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Central Excise Act 1944, Central Excise Rule 2002 and Goods and Sales Tax (GST)

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Central Excise Act 1944,

Central Excise Rule 2002 and


Goods and Sales Tax (GST)
Group Members:
Bharat Mate - 151727
Sreeraj Nair - 151729
Anadi Mishra -151728
Swaraj Vedpathak -151743
Kushal Patil -151735
1

Section 1 Short title, extent and


commencement.

(1)This Act may be called the Central Excise


Act, 1944.
(2) It extends to the whole of India.
(3) It shall come into force on such date as
the Central Government may, by notification
in the Official Gazette, appoint in this behalf
2

Section 2 Definitions. In this Act, unless there is anything


repugnant in the subject or context, (a) Adjudicating authority means any authority
competent to pass any order or decision under this Act,
but does not include the Central Board of Excise and
Customs constituted under the Central Boards of
Revenue Act, 1963 (54 of 1963), Commissioner of
Central Excise (Appeals) or Appellate Tribunal;
(aa) Appellate Tribunal means the Customs, Excise and
Service Tax Appellate Tribunal constituted under section
129 of the Customs Act, 1962 (52 of 1962);
3

Contd

broker or commission agent means a person who in the


ordinary course of business makes contracts for the sale or
purchase of excisable goods for others;
(b) Central Excise Officer means the Chief Commissioner of
Central Excise, Commissioner of Central Excise, Commissioner
of Central Excise (Appeals), Additional Commissioner of Central
Excise, [Joint Commissioner of Central Excise] [Assistant
Commissioner of Central Excise or Deputy Commissioner of
Central Excise] or any other officer of the Central Excise
Department, or any person (including an officer of the State
Government) invested by the Central Board of Excise and
Customs constituted under the Central Boards of Revenue Act,
1963 (54 of 1963) with any of the powers of a Central Excise
Officer under this Act.
4

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

(ee) Fund means the Consumer Welfare Fund


established under section 12C;
(f) manufacture includes any process, (i) incidental or ancillary to the completion of a
manufactured product;
(ii) which is specified in relation to any goods in
the
Section or Chapter notes of the First
Schedule to the Central
Excise Tariff Act, 1985 (5 of
1986) as amounting to manufacture;
or

Contd

(iii) which, in relation to the goods specified in the Third


Schedule, involves packing or repacking of such goods in
a unit container or labeling or re-labeling of containers
including the declaration or alteration of retail sale price
on it or adoption of any other treatment on the goods to
render the product marketable to the consumer, and the
word manufacturer shall be construed accordingly and
shall include not only a person who employs hired labour
in the production or manufacture of excisable goods, but
also any person who engages in their production or
manufacture on his own account;

Chapter 3 - LEVY AND COLLECTION OF DUTY


SECTION 3. Duties specified in First Schedule and
the Second Schedule to the Central Excise Tariff
Act, 1985 to be levied.
(1) There shall be levied and collected in such manner
as may be prescribed, (a) a duty of excise to be called the Central Value Added
Tax on all excisable goods (excluding goods produced
or manufactured in special economic zones) which are
produced or manufactured in India as, and at the rates,
set forth in the First Schedule to the Central Excise Tariff
Act, 1985 (5 of 1986);
(b) a special duty of excise, in addition to the duty of
excise specified in clause (a) above, on excisable goods
[(excluding goods produced or manufactured in special
economic zones)]
specified in the Second Schedule to the Central Excise
8
Tariff Act, 1985 (5 of 1986) which are produced or

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

Explanation 2. In this proviso, (ii) hundred per cent export-oriented undertaking


means an undertaking which has been approved as a
hundred per cent export-oriented undertaking by the
Board appointed in this behalf by the Central
Government in exercise of the powers conferred by
section 14 of the Industries (Development and
Regulation) Act, 1951 (65 of 1951), and the rules made
under that Act.;
(iii) Special Economic Zone has the meaning assigned
to it in clause (za) of section 2 of the Special Economic
Zones Act, 2005 (28 of 2005).provisions of sub-section
(1A) The (1) shall apply in respect of all excisable goods
other than salt which are produced or manufactured 10in

Contd

(2) The Central Government may, by notification in the


Official Gazette, fix, for the purpose of levying the said
duties, tariff values of any articles enumerated, either
specifically or under general headings, in the First Schedule
and the Second Schedule to the Central Excise Tariff Act,
1985 (5 of 1986) as chargeable with duty ad valorem and
may alter any tariff values for the time being in force.
(3) Different tariff values may be fixed (a) for different classes or descriptions of the same
excisable goods; or
(b) for excisable goods of the same class or
description (i) produced or manufactured by different
classes of producers or manufacturers; or
(ii) sold to different classes of buyers :
Provided that in fixing different tariff values in respect of
11
excisable goods falling
under sub-clause (i) or sub-clause

SECTION 4 - Excisable Valuation of goods for


purposes of charging of duty of excise. (1) Where under this Act, the duty of excise is chargeable on
any excisable goods with reference to their value, then, on
each removal of the goods, such value shall (a) in a case where the goods are sold by the assessee, for
delivery at the time and place of the removal, the assessee and
the buyer of the goods are not related and the price is the sole
consideration for the sale, be the transaction value;
(b) in any other case, including the case where the goods
are not sold, be the value determined in such manner as may
be prescribed.
Explanation. - For the removal of doubts, it is hereby
declared that the price-cum-duty of the excisable goods sold by
the assessee shall be the price actually paid to him for the
goods sold and the money value of the additional
consideration, if any, flowing directly or indirectly from the
12
buyer to the assessee in connection with the sale of such

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.
13

Contd

Explanation. In this clause shall


(i) inter-connected undertakings have the meaning
assigned to it in clause (g) of section 2 of the Monopolies and
Restrictive Trade Practices Act, 1969 (64 of 1969); and shall
have the meaning(ii) relative assigned to it in clause (41) of
section 2 of the Companies Act, 1956 (1 of 1956);
means (c) place of removal (i) factory or any other place or premises of production or
manufacture of the excisable goods;
(ii) warehouse or any other place or premises wherein the
excisable goods have been permitted to be deposited without
[payment of duty;
(iii) depot, premises of a consignment agent or any other
place or premises from where the excisable goods are to be
sold after their clearance from the factory; from where such
14
goods are removed;

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

SECTION 4A. Valuation of excisable goods with


reference to retail sale price. (1) The Central Government may, by notification in the
Official Gazette, specify any goods, in relation to which
it is required, under the provisions of the Standards of
Weights and Measures Act, 1976 (60 of 1976) or the
rules made thereunder or under any other law for the
time being in force, to declare on the package thereof
the retail sale price of such goods, to which the
provisions of sub-section (2) shall apply.
(2) Where the goods specified under sub-section (1)
are excisable goods and are chargeable to duty of
excise with reference to value, then, notwithstanding
anything contained in section 4, such value shall be
deemed to be the retail sale price declared on such
goods less such amount of abatement, if any, from
such retail sale price as the Central Government may
16

Contd

(3) The Central Government may, for the purpose of


allowing any abatement under sub-section(2), take
into account the amount of duty of excise, sales tax
and other taxes, if any, payable on such goods.
(4) Where any goods specified under sub-section (1)
are excisable goods and the manufacturer(a) removes such goods from the place of
manufacture, without declaring the retail sale price of
such goods on the packages or declares a retail sale
price which is not the retail sale price as required to be
declared under the provisions of the Act, rules or other
law as referred to in sub-section (1);
(b) tampers with, obliterates or alters the retail sale
price declared on the package of such goods after their
removal from the place of manufacture, then, such
goods shall be liable to confiscation and the retail sale
price of such goods shall be ascertained in the
17

Explanation 1. For the purposes of this section, retail


sale price means the maximum price at which the
excisable goods in packaged form may be sold to the
ultimate consumer and includes all taxes, local or
otherwise, freight, transport charges, commission payable
to dealers, and all charges towards advertisement,
delivery, packing, forwarding and the like and the price is
the sole consideration for such sale :
Provided that in case the provisions of the Act, rules or
other law as referred to in subsection (1) require to declare
on the package, the retail sale price excluding any taxes,
local or otherwise, the retail sale price shall be construed
accordingly.
Explanation 2. For the purposes of this section, (a) where on the package of any excisable goods more
18
than one retail sale price is declared, the maximum of such

(b) where the retail sale price, declared on the package


of any excisable goods at the time of its clearance from
the place of manufacture, is altered to increase the retail
sale price, such altered retail sale price shall be deemed
to be the retail sale price;
(c) where different retail sale prices are declared on
different packages for the sale of any excisable goods in
packaged form in different areas, each such retail sale
price shall be the retail sale price for the purposes of
valuation of the excisable goods intended to be sold in
the area to which the retail sale price relates.

19

SECTION 5. duty on Remission of goods found deficient in


quantity.

(1) The Central Government may, by rules made under this


section, provide for remission of duty of excise leviable on
any excisable goods which due to any natural cause are
found to be deficient in quantity.
(2) Any rules made under to the nature of the excisable
goods or of sub-section (1) may, having regard processing or
of curing thereof, the period of their storage or transit and
other relevant considerations, fix the limit or limits of
percentage beyond which no such remission shall be
allowed :
Provided that different limit or limits of percentage may be
fixed for different varieties of the same excisable goods or for
different areas or for different seasons.
20

SECTION 6. Any prescribed person who is engaged


in - Registration of certain persons.
(a) the production or manufacture or any process of
production or manufacture of any specified goods
included in the First Schedule and the Second Schedule
to the Central Excise Tariff Act, 1985 (5 of 1986), or
(b) the wholesale purchase or sale (whether on his own
account or as a broker or commission agent) or the
storage of any specified goods included in [the First
Schedule and the Second Schedule] to the Central
Excise Tariff Act, 1985 (5 of 1986), shall get himself
registered with the proper officer in such manner as
may be prescribed.

21

SECTION 9. Offences and penalties.

(1) Whoever commits any of the following offences,


namely: (a) contravenes any of the provisions of section 8 or
of a rule made under clause (iii) or clause (xxvii) of
sub-section (2) of section 37;
(b) evades the payment of any duty payable under
this Act;
(bb) removes any excisable goods in contravention
of any of the provisions of this Act or any rules made
thereunder or in any way concerns himself with such
removal;
(bbb)acquires (bbb) transporting,
depositing,possession of, or in any way concerns 22
himself in keeping, concealing, selling or purchasing,

Contd

(bbbb) the provisions of this Act or the rules made


thereunder in relation to credit of any duty allowed to be
utilised towards payment of excise duty on final products;
(c)fails to supply any information which he is required by
rules made under this Act to supply, or (unless with a
reasonable belief, the burden of proving which shall be
upon him, that the information supplied by him is true)
supplies false information;
(d) attempts to commit, or abets the commission of, any of
the offences mentioned in clauses (a) and (b) of this
section;
23

Contd

(i) the duty leviable in the case of an offence relating


to any excisable goods, thereon under this Act
exceeds one lakh of rupees, with imprisonment for a
term which may extend to seven years and with fine :
Provided that in the absence of special and
adequate reasons to the contrary to be recorded in
the judgment of the Court such imprisonment shall not
be for a term of less than six months; in (ii) extend to
three any other case, with imprisonment for a term
which may years or with fine or with both.
(2) If any person convicted of an offence under this
section is again convicted of an offence under this
section, then, he shall be punishable for the second
and for every subsequent offence with
imprisonment for a term which may extend to seven
years and with
fine :
24
Provided that in the absence of special and adequate

Contd

(3) For the purposes of sub-sections (1) and (2), the


following shall not be considered as special and
adequate reasons for awarding a sentence of
imprisonment for a term of less than six months,
namely : the fact that the accused has been
(i) time for an offence under this convicted for the first
Act;
(ii) the fact that in any proceeding under this Act, other
than a prosecution, the accused has been ordered to pay
a penalty or the goods in relation to such proceedings
have been ordered to be confiscated or any other action
has been taken against him for the same act which
constitutes the offence;
(iii) the fact that the accused was not the principal
offender and was acting merely as a carrier of goods or 25

CENTRAL EXCISE RULE 2002

26

Central Excise Rule 2002


Rule 4. Duty payable on removal
(1) Every person who produces or manufactures any
excisable goods, or who stores such goods in a
warehouse, shall pay the duty leviable on such goods in
the manner provided in rule 8 or under any other law,
and no excisable goods, on which any duty is payable,
shall be removed without payment of duty from any
place, where they are produced or manufactured, or
from a warehouse, unless otherwise provided:
[* * *] Omitted
(1A) Notwithstanding anything contained in sub-rule (1),
every person who gets the goods, falling under Chapter 61
or 62 or 63 of the First Schedule to the Tariff Act, produced
or manufactured on his account on job work, shall pay the
duty leviable on such goods, at such time and in such
27
manner as is provided under these rules, as if such goods

Contd

Providedthat where any person had, instead of paying duty,


authorized job worker to pay the duty leviable on goods
manufactured in his behalf under the provisions of sub-rule
(1A) as it stood prior to the publication of this notification,
he shall be allowed to obtain registration any comply with
the provisions of these rules within a period of thirty days
from the date of publication of this notification in the Official
Gazette."
Explanation.- For the purposes of this sub-rule, the
expression "job worker" means a person engaged in
manufacture, or undertaking any process on behalf and
under the instructions of such person for manufacturing,
from any inputs or goods supplied by such person or by any
other person authorized by such person so as to complete a
part or whole of the process resulting ultimately in the
manufacture of goods falling under chapters 61 or 62 or 63
of the First schedule to the Tarrif Act, and the term "job
work" shall be construed accordingly."
28

(2) Notwithstanding anything contained in sub-rule (1), where


molasses are produced in a khandsari sugar factory, the
person who procures such molasses, whether directly from
such factory or otherwise, for use in the manufacture of any
commodity, whether or not excisable, shall pay the duty
leviable on such molasses, in the same manner as if such
molasses have been produced by the procurer.

(3) Notwithstanding anything contained in sub-rule (1),


Commissioner may, in exceptional circumstances having
regard to the nature of the goods and shortage of
storage space at the premises of the manufacturer
where the goods are made, permit a manufacturer to
store his goods in any other place outside such
premises, without payment of duty subject to such
conditions as he may specify.
(********)

29


Rule 5. Date for determination of duty and tariff valuation. -

(1)The rate of duty or tariff value applicable to any


excisable goods, other than khandsari molasses, shall
be the rate or value in force on the date when such
goods are removed from a factory or a warehouse, as
the case may be.
(2) The rate of duty in the case of khandsari molasses,
shall be the rate in force on the date of receipt of such
molasses in the factory of the procurer of such molasses.
Explanation. -If any excisable goods are used within the
factory, 'the date of removal of such goods' shall mean
the date on which the goods are issued for such use.
(3) [* * *] Omitted
30

Rule 6. Assessment of duty.-

The assessee shall himself assess the duty payable on


any excisable goods:
Providedthat in case of cigarettes, the Superintendent
or Inspector of Central Excise shall assess the duty
payable before removal by the assessee.

31

Rule 7. Provisional assessment.-

(1) Where the assessee is unable to determine the value of


excisable goods or determine the rate of duty applicable thereto,
he may request the Assistant Commissioner of Central Excise or
the Deputy Commissioner of Central Excise, as the case may be,
in writing giving reasons for payment of duty on provisional basis
and the Assistant Commissioner of Central Excise or the Deputy
Commissioner of Central Excise, as the case may be, may order
allowing payment of duty on provisional basis at such rate or on
such value as may be specified by him.
(2) The payment of duty on provisional basis may be allowed, if
the assessee executes a bond in the form prescribed by
notification by the Board with such surety or security in such
amount as the Assistant Commissioner of Central Excise or the
Deputy Commissioner of Central Excise, as the case may be, deem
fit, binding the assessee for payment of difference between the
amount of duty as may be finally assessed and the amount of duty
32
provisionally assessed.

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.
34

Rule 8. Manner of payment. -

(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

(1A) Notwithstanding anything contained in sub-rule


(1), the duty on the goods removed from the factory
or the warehouse, in the State of Gujarat, during the
second fortnight of February, 2002 and the month of
March, 2002 shall be paid by the 31st March, 2002:
Providedthat where an assessee in the State of
Gujarat is availing of the exemption under a
notification based on the value of clearances in a
financial year, the duty on goods cleared during the
month of February, 2002 shall be paid by the 31st
March, 2002.
Explanation. - For removal of doubts, it is hereby
clarified that 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.
37

(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

(4) The provisions of section 11 of the Act shall


be applicable for recovery of the duty as assessed
under rule 6 and the interest under sub-rule (3) in
the same manner as they are applicable for
recovery of any duty or other sums payable to the
Central Government.
Explanation.- For the purposes of this rule,
the expressions 'duty' or 'duty of excise' shall also
include the amount payable in terms of the
CENVAT Credit Rules, 2004.

39

Rule 9 Registration. -

(1) Every person, who produces, manufactures, carries on trade,


holds private store-room or warehouse or otherwise uses
excisable goods, shall get registered :
Providedthat a registration obtained under rule 174 of the
Central Excise Rules, 1944 or rule 9 of the Central Excise (No. 2)
Rules, 2001 shall be deemed to be as valid as the registration
made under this sub-rule for the purpose of these rules.
(2) The Board may by notification and subject to such conditions
or limitations as may be specified in such notification, specify
person or class of persons who may not require such registration.
(3) The registration under sub-rule (1) shall be subject to such
conditions, safeguards and procedure as may be specified by
notification by the Board.
40

Rule 10. Daily stock account.-

(1) Every assessee shall maintain proper records, on a daily


basis, in a legible manner indicating the particulars regarding
description of the goods produced or manufactured, opening
balance, quantity produced or manufactured, inventory of goods,
quantity removed, assessable value, the amount of duty payable
and particulars regarding amount of duty actually paid.
(2) The first page and the last page of each such account book
shall be duly authenticated by the producer or the manufacturer
or his authorized agent.
(3) All such records shall be preserved for a period of five years
immediately after the financial year to which such records
pertain.

41

Rule 15. Special procedure for payment of duty. -

(1) The Central Government may, by notification, specify


the goods in respect of which an assessee shall have the
option to pay the duty of excise on the basis of such factors
as may be relevant to production of such goods and at such
rate as may be specified in the said notification, subject to
such limitations and conditions, including those relating to
interest or penalty, as may be specified in such notification.
(2) The Central Government may also specify by
notification the manner of making an application for
availing of the special procedure for payment of duty, the
abatement, if any, that may be allowed on account of
closure of a factory during any period, and any other matter
incidental thereto
42

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