Administration of Central
Excise
|
Administration of Central
Excise is under CBE&C (Central Board of Excise and Customs). The
hierarchy is – Chief Commissioner, Commissioner, Additional Commissioner,
Joint Commissioner, Deputy Commissioner, Assistant Commissioner,
Superintendent and Inspector.
|
Registration
|
Every person who produces or
manufactures excisable goods, is required to get registered, unless exempted.
[Rule 9 of Central Excise Rules]. If there is any change in information
supplied in Form A-1, the same should be supplied in Form A-1.
|
Daily Stock Account
|
Manufacturer is required to
maintain Daily Stock Account (DSA) of goods manufactured, cleared and in
stock. [Rule 10 of Central Excise Rules]
|
Clearance of goods under
Invoice
|
Goods must be cleared under
Invoice of assessee. In case of cigarettes, invoice should be countersigned
by Excise officer. [Rule 11 of Central Excise Rules]
|
Payment of excise duty
|
Duty is payable on monthly
basis through GAR-7 challan / Cenvat credit by 5th/6th of following month,
except in March. SSI units have to pay duty on quarterly basis by
5th/6th of month following the quarter. Assessee paying duty through PLA more
than Rs 10 lakhs per annum is required to make e-payment only [Rule 8].
|
Returns of production,
clearances and payment of excise duty
|
Monthly return in form ER-1
should be filed by 10th of following month. SSI units have to file quarterly
return in form ER-3. [Rule 12 of Central Excise Rules] – - EOU/STP units to
file monthly return in form ER-2 – see rule 17(3) of CE Rules. Assesses
paying 1%/2% excise duty are required to file ER-8 quarterly return.E-return
is mandatory to all assesses.
|
Annual Financial Information
|
Assesses paying duty of Rs one
corer or more per annum through PLA are required to submit Annual Financial
Information Statement for each financial year by 30th November of succeeding
year in prescribed form ER-4 [rule 12(2) of Central Excise Rules].
|
Information about Principal
Inputs
|
Specified assesses are required
to submit Information relating to Principal Inputs every year before 30th
April in form ER-5, to Superintendent of Central Excise. [Rule 9A (1) to
Cenvat Credit Rules]. Any alteration in principal inputs is also required to
be submitted to Superintendent of Central Excise in form ER-5 within 15 days
[rule 9A (2) to Cenvat Credit Rules]. Only assesses manufacturing goods under
specified tariff heading are required to submit the return. The specified
tariff headings are – 22, 28 to 30, 32, 34, 38 to 40, 48, 72 to 74, 76, 84,
85, 87, 90 and 94; 54.02, 54.03, 55.01, 55.02, 55.03, 55.04. Even in case of
assesses manufacturing those products, only assesses paying duty of Rs one
corer or more (either through current account or Cenvat credit) are required
to submit the return.
|
Monthly return of receipt and
consumption of each of Principal Inputs
|
Assesses who is required to
submit ER-5 is also required to submit monthly return of receipt and
consumption of each of Principal Inputs in form ER-6 to Superintendent of
Central Excise by tenth of following month [rule 9A(3) to Cenvat Credit
Rules]. Only those assesses who are required to submit ER-5 return
are required to submit ER-6 return.
See chart below for various returns to be filed. |
Annual Installed Capacity
statement
|
Submit Annual Installed
Capacity Statement in form ER-7 every year before 30th April.
|
Submission of List of records
|
Every assesses is required to
submit a list in duplicate of records maintained in respect of transactions
of receipt, purchase, sales or delivery of goods including inputs and capital
goods, input services and financial records and statements including trial
balance [Rule 22(2)].
|
Changes in details of assessee
|
Inform change in boundary of
premises, address, name of authorized person, change in name of partners,
directors or Managing Director in form A-1. [Refer Instructions
given below form A-1]
|
Non-core procedures (to be
followed when required)
|
·
Export without payment of duty or under claim of rebate [Rules 18 and 19 of
Central Excise Rules]
·
Receipt of goods for repairs / reconditioning [Rule 16 of Central Excise
Rules]
·
Receipt of Goods at concessional rate of duty for manufacture of Excisable
Goods.
·
Provisional Assessment [Rule 7 of Central Excise Rules]
·
Warehousing of goods.
·
Adjudication, Appeals and settlement.
See chart after following chart
for summary of non-core procedures
|
Periodic
returns under Central Excise
Assesses
is required to file periodic returns.
Following
are the returns to be filed
Form of Return
|
Description
|
Who is required to file
|
Time limit
for filing return
|
ER-1[Rule 12(1) of Central
Excise Rules]
|
Monthly Return by large units
|
Manufacturers not eligible for
SSI concession
|
10th of
following month
|
ER-2[Rule 12(1) of Central
Excise Rules]
|
Return by EOU
|
EOU units
|
10th of
following month
|
ER-3[Proviso to Rule 12(1) of
Central Excise Rules]
|
Quarterly Return by SSI
|
Assesses eligible for SSI
concession (even if he does not avail the concession)
|
10th of
next month of the quarter
|
ER-4[rule 12(2) of Central
Excise Rules]
|
Annual Financial Information
Statement
|
Assesses paying duty of Rs one
corer or more per annum either through PLA or Cenvat or both together
(Till29-9-2008, the provision was applicable only when payment through PLA
alone was more than Rs one corer).
|
Annually
by 30th November of succeeding year
|
ER-5[Rules 9A(1) and 9A(2) of
Cenvat Credit Rules]
|
Information relating to
Principal Inputs
|
Assesses paying duty of Rs one
crore or more per annum (either through PLA or Cenvat or both together) and
manufacturing goods under specified tariff headings (Till29-9-2008, the
provision was applicable only when payment through PLA alone was more than Rs
one crore).
|
Annually,
by 30th April for the current year (e.g. return for 2005-06 is to be filed
by30-4-2005].
|
ER-6 [Rule 9A(3) of Cenvat
Credit Rules]
|
Monthly return of receipt and
consumption of each of Principal Inputs
|
Assessees required to submit
ER-5 return
|
10th of
following month
|
ER-7 [Rule 12(2A) of Central
Excise Rules]
|
Annual Installed Capacity
Statement
|
All assessees, except manufacturers
of biris and matches without aid of power and ,
reinforced cement concrete pipes
|
Annually,
by 30th April for the previous year (e.g. return for 2010-11 should be
submitted by30-4-2011
|
ER-8 [Sixth proviso to
Rule 12(1) of CE Rules]
|
Quarterly return
|
Assessees paying 1%/2% excise
duty and not manufacturing any other goods
|
Quarterly
within 10 days after close of quarter
|
Form as per Notification No.
73/2003-CE(NT) [Rule 9(8) of Cenvat Credit Rules]
|
Quarterly return of Cenvatable
Invoices issued
|
Registered dealers
|
By 15th
of following month
|
ST-3 [Rule 9(9) of Cenvat
Credit Rules and rule 7(2) of Service Tax Rules]
|
Half yearly return of taxable
services provided
|
Person liable to pay service
tax
|
Within
25 days from close of half year
|
ST-3 [Rule 9(10) of Cenvat
Credit Rules]
|
Half yearly return of Cenvat
credit distributed
|
Input Service Distributor
|
Within
one month from close of half year
|
Other
Procedures in Central Excise
Export Procedures
|
·
Exports are free from taxes and duties.
·
Goods can be exported without payment of excise duty under bond under rule 19
or under claim of rebate of duty under rule 18.
·
Container containing export goods should be sealed by excise officer.
Self-sealing is permissible.
·
Excisable Goods should be exported under cover of Invoice and ARE-1 form.
Export should be within 6 months from date of clearance from factory.
·
Merchant exporter has to execute a bond and issue CT-1 so that goods can be
cleared without payment of duty. Manufacturer has to issue Letter of
Undertaking.
·
Exports to Nepal/Bhutan are required to be made on payment of excise duty,
except when supply is against international bidding.
·
Rebate under rule 18 can be either of duty paid on final products or duty aid
on inputs but not both.
·
EOU has to issue CT-3 certificate for obtaining inputs without payment of
excise duty.
|
Bringing
good for repairs
|
·
Final products cleared on payment of duty can be brought back for repairs
etc., by following prescribed procedures.
·
Duty paid goods can be brought in factory for being re-made, refined, and
reconditioned or for any other reason under rule 16.
·
The goods need not have been manufactured by assesses himself.
·
Cenvat credit of duty paid on such goods can be taken, on basis of duty
paying documents of such goods.
·
After processing/repairs, if the process amounts to ‘manufacture’, excise
duty based on assessable value is payable.
·
If process does not amount to manufacture, an ‘amount’ equal to Cenvat credit
availed should be paid [rule 16(2)].
·
If some self manufactured components are used, duty will have to be paid on
such components.
·
Buyer/recipient of such goods can avail Cenvat credit of such amount/duty.
·
If the above procedure cannot be followed, permission of Commissioner is
required [rule 16(3)].
|
Bonds
|
·
Assesses is required to execute bond for various purposes like obtaining goods
without payment of duty, clearance of seized goods etc. B-1 bond is for
exporting without payment of duty, B-17 bond is for EOU.
|
Bringing
goods are concessional rate of duty
|
·
Goods can be obtained at concessional rate of duty concessional rate of duty
under Central Excise (Removal of Goods at Concessional Rate of Duty for
Manufacture of Excisable Goods) Rules, if prescribed conditions are satisfied
and procedure is followed.
|
This
Article is written by CMA Samir Biswal. He can be reached at cmasamirbiswal@gmail.com
- See more at:
http://www.studycafe.in/2013/07/procedures-in-central-excise-and.html#sthash.rxkgy8YI.dpuf
Procedures
in Central Excise and Returns to be filed
Administration
of Central Excise
|
Administration of Central Excise is under
CBE&C (Central Board of Excise and Customs). The hierarchy is – Chief
Commissioner, Commissioner, Additional Commissioner, Joint Commissioner,
Deputy Commissioner, Assistant Commissioner, Superintendent and Inspector.
|
Registration
|
Every person who produces or manufactures
excisable goods, is required to get registered, unless exempted. [Rule 9 of
Central Excise Rules]. If there is any change in information supplied in Form
A-1, the same should be supplied in Form A-1.
|
Daily
Stock Account
|
Manufacturer is required to maintain Daily Stock
Account (DSA) of goods manufactured, cleared and in stock. [Rule 10 of
Central Excise Rules]
|
Clearance
of goods under Invoice
|
Goods must be cleared under Invoice of assessee.
In case of cigarettes, invoice should be countersigned by Excise officer.
[Rule 11 of Central Excise Rules]
|
Payment
of excise duty
|
Duty is payable on monthly basis through GAR-7
challan / Cenvat credit by 5th/6th of following month, except in March.
SSI units have to pay duty on quarterly basis by 5th/6th of month
following the quarter. Assessee paying duty through PLA more than Rs 10 lakhs
per annum is required to make e-payment only [Rule 8].
|
Returns
of production, clearances and payment of excise duty
|
Monthly return in form ER-1 should be filed by
10th of following month. SSI units have to file quarterly return in form
ER-3. [Rule 12 of Central Excise Rules] – - EOU/STP units to file monthly
return in form ER-2 – see rule 17(3) of CE Rules . Assessees paying
1%/2% excise duty are required to file ER-8 quarterly return.E-return is
mandatory to all assessees.
|
Annual
Financial Information
|
Assessees paying duty of Rs one crore or more per
annum through PLA are required to submit Annual Financial Information
Statement for each financial year by 30th November of succeeding year in
prescribed form ER-4 [rule 12(2) of Central Excise Rules].
|
Information
about Principal Inputs
|
Specified assessees are required to submit
Information relating to Principal Inputs every year before 30th April in form
ER-5, to Superintendent of Central Excise. [rule 9A(1) to Cenvat Credit
Rules]. Any alteration in principal inputs is also required to be submitted
to Superintendent of Central Excise in form ER-5 within 15 days [rule 9A(2)
to Cenvat Credit Rules]. Only assessees manufacturing goods under specified
tariff heading are required to submit the return. The specified tariff
headings are – 22, 28 to 30, 32, 34, 38 to 40, 48, 72 to 74, 76, 84, 85, 87,
90 and 94; 54.02, 54.03, 55.01, 55.02, 55.03, 55.04. Even in case of
assessees manufacturing those products, only assessees paying duty of Rs one
crore or more (either through current account or Cenvat credit) are required
to submit the return.
|
Monthly
return of receipt and consumption of each of Principal Inputs
|
Assessee who is required to submit ER-5 is also
required to submit monthly return of receipt and consumption of each of
Principal Inputs in form ER-6 to Superintendent of Central Excise by tenth of
following month [rule 9A(3) to Cenvat Credit Rules]. Only those assessees
who are required to submit ER-5 return are required to submit ER-6 return.
See chart below for various returns to be filed. |
Annual
Installed Capacity statement
|
Submit Annual Installed Capacity Statement in form
ER-7 every year before 30th April.
|
Submission
of List of records
|
Every assessee is required to submit a list in
duplicate of records maintained in respect of transactions of receipt,
purchase, sales or delivery of goods including inputs and capital goods,
input services and financial records and statements including trial balance
[Rule 22(2)].
|
Changes
in details of assessee
|
Inform change in boundary of premises, address, name
of authorised person, change in name of partners, directors or Managing
Director in form A-1. [Refer Instructions given below form A-1]
|
Non-core
procedures (to be followed when required)
|
See chart after following chart for summary of
non-core procedures
|
Periodic returns under Central Excise
Assessee is required to file periodic returns.
Following are the returns to be filed
Form
of Return
|
Description
|
Who
is required to file
|
Time
limit for filing return
|
ER-1[Rule 12(1) of Central Excise Rules]
|
Monthly Return by large units
|
Manufacturers not eligible for SSI concession
|
10th of following month
|
ER-2[Rule 12(1) of Central Excise Rules]
|
Return by EOU
|
EOU units
|
10th of following month
|
ER-3[Proviso to Rule 12(1) of Central Excise
Rules]
|
Quarterly Return by SSI
|
Assessees eligible for SSI concession (even if he
does not avail the concession)
|
10th of next month of the quarter
|
ER-4[rule 12(2) of Central Excise Rules]
|
Annual Financial Information Statement
|
Assessees paying duty of Rs one crore or more per
annum either through PLA or Cenvat or both together (Till29-9-2008, the
provision was applicable only when payment through PLA alone was more than Rs
one crore).
|
Annually by 30th November of succeeding year
|
ER-5[Rules 9A(1) and 9A(2) of Cenvat Credit Rules]
|
Information relating to Principal Inputs
|
Assessees paying duty of Rs one crore or more per
annum (either through PLA or Cenvat or both together) and manufacturing goods
under specified tariff headings (Till29-9-2008, the provision was applicable
only when payment through PLA alone was more than Rs one crore).
|
Annually, by 30th April for the current year (e.g.
return for 2005-06 is to be filed by30-4-2005].
|
ER-6 [Rule 9A(3) of Cenvat Credit Rules]
|
Monthly return of receipt and consumption of each
of Principal Inputs
|
Assessees required to submit ER-5 return
|
10th of following month
|
ER-7 [Rule 12(2A) of Central Excise Rules]
|
Annual Installed Capacity Statement
|
All assessees, except manufacturers of biris
and matches without aid of power and , reinforced cement concrete pipes
|
Annually, by 30th April for the previous year
(e.g. return for 2010-11 should be submitted by30-4-2011
|
ER-8 [Sixth proviso to Rule 12(1) of CE
Rules]
|
Quarterly return
|
Assessees paying 1%/2% excise duty and not
manufacturing any other goods
|
Quarterly within 10 days after close of quarter
|
Form as per Notification No. 73/2003-CE(NT) [Rule
9(8) of Cenvat Credit Rules]
|
Quarterly return of Cenvatable Invoices issued
|
Registered dealers
|
By 15th of following month
|
ST-3 [Rule 9(9) of Cenvat Credit Rules and rule
7(2) of Service Tax Rules]
|
Half yearly return of taxable services provided
|
Person liable to pay service tax
|
Within 25 days from close of half year
|
ST-3 [Rule 9(10) of Cenvat Credit Rules]
|
Half yearly return of Cenvat credit distributed
|
Input Service Distributor
|
Within one month from close of half year
|
Other Procedures in Central Excise
Export
Procedures
|
|
Bringing
good for repairs
|
|
Bonds
|
|
Bringing
goods are concessional rate of duty
|
|
|
||
A small scale industry (SSI) is an industrial
undertaking in which the investment in fixed assets in plant & machinery,
whether held on ownership term or on lease or hire purchase, does not exceed Rs. 1Crore. However, this investment limit is varied by
the Government from time to time.
Entrepreneurs in small scale sector are
normally not required to obtain a licence either from the Central Government
or the State Government for setting up units in any part of the country.
Registration of a small scale unit is also not compulsory. But, its
registration with the State Directorate or Commissioner of Industries or DIC's
makes the unit eligible for availing different types of Government assistance
like financial assistance from the Department of Industries, medium and long
term loans from State Financial Corporations and other commercial banks,
machinery on hire-purchase basis from the National Small Industries
Corporation, etc. Registration is also an essential requirement for getting
benefits of special schemes for promotion of SSI viz. Credit guarantee
Scheme, Capital subsidy, Reduced custom duty on selected items, ISO-9000
Certification reimbursement & several other benefits provided by the
State Government.The Ministry of Micro, Small and Medium Enterprises acts as the nodal agency for growth and development of SSIs in the country. The ministry formulates and implements policies and programmes in order to promote small scale industries and enhance their competitiveness. It is assisted by various public sector enterprises like:-
Given their importance, the Government policy framework right from the First plan has highlighted the need for the development of SSI sector keeping in view its strategic importance in the overall economic development of India. Accordingly, the policy support from the Government towards Small Scale Industries has tended to be conducive and favourable to the development of small entrepreneurial class. Government accords the highest preference to development of SSI by framing and implementing suitable policies and promotional schemes. The most important promotional policy of the Government for the SSI's is fiscal incentives in the form of tax concessions and exemptions of direct or indirect taxes leviable on production or profits. With effect from financial year 2005-06,SSIs can claim deductions in respect of profits and gains(under section 80IB of Income tax Act) at the following rates:-
|
Sources :-
http://www.studycafe.in/2013/07/procedures-in-central-excise-and.html
http://business.gov.in/outerwin.php?id=http://www.cbec.gov.in/excise/cx-manual/manual/chap7_part3.htm
Disclaimers :- The information provided is only for knowledge purpose which need to recheck and reconfirm with experts and Government Officials/Department to avoid any problem or violation of any law. Govt. Rules are changing time to time and need to confirm with expert or visit their official website for better information. Blogger is not responsible for any losses/damage and does not take any responsibilities in any case.
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