field formations may please be informed suitably.

5. Receipt of the Circular may be acknowledged.

6. Hindi version will follow.

F.No. 224/39/04-CX-6

(Rahul Nangare)

Under Secretary to the Government of India

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