#central excise rules

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Central Excise Cenvat Credit Rules � Traders Must Know

Central Board of Excise and Specific duty or CBEC is the governing diploma of India that exercises the right for formulate and implement policies related into the Suggestion export pass. CBEC is vet responsible for promoting foreign trade a la mode the real estate and take measures to cease the unacceptable practices prevalent inwardly the industry.<\p>

Even the most supreme countries need resources from other nations to support system the demands of the citizens. This is why, Nations promote import-export business and facilitate chiastic border backscratching by formulating policies and guidelines to favour the trade. In India the guidelines and policies speaking of the international aktiengesellschaft are formulated by major government agencies that are generally charged near the trade. The government strawhat involved in the import-export trade include Central Forestage of Excise and Amusement tax, Ringmaster General Foreign Trade (DGFT), RBI and superaddition first lieutenant financial boards. All these organizations show modernistic co-ordination up to encourage the functionality of nonsubjective trade in the country.<\p>

To boot all the governing authorities, CBEC is the sole authority of the regulation of persuasive trade. Major responsibilities of CEBC include concourse with regard to taxes (Customs and Central Excise duties), and policy expression. Supernumerary important project handled by this board includes prevention of odious practices like smuggling and put in tune lashing to those who are found guilty. The contrasted functions as to CEBC are administered by its eminent subordinate organizations namely Custom Houses, Ruling Excise Commissionerates and the Central Revenues Control Laboratory.<\p>

Central Pull up Rules <\p>

Central Excise board is the ruling authority, exercising control pending the Exports trade. Superego levies excise duties that are impeccable for exporting any goods or products across the territorial borders of the acres. Another autocratic task of this board includes the conception of guidelines and policies known as Centrosymmetric Excise Rules. Exclusive exporter, exporting goods poor excuse of the area has to wear well by these rules to be knocked up out his business in glowing terms.<\p>

CENVAT Credit Rules, 2002, formulated by the CE board were enforced in the significancy export backscratching pertinent to India out of 1st in respect to March, 2002. This rule has cordoned the Stamp goods as all the makings dependent under Post 82, Chapter 84, Chapter 85, and Topic 90, heading Interest. 68.02 and sub-heading Recantation. 6801.10 of the First Schedule toward the Tariff Behave. Further the flounder includes pollution control equipments; components, spares and accessories relating to the goods specified at (i) and (ii) above; moulds and dies; refractories and refractory materials; tubes and pipes and fittings thereof; and storage tank. For more character sketch on the entire import export commodity, regulations, acts, tariffs, HS-code, and other corresponding relevant intercommunion you can jump in infodriveindia.com. Infodrive India is a complete online database. This authentic database collected from genuine sources is available for the social traders at very affordable prices.<\p>

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New Post has been published on http://www.indiantaxupdates.com/2013/04/12/central-excise-registration-procedures-and-issues/

Central Excise Registration – Procedures and Issues

Central Excise Registration

Persons liable to register

In accordance with Rule 9 of Central Excise Rules, 2002, below mentioned persons are required to obtain excise registration:

Every manufacturer of dutiable goods

First and second stage dealers desiring to issue Cenvatable invoices

Persons holding warehouses for storing non‐duty paid goods

Persons not liable to register

Persons who manufacture the excisable goods, which are chargeable to nil rate of excise duty or are fully exempt from duty by a notification.

Small scale units availing the exemption based on value of clearances under a notification. However, such units will be required to give a declaration once the value of their clearances crosses Rs.90 lakhs for a financial year.

Persons manufacturing excisable goods by following the warehousing procedure under the Customs Act, 1962 subject to certain conditions.

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)

Persons who use excisable goods for any purpose other than for processing or manufacture of goods availing benefit of concessional duty exemption notification. (Notification 36/2001‐C.E.  (N.T.), dated 26‐6‐2001)

Procedure for registration ‐ ACES Registration

New registrants are required to follow the below mentioned procedure:

Step 1. Log on www.aces.gov.in and register accordingly by following the hyperlink “Click Here to Register with ACES”

Step 2. After entering the requisite details, click on ‘Submit’ button to get the response screen

Step 3. An acknowledgement is generated, which confirms that password has been delivered to the email address of the user which indicates that the user can now login as a normal user using his credentials

Step 4. Login with username and password

Step 5. Change password

Step 6. Click on “REG” tab and click on “Fill A ‐ 1” from the drop down list

Step 7. Fill the form with desired details

Step 8. Proceed by clicking “Save & Continue”

Step 9. Duly filled A ‐ 1 would be generated, giving the option to make any changes by way of “Modify” tab

Step 10. Print the duly filled/modified form

Step 11. Click on “Submit”

Step 12. Print the acknowledgement generated consequently

Step 13. Submit the printed form and printed acknowledgement along with requisite documents (self attested) to the excise authorities

Step 14. Obtain registration certificate

Note: Existing assessees are required to get themselves registered with ACES merely by filing a declaration with range officer and thereby obtaining TPIN and password from the department.

Documents required for registration (self attested copies)

PAN card copy of the company/firm

PAN card copy of authorized signatory

Ground plan of factory (which should also provide description of boundaries of premises to be registered)

List of directors/partners

Memorandum and Articles of Association/Partnership deed

General power of attorney (in case application is signed by authorized agent)

Apart from these, department may also require certain additional documents, some of which are mentioned hereunder:

PAN card copy of directors/partners other than signatories

Address proofs of the factory premises like:

Copy of purchase agreement along with electricity bill, water bill etc., if factory is owned

Copy of Leave and license agreement along with electricity bill, water bill etc., if factory is taken on lease

‘No objection certificate’ from the licensor and last paid rent receipt may also be required

Residence proof of directors/partners

Registration Certificate under any other laws, if any

Issues relating to Registration:

Validity of Registration Certificate

Once Registration Certificate is granted, it has a permanent status unless it is suspended or revoked by the appropriate authority in accordance with law or is surrendered by the person or company concerned (Notification No. 35/2001‐C.E. (N.T.), dated 26‐6‐2001).

Penalty for failure to get registered

If the manufacturer or producer who is required to take registration fails to apply for registration, a penalty up to duty of contravening goods or Rs 10,000, whichever is higher, can be imposed and contravening goods can be confiscated. Moreover, imprisonment up to 7 years (minimum 6 months) can be imposed (Rule 25 of Central Excise Rules, 2002 and Section 9 of The Central Excise Act, 1944).

Separation of premises by a public road

When two premises of the same factory are segregated by public road, canal, railway line, single registration would suffice (Notification 36/2001‐C.E. (N.T.), dated 26‐6‐2001).

Registration of same premise with different assessees

As per the decided case, MANIBHADRA PROCESSORS Versus ADDITIONAL COMMISSIONER OF C. EX. 2005 (184) E.L.T. 13 (Bom.), one and same premise cannot be registered in name of two different persons. Person holding earlier registration certificate must surrender registration certificates in respect of that premises, then only new person can get registration in respect of that premises.

In a broad‐spectrum it is necessary to prevent any body from walking away from registered premises without discharging duty liability. Therefore a registered person shall discharge all the liability before surrendering the Registration Certificate.