notes for cs final students

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CHAPTER 5
GENERAL PROCEDURES
DEPARTMENTAL CONTROLS ON CENTRAL EXCISE ASSESSEE'S
(1) PHYSICAL CONTROL: Under this system, excisable goods are removed under the control and supervision of
the Central Excise officials. The assessee has to prepare an invoice which is counter signed by the
Superintendent or Inspector of Central Excise and only then the goods are removed under his supervision.
This scheme is known as Physical Control. In this case, assessment is done by Excise Officials. At present, it is
applicable to cigarettes.
(2) SELF‐ASSESSMENT [Rule 6 of Central Excise Rules, 2002]: Under this system, the assessee himself
determines the correct classification and valuation of goods and the duty liability on such goods. The goods
are removed under cover of invoice signed by him. Thus, the assessee makes self assessment and has to
submit monthly/quarterly returns as required by Rule 12.
If, on scrutiny of returns by Central Excise Officer, it is found that duty of excise is not levied or short levied
or not paid or short paid or erroneously refunded, a show cause notice is issued under section 11A for
recovering such duty.
(3) Special Procedure for payment of duty or COMPOUNDED LEVY SCHEME [Rule 15]: Compounded levy
scheme is an optional scheme and is covered under Rule 15 of central Excise Rule, 2002. This scheme is
meant for small scale decentralised sectors and at present, it covers stainless steel pattis/patta and
aluminium circles. Duty is fixed on the basis and number of types of machine and payment of such duty
absolves the manufacturer from maintenance of day to day excise records and other excise formalities.
The rate of excise duty for the sectors covered under the compounded levy scheme has been fixed as
follows –
• Stainless steel pattis/patta = Rs.40,000 per machine per month. (EC+SHEC)
• Aluminium circles produced from sheets manufactured on cold rolling machines:‐ Rs. 12,000 per machine
per month. (EC+SHEC)
THE ADMINISTRATIVE SET UP UNDER THE CENTRAL EXCISE ACT, 1944
Designation Work Profile
1 Central Board of Excise and Customs (CBEC)
constituted under the Central Board of Revenue
Act,1963
Highest administrative authority issuing orders,
instructions and directions under Section 378 of the
Central Excise Act, 1944
2 Chief Commissioner of Central Excise Head of Zones and supervisory in nature
3 Commissioner of Central Excise Administrative‐in‐charge of Commissionerates
4 Commissioner of Central Excise (Appeals) Appellate Authority equal in rank of Commissioner
5 Additional Commissioner of Central Excise Restricted power of adjudication and for appellate
purposes, lower in rank of Commissioner
6 Joint Commissioner of Central Excise Lower in rank of Commissioner
7 Deputv / Assistant Commissioner Head of divisional office
8 Superintendent of Central Excise Head of range office and officer of gazette rank
9 lnspector of Central Excise Sector officers

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REGISTRATION UNDER CENTRAL EXCISE
Persons required to obtain Registration:
The persons required to obtain registration as per Section 6 of the Central Excise Act, 1944 and Rule 9 of the
Central Excise Rules, 2002, are as follows ‐
(1) Every manufacturer of dutiable excisable goods (including Central/State Government undertakings or
undertakings owned or controlled by autonomous corporations).
(2) First and second stage dealers (including manufacturer's depots and importers) desiring to issue Cenvatable
invoices.
(3) Persons holding warehouses for storing non‐duty paid goods.
(4) Persons who obtain excisable goods for availing end use based exemption.
(5) Exporter‐manufacturers under rebate/bond procedure; and Export Oriented Units, which have interaction
with the domestic economy (through DTA sales or procurement of duty free inputs).
(6) Persons who get yarns, fabrics, ready‐made garments etc. manufactured on job work under Rule 128.
PERSON EXEMPT FROM OBTAINING REGISTRATION
The following categories of persons are exempt from obtaining registration under Central Excise as per
Notification No. 36/2001‐C,E. (N.7,), dated 26‐6‐2001:
(1) Persons who manufacture the excisable goods, which are chargeable to nil rate of excise duty or are fully
exempt from duty by a notification.
(2) SSI manufacturers having annual turnover below the specified exemption limit. However, in case of SSIs
wholly exempted from duty under Notification No. 8/2003‐CE, declaration is required only if value of
clearances computed as per the said Notification during the preceding financial year was Rs. 90 lakhs or
more or, in case of new unit, such clearances are expected to be Rs. 90 lakhs or more during current
financial year.
(3) In respect of branded ready‐made garments, the job‐worker need not get registered if the principal
manufacturer undertakes to discharge the duty liability.
(4) Persons manufacturing excisable goods by following the warehousing procedure under the Customs Act,
1962.
(5) The person who carries on wholesale trade or deals in excisable goods (except first and second stage
dealer, as defined in Cenvat Credit Rules, 2004 and the depots of a registered manufacturer).
(6) A 100% Export Oriented Undertaking or a unit in Free Trade Zone or SEZ, is licensed or appointed, as the
case may be, under the provisions of the Customs Act, 1962 other than having dealings with DTA.
(7) Persons who use excisable goods for any purpose other than for processing or manufacture of goods
availing benefit of concessional duty exemption notification.

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(8) In respect of branded jewellery, the job‐worker need not get registered if the principal manufacturer
undertakes to discharge the duty liability.
When a manufacturer is exempt from obtaining registration he is required to file a declaration to the
Jurisdictional Divisional Officer i.e. Assistant Commissioner of Central Excise.
PROCEDURE IN RESPECT OF REGISTRATION
(1) Application for Registration : Every specified person & unless exempted, shall get himself registered with
the Jurisdictional Deputy or Assistant Commissioner of Central Excise by applying in the Form A‐1/ A‐2/ A‐
3.
(2) Registration of different premises of the same registered person: If the person has more than one
premises requiring registration, separate registration certificate shall be obtained for each of such
premises. However, where two or more premises are actually part of the same factory where processes
are inter‐linked, but they are segregated by public road, canal or railway line, then they do not therefore
require separate registration.
(3) Registration Certificate and Number: Registration Certificate in the form specified in RC containing
registration number shall be granted within 7 days of the receipt of the duly complete application.
(4) No fee for Registration: Registration Certificate is issued free of charge and there is no fee prescribed for
the same.
(5) Transfer of business: Excise registration is premises‐specific. But it is non‐transferable and hence, when
the business is transferred to another person by way of sale or lease, the person taking over the business
(transferee) should take fresh registration in his name.
(6) Same form for intimation of changes: The same application form is to be used for intimating any change
in the information furnished originally at the time of applying for registration certificate.
(7) Change in the Constitution: If the entity holding Central Excise Registration is a firm or company or
association of persons, then any change in the constitution should be intimated to the concerned Central
Excise Officer within 30 days.
(8) De‐registration: Every registered person who ceases to carry on the operation for which he is registered
shall de‐register himself by making a declaration in the specified form and depositing his registration
certificate with the Superintendent of Central Excise.
(9) Revocation or suspension of registration: A registration certificate granted under this rule may be
revoked or suspended by the Assistant Commissioner of Central Excise or the Deputy Commissioner of
Central Excise, if the holder of such certificate or any person in his employment, is found to have
committed breach of any of the provisions of the Act or the rules made there under or has been convicted
of an offence u/ s 161, read with Section 109 or with Section 116 of the Indian Penal Code.
(10) Loss of Registration Certificate: When the Registration Certificate is lost, a Duplicate Certificate can be
issued only on a written application made by the person to the Range Officer.
VALIDITY OF REGISTRATION CERTIFICATE
REGISTRATION CERTIFICATE IS PERMANENT: Registration certificate once granted, assumes a permanent
characteristic i.e. it is valid throughout, unless it has been suspended or revoked by the authorities in pursuance
of the Central Excise law or it has been surrendered by the assessee or ceases to be valid on the death of the
Assessee.

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Effect of certain events on validity of registration certificate –
Death of the Individual: Registration certificate shall cease to be valid.
Death of a director of a limited company: company being an entity distinct from its members and having
perpetual succession, hence death of any director/member shall not affect the validity of the certificate.
Death of a partner of a partnership firm : If the death of a partner results in dissolution of firm and
consequent dissolution of business, the registration certificate will cease to be valid. However, if the
remaining partners continue to carry on same business in the same name, then the registration
certificate shall remain valid.
PENAL PROVISIONS FOR NON OBTAINING REGISTRATION‐
(1) Fine and Imprisonment : As per Section 9(1)(a) of the Central Excise Act, 1944‐
Any person who fails to obtain registration when he is so required to do so shall be punishable –
Condition Punishment
The duty leviable on excisable goods
exceeds Rs. 50,00,000.
[Amended by Finance Act, 2013,
w.e.f 10‐05‐2013. Prior to
amendment it was Rs.30,00,000
Imprisonment for a term, which may extend to 7years and with fine.
(However, in absence of special and adequate reasons to the contrary to
be recorded in judgment of the Court, such imprisonment shall not be
for less than 6 months.)
In any other case Imprisonment for a term extending to 3 years or with fine or with both.
(2) Confiscation and penalty [Rule 25 of the Central Excise Rules, 2002]: Where any manufacturer or producer
engages in manufacture, production or storage of any excisable goods without having applied for
registration certificate, as required under section 6 of the Act, then, all such goods shall be liable to
confiscation. Moreover, such manufacturer or producer shall also be liable to a penalty not exceeding‐
(a) the duty on such excisable goods, or
(b) Rs. 2000,
whichever is greater.
(3) Opportunity of being heard: Such order of confiscation and penalty shall be passed only after giving the
assessee an opportunity of being heard.
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WHO IS THE PERSON LIABLE TO PAY EXCISE DUTY AND WHEN SUCH DUTY IS PAYABLE
[RULE 4]
(1) Liability to pay duty is on manufacture/warehouse keeper : According to Rule 4(1) of the Central Excise
Rules, 2002, every person who –
(a) produces or manufactures any excisable goods, or
(b) stores such goods in a warehouse,
shall be liable to pay duty leviable on such goods.

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(2) Merchant manufacturer liable to pay duty in case of ready‐made garments and made‐up articles of textiles
[Rule 4(1A)] : In case of ready‐made garments and made‐up articles of textiles manufactured on job‐work
basis, liability to pay duty is on the merchant manufacturer (person on whose behalf the goods are
manufactured by job‐workers), as if such goods have been manufactured by such person.
(3) Procurer liable to pay duty in case of khandsari molasses [Rule 4(2)] : 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.
(4) Duty payable on removal: Duty is payable on removal of excisable goods from place of production or
manufacture. Thus, 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.
[Rule 4(4) of the Central Excise Rules, 2002, the storage of non‐duty paid goods outside the factory can be
permitted by the Commissioner of Central Excise, subject to such safeguards as he may specify. Such storage
outside the factory premises is permissible in exceptional circumstances having regard to the nature of the
goods and shortage of storage space in the factory.]
DATE FOR DETERMINATION OF DUTY AND TARIFF VALUATION
[RULE 5]
(1) Excisable goods other than kandsari molasses: The rate of duty or tariff value applicable to any excisable
goods, 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.
In case of captive consumption: 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.
(2) KHANDSARI molasses: 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.
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ASSESSEE [RULE 2(C) means any person who is liable for payment of duty assessed or a producer or
manufacturer of excisable goods or a registered person of a private warehouse in which excisable goods are
stored and includes an authorized agent of such person.
ASSESSMENT [RULE 2(B) includes self‐assessment of duty made by the assessee and provisional
assessment under Rule 7 of the Central Excise Rules, 2002. Assessment is the procedure adopted for fixing the
duty liability by correctly determining the classification of goods and valuation of goods.
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[RULE‐7]
PROVISIONAL ASSESSMENT
1. Provisional assessment is resorted to in the event the duty cannot be determined at the point of clearance
of the goods. Thus, provisional assessment is resorted to where the assessee is unable to determine,‐

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(a) the value of the excisable goods, or
(b) the rate of duty applicable thereto.
2. REQUEST of provisional assessment in writing to AC/DC : Wherever an assessee finds that self assessment
is not possible, he will make a detailed request in writing to the Divisional Deputy/AC of Central Excise,
indicating :
(i) Specific grounds/reasons, and the documents or information for want of which final assessment cannot
be made.
(ii) Period for which provisional assessment is required.
(iii) The rate of duty or the value or both, as the case may be, proposed to be applied by the assessee, for
Provisional Assessment.
(3) Execution of BOND by assessee : The payment of duty on provisional basis may be Allowed, if the assessee
executes a bond in the FORM B‐2 with such SURETY OR SECURITY in such amount as the AC/DC 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 provisionally assessed.
(4) Order of provisional assessment : where the AC/DC is satisfied with the genuineness of the assessee's
request, he will issue a specific order directing provisional assessment, clearly stating:
(a) the grounds on which Provisional Assessment has been ordered.
(b) the rate and/ or value, as the case may be, at which duty has to be provisionally paid.
(5) Final Assessment to be made by AC/DC
(6) Time limit for finalisation of assessment ‐ 6 months from the date of communication of order of
provisional assessment. The said period can be extended on sufficient cause being shown and the reasons
are to be recorded in writing. Such period can be extended by the Commissioner for a further period not
exceeding 6 months, and by the CCEx for such further period as he may deem fit.
(7) Payment of differential amount along with interest: along with interest at the rate specified in section
11AA of the Act i.e. 18% p.a. from the first day of the month succeeding the month for which such amount
is determined, till the date of payment thereof.
(8) Grant of refund along with interest: under section 11BB of the Act. Thus, interest shall be payable from the
date after expiry of 3 months from the receipt of duly completed application till the date of refund.
(9) Refund to be credited to Consumer Welfare Fund: Any amount of refund determined above shall be
credited to the Consumer Welfare Fund. However, the amount of refund, instead of being credited to
Consumer Welfare 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 duty to 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 any other
Person.
Rule 7 does not give power to the department to order provisional assessment on its own. Thus, the
excise department cannot suo motu issue directions for resorting to provisional
assessment.
Duty can be demanded by making proper assessrnent if self‐assessment made by the assessee is not in
order
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[RULE 8]
MANNER OF PAYMENT
1. Rule 8 of Central Excise Rules,2002 provides the following manner of payment of duty ‐
ASSESSEE DUE DATE OF PAYMENT
(1) Monthly payment in case of assessees
other than those eligible for SSI
exemption
Duty on goods removed from factory or warehouse during a
month is payable as follows –
For period other than the month of March ‐
(a) If duty is paid electronically through internet banking : 6th
day of following month;
(b) In any other case: 5th
day of following month .
For the month of March ‐ duty shall be paid by 31st
March.
(2) Quarterly payments in case of an
assessee eligible to avail of the
exemption under a notification based
on the value of clearances in a financial
year (i.e. assessees eligible for SSI
exemption)
Duty on goods removed from factory or warehouse during a
quarter payable as follows –
For a quarter other than the quarter ending 31st
March ‐
(a) If duty is paid electronically through internet banking : 6th
day of month following that quarter;
(b) In any other case: 5th
day of the month following that
quarter.
For the quarter ending 31st
March: duty shall be paid by 31st
March.
ELIGIBILITY FOR SSI EXEMPTION: An assessee shall be eligible for SSI exemption 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 RS. 400 LAKHS.
Applicability for, Financial Year: The manner of quarterly payment of duty as specified above shall be available
to the assessee for the whole of the financial year.
(2) Mandatory electronic payment in case duty paid last year is Rs. 10 lakh or more : An assessee, who
has paid total duty of Rs 10 lakhs 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.
(3) Discharge of duty liability : 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;

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(b) if the assessee deposits the duty by cheque, the date of presentation of the cheque shall be deemed to
be the date on which the duty has been paid subject to realization of that cheque.
(4) Deemed payment for CENVAT credit: 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 above and the credit of
such duty allowed, as provided by or under any rule.
IF DUTY IS NOT PAID FULLY ON THE DUE DATE OR WITHIN 30 DAYS AFTER THE DUE DATE
(1) Interest leviable @ 18% p.a. in case of default in payment of duty by due date [Rule 8(3)]
(2) Forfeiture of facility in case of defaults in payment of duty beyond thirty days from the due date [Rule
8(3A)]: 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.
(3) Recovery of duty and interest as per Section 11 [Rule 8(4)] : The provisions of Section 11 of the Act shall be
applicable for recovery of the duty and interest in the same manner, as they are applicable for recovery of
any duty or other sums payable to the Central Government.
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PERSONAL LEDGER ACCOUNT
(a) Personal ledger Account is an account with the Central Government, which is utilized for payment of duty
of excise.
(b) The account is credited when the sum is deposited into the treasury and debited on payment of excise
duty. Each debit and credit entry should be made on separate lines and assigned a running serial number for
the financial year.
(c) The PLA must be prepared in triplicate by writing with an indelible pencil and using double sided carbon.
Original and duplicate copies of PLA shall be sent to the Central Excise Officer in charge along with the
monthly/ quarterly return.
(d) The assessee may make credit in the PLA by making cash payment into the treasury or authorised bank
through GAR‐7 challan. Copy of each such challan shall be sent by the assessee to the Central Excise Officer
along with the monthly/quarterly return.
(e) No restrictions exist with regard to any minimum amount, which should necessarily remain in balance to the
credit of an assessee in his PLA. With the monthly payment system, there should be enough credit at the
time of payment of duty for the month.
(f) Mutilations or erasures of entries once made in the PLA are not allowed. If any correction becomes
necessary, the original entry should be scored out and attested by the assessee or his authorized agent.
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SCRUTINY
1. In view of the self‐assessment procedure wherein the assessee himself assesses the duty liability, the
Departmental officers have been entrusted with the responsibility of scrutinizing the assessment for
verification of its correctness.

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2. For this purpose, the proper officer may, on the basis of information contained in the return filed by the
assessee and after such further enqulry as he may consider necessary, scrutinize the correctness of the duty
assessed by the assessee on the goods removed, in the manner to be prescribed by the Board [Rule 12(3)].
3. officers empowered to conduct scrutiny.
4. After scrutiny of the records, if the Central Excises Officers is satisfied that the duty of excise is not
levied/short levied, short paid / not paid, or erroneously refunded then, he will serve a show cause notice
and after hearing the assessee he will confirm the demand or drop it.
ANNUAL FINANCIAL INFORMATION STATEMENT
(1) Annual Financial Information Statement : Every assessee shall submit to the Superintendent of Central
Excise, electronically an Annual Financial Information Statement for the preceding financial year to which
the statement relates, in ER4 form by 30th
day of November of the succeeding year.
(2) Contents Of Return: The main contents of the retum are as under –
(a) Financial year to which it relates;
(b) Registration Number;
(c) Name of the Assessee;
(d) Details of Expenditure;
(e) Details of Income ;
(f) CENVAT credit details.
(3) Persons exempt from filing Annual Information Statement:
(a) the assessee who paid duty of excise less than Rs. 100 lakhs, in aggregate, through account cunent or by
utilising Cenvat credit or by both during the financial year to which the Statement relates; and
(b) Indian ordnance factories, Department of Defense production.
(4) Penalty for non submission of Annual Financial Information Statement: The maximum penalty for non
submission or late submission can be Rs. 5,000 under Rule 27 of the Central Excise Rules, 2002.
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ANNUAL INSTALLED CAPACITY STATEMENT ER‐7
1. Every assessee has to submit to the Superintendent of Central Excise, an Annual Installed Capacity
Statement electronically in ER‐7 declaring the annual production capacity of the factory for the financial year
to which the statement relates, by 30th
April of the succeeding financial year [Rule 12(2A)].
2. Persons exempt The assessees manufacturing –
(a) biris,
(b) matches,
(c) reinforced cement concrete pipes under prescribed conditions, are exempt from the submission of
Annual Installed Capacity Statement.
3. ER‐7 to be amended if capacity increased by more than 25%: In case, any substantial expansion/ addition of
machineries is carried out during the year resulting into increase in the installed capacity by more than 25%
of. one class of product, an amendment to the declaration should be filed within 30 days of commencement
of production of the new machineries.
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REMOVAL OF GOODS BY A 100% EXPORT ORIENTED UNDERTAKING FOR DOMESTIC TARIFF AREA
Goods to be removed under cover of invoice and duty to be paid as Per Rule 8
Statutory Records to be maintained
Filing of monthly return electronically in ER‐2 Form within 10 days from the close of the month to which the
return relates,
VARIOUS EXCISE RETURNS (ERS)
FORM PERIODICITY PURPOSE LAST DATE
ER‐1 Monthly Return for production and removal of goods and
CENVAT credit to be filed by every assessee (in
duplicate)
10th
of every month (for
removals during the previous
month)
ER‐2 Monthly Return to be filed by 100% EOU in respect of excisable
goods manufactured and inputs/capital goods
received in unit (in duplicate)
10th
of every month (for
removals during the previous
month)
ER‐3 Quarterly Return for clearance of goods and Cenvat Credit to be
filed by.SSI units and other units required to file
quarterly return claiming clearance based exemption
(in duplicate)
SSI units : 10th
of the month
following the particular quarter
and Other Units: 20th
of the
month following the particular
quarter.
ER‐4 Annually Annual Financial Information Statement to be filed by
assessees paying duty of Rs. 1 crore or more (in
duplicate)
30th
day of November of the
succeeding year
ER‐5 Annually Annual declaration of information relating to principal
inputs to be filed by assessees paying duty of Rs. 1
crore or more
30th
April of each financial year
ER‐6 Monthly Return of information relating to principal inputs to
be filed by assessees paying duty of Rs. 1 crore or
more
10th
of every month (for the
receipts and consumption of
principal inputs during the
previous month)
ER‐7 Annually Annual Installed Capacity Statement declaring the
annual production capacity of the factory for every
financial year
30th
April of the succeeding
financial year.
ER‐8 Quarterly Quarterly Return by an assessee manufacturing only
the excisable goods falling under Notification No.
1/2011‐CE, dated 1‐3‐2011 or Sl. No. 67 128, 199(1)
and 200(I), of Notification No. 12/2012‐CE, dated 17‐
3‐2012 and availing exemption there‐under.
10th
of the month following the
particular quarter.
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CREDIT OF DUTY ON GOODS BROUGHT TO THE FACTORY [RULE 16]
(1) Goods can be returned for remaking, repairs etc.: The goods on which duty had been paid at the time of
removal thereof can be brought to same factory in which they were produced or any other factory for being
re‐made, refined, re‐conditioned or for any other reason.
(2) Proper records to be maintained
(3) Assessee entitled to take the GENVAT credit of duty paid on goods so returned

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(4) Procedural compliances on subsequent removal of such goods :
(a) If the process does not amount to manufacture: the manufacturer shall‐pay an amount equal to the
CENVAT credit taken at the time of return of such goods.
(b) If the process amounts to manufacture: the manufacturer shall pay duty on goods at the rate applicable
on the date of removal and on the value determined under section 3(2) ,4 or section 4A of the Act, as
the case may be.
(5) Buyer of goods entitled to CENVAT credit : The amount paid under this sub‐rule shall be allowed as CENVAT
credit as if it was d duty paid by the manufacturer who removes the goods.
Removal of goods for job work etc. [Rule 16A]
Any inputs received in a factory may be removed as such after being partially processed to a job worker for
further processing, testing, repair, re‐conditioning or any other purpose subject to the fulfillment of
conditions specified in this behalf by the Commissioner of Central Excise having jurisdiction.
Special procedure for removal of semi‐finished goods for certain Purposes [Rule 16B]
Special procedure for removal of excisable goods for carrying out certain processes [Rule 16C]
The Commissioner of Central Excise may, by special order permit a manufacturer to remove excisable goods
manufactured in his factory, without payment of duty, for carrying out tests or any other process not
amounting to manufacture.
REMISSION OF DUTY
(1) Remission of duty [Rule 21] : Where it is shown to the satisfaction of the Commissioner,‐
(a) that goods have been lost or destroyed by natural causes, or
(b) that goods have been lost or destroyed by unavoidable accident or
(c) that the goods are unfit for consumption or for marketing, as claimed by the manufacturer,
at any time before removal, he may remit the duty payable on such goods, subject to such conditions as may
be imposed by him by an order in writing.
(2) Authority competent to remit the duty
Competent Authority Amount of duty empowered to remit
Monetary limit to
supervise destruction
Inspector
Superintendent
Deputy/ Assistant Commissioner
Additional/ Joint Commissioner
Commissioner
None
<= Rs 10,000
> Rs 10,000 but <= Rs 1,00,000
> Rs 1,00,000 but <= Rs 5,00,000
> Rs 5,00,000
Below Rs 5,000
Rs.1000 but upto Rs 20000
Exceeding Rs 20,000
‐
‐
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DUTY UNDER PROTEST
If the assessee does not a6gee to the classification or assessable value of goods determined by the excise
authorities, he can file an appeal and till the time the appeal is decided can pay the duty under protest if no
stay is obtained from Appellate Authorities.

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The assessee will inform the Superintendent/Inspector of Central Excise that he is paying duty under protest
in writing.
The assessee shall obtain a dated acknowledgment as a proof of payment of duty under protest.
If the case is decided against the assessee and a further period of appeal is available, then the assessee can
continue to pay duty under protest.
if the appeal is not decided in his favour and the appellate remedy is exhausted, the assessee will lose the
right to pay duty under protest. A letter of protest shall not constitute a claim of refund.
This right of payment of duty under protest is available only to a manufacturer.
The refund claim has to be made within 1 year from the date when the protest stands vacated on account of
disposal of appeal.
EXCISE AUDIT
Slab of annual total duty payment
(in Cash + CENVAT Credit)
Frequency of Audit Duration of Audit (from desk
review to preparation of Audit
results)
Above Rs 3 crores
Between Rs 1 crore and Rs 3 crores
Between Rs 50 lakhs and Rs 1 crore
Less than Rs 50 lakhs
Every year
Once every 2years
Once every 5 years
10% of the units every year
7 working days
7 working days
7 working days
5 working days
PROVISIONS WITH REGARD TO SAMPLES
(1) Categorization of samples : The samples can be categorized as under –
Trade samples sent to customers for trial;
Samples for test;
Samples for supply against sale contracts or for enforcements of control measures;
Samples for display at exhibitions, fairs and in showcases;
Samples for market enquiries by Central Excise Officers.
(2) Provisions regarding samples : The provisions in respect of samples to be followed are as under ‐
Samples will be removed under cover of invoice;
The value of samples will be determined under Rule 4 of Central excise Valuation Rules, 2002;
The duty on samples will be paid in accordance with provisions of Rule 8 Central Excise Rule, 2002 unless
samples are exempt from payment of duty.
Subsequently, if samples are returned, then CENVAT credit of the duty paid on such samples is allowed
and procedure specified in Rule 16 of Central Excise Rules, 2002 is followed.
(3) Procedure to be followed for testing/retesting of samples by department: The following procedure is to be
followed for testing and re‐testing of samples drawn by the department ‐
(a) The samples are to be drawn in quadruplicate in the presence of the owner and manager oJ the factory.
(b) The samples should be sealed with excise seals and a declaration obtained from the owners that the
samples are drawn from a representative lot.
(c) The four samples drawn are to be clearly marked as ‐
Original for Chemical examiner;
Duplicate for AC/DC;
Triplicate for Range Officer;
Quadruplicate to be given to the manufacturer for his own record.

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(d) The Chemical examiner after test should retum the remnant sample (if fit) for retest along with his test
report.
(e) If the assessee is dissatisfied with the test carried out by the chemical examiner, he can apply to, AC/DC
for retest within 90 days from the date on which the test result was communicated to him.
(f) The retest can be carried out on the remnant sample or duplicate or triplicate copy of sample. The retest
can be carried out in private laboratory at the request of the assessee, provided the assessee agrees to
meet the cost of the re‐test. In case of two different opinions with regard to classification, opinion in
favour of assessee will be
taken.
(4) Reimbursement of Cost of Samples