Central Excise Act 1944, Central Excise Rule 2002 and Goods and Sales Tax (GST)
Central Excise Act 1944, Central Excise Rule 2002 and Goods and Sales Tax (GST)
Central Excise Act 1944, Central Excise Rule 2002 and Goods and Sales Tax (GST)
Contd
Contd
curing includes wilting, drying, fermenting and any
process for rendering an unmanufactured product fit for
marketing or manufacture;
(d) excisable goods means goods specified in the First
Schedule and the Second Schedule] to the Central Excise
Tariff Act, 1985 (5 of 1986)] as being subject to a duty of
excise and includes salt;
(e) factory means any premises, including the precincts
thereof, wherein or in any part of which excisable goods
other than salt are manufactured, or wherein or in any part
of which any manufacturing process connected with the
production of these goods is being carried on or is ordinarily
carried on;
5
Contd
Contd
Contd
(i) omitted
(ii) by a hundred per cent export-oriented undertaking and brought to
any other place in India, shall be an amount equal to the aggregate
of the duties of customs which would be leviable under the Customs
Act, 1962 (52 of 1962) or any other law for the time being in force],
on like goods produced or manufactured outside India if imported
into India, and where the said duties of customs are chargeable by
reference to their value; the value of such excisable goods shall,
notwithstanding anything contained in any other provision of this Act,
be determined in accordance with the provisions of the Customs Act,
1962 (52 of 1962) and the Customs Tariff Act, 1975 (51 of 1975).
Explanation 1. Where in respect of any such like goods, any duty
of customs leviable for the time being in force is leviable at different
rates, then, such duty shall, for the purposes of this proviso, be
deemed to be leviable at the highest of those rates.
Contd
Contd
Contd
(2) The provisions of this respect of any excisable goods for which a
tariff section shall not apply in value has been fixed under sub-section
(2) of section 3.
(3) For the purpose of this section,(a) assessee means the person who is liable to pay the
duty of excise under this Act and includes his agent;
(b) persons shall be deemed to be related if (i) they are inter-connected undertakings;
(ii) they are relatives;
(iii) amongst them the buyer is a relative and a
distributor
of the assessee, or a sub-distributor of such
distributor or
(iv) they are so associated that they have interest,
directly or indirectly, in the business of each other.
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Contd
Contd
(d) transaction value means the price actually paid or payable
for the goods, when sold and includes in addition to the amount
charged as price, any amount that the buyer is liable to pay to,
or on behalf of, the assessee, by reason of, or in connection with
the sale, whether payable at the time of the sale or at any other
time, including, but not limited to, any amount charged for, or to
make provision for, advertising or publicity, marketing and
selling organization expenses, storage, outward handling,
servicing, warranty, commission or any other matter; but does
not include the amount of duty of excise, sales tax and other
taxes, if any, actually paid or actually payable on such goods.
(********)
15
Contd
19
21
Contd
Contd
Contd
26
Contd
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Rule 5. Date for determination of duty and tariff valuation. -
31
Contd
(3) The Assistant Commissioner ofCentral Excise or the Deputy
Commissioner of Central Excise, as the case may be, shall pass order
for final assessment, as soon as may be, after the relevant information,
as may be required for finalizing the assessment, is available, but
within a period not exceeding six months from the date of the
communication of the order issued under sub-rule (1):
Providedthat the period specified in this sub-rule may, on sufficient
cause being shown and the reasons to be recorded in writing, be
extended by the Commissioner of Central Excise for a further period
not exceeding six months and by the Chief Commissioner of Central
Excise for such further period as he may deem fit.
(4) The assessee shall be liable to pay interest on any amount payable
to Central Government, consequent to order for final assessment under
sub-rule (3), at the rate specified by the Central Government by
notification issued under section 11AA or section 11AB of the Act from
the first day of the month succeeding the month for which such
amount is determined, till the date of payment thereof.
33
Contd
(5) Where the assessee is entitled to a refund consequent to order
for final assessment under sub-rule (3), subject to sub-rule (6),
there shall be paid an interest on such refund at the rate specified
by the Central Government by notification issued under section
11BB of the Act from the first day of the month succeeding the
month for which such refund is determined, till the date of refund.
(6) Any amount of refund determined under sub-rule (3) shall be
credited to the Fund:
Providedthat the amount of refund, instead of being credited to
the Fund, be paid to the applicant, if such amount is relatable to (a) the duty of excise paid by the manufacturer, if he had not
passed on the incidence of such dutyto any other person; or
(b) the duty of excise borne by the buyer, if he had not passed on
the incidence of such duty to anyother person.
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(1) The duty on the goods removed from the factory or the warehouse
during a month shall be paid by the 6th day of the following month, if
the duty is paid electronically through internet banking and by the 5th
day of the following month, in any other case:
Providedthat in case of goods removed during the month of March, the
duty shall be paid by the 31st day of March:
Providedfurther that where an assessee is eligible to avail of the
exemption under a notification based on the value of clearances in a
financial year , the duty on goods cleared during a quarter of the
financial year shall be paid by the 6th day of the month following that
quarter, if the duty is paid electronically through internet banking and
in any other case , by the 5th day of the month following that quarter ,
except in case of goods removed during the last quarter, starting from
the 1st day of January and ending on the 31st day of March, for which
the duty shall be paid by the 31st day of March.
35
Contd
Explanation.1. - For the purposes of this proviso, it is hereby clarified that
an assessee shall be eligible, if his aggregate value of clearances of all
excisable goods for home consumption in the preceding financial year,
computed in the manner specified in the said notification, did not exceed
rupees four hundred lakhs.
Explanation.2.- The manner of payment as specified in this proviso shall
be available to the assessee for the whole of the financial year.
Providedalso that an assessee, who has paid total duty of rupees ten lakh
or more including the amount of duty paid by utilization of Cenvat credit
in the preceding financial year, shall thereafter, deposit the duty
electronically through internet banking.
Explanation. -For the purposes of this rule, (a) the duty liability shall be deemed to have been discharged only if the
amount payable is credited to the account of the Central Government by
the specified date;
(b) if the assessee deposits the duty by cheque, the date of presentation
of the cheque inthe bank designated by the Central Board of Excise and
Customs for this purpose shallbe deemed to be the date on which the
duty has been paid subject to realization of thatcheque.
36
Contd
(2) The duty of excise shall be deemed to have been paid for the
purposes of these rules on the excisable goods removed in the
manner provided under sub-rule (1) and the credit of such duty
allowed, as provided by or under any rule.
(3) If the assessee fails to pay the amount of duty by due date, he
shall be liable to pay the outstanding amount along with interest at
the rate specified by the Central Government vide notification
under section 11AB of the Act on the outstanding amount, for the
period starting with the first day after due date till the date of
actual payment of the outstanding amount.
(3A) If the assessee defaults in payment of duty beyond thirty days
from the due date, as prescribed in sub-rule (1), then
notwithstanding anything contained in said sub-rule (1) and subrule (4) of rule 3 of CENVAT Credit Rules, 2004, the assessee shall,
pay excise duty for each consignment at the time of removal,
without utilizing the CENVAT credit till the date the assessee pays
the outstanding amount including interest thereon; and in the event
of any failure, it shall be deemed that such goods have been
cleared without payment of duty and the consequences and
penalties as provided in these rules shall follow.
38
Contd
39
Rule 9 Registration. -
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