Page 35 - DCOM308_DCOM502_INDIRECT_TAX_LAWS
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Indirect Tax Laws




                    Notes          (ii)  EOUs within the Municipal Limits of port-cities/town are  Administratively under the
                                       officers of Customs who have been designated as Officers of Central Excise for purpose of
                                       legal requirements under Central Excise provisions. Accordingly, the EOUs in port-cities/
                                       towns shall file their Application Form for Central Excise Registration with the concerned
                                       Deputy/Assistant Commissioner of Customs.  It is the responsibility  of the  Deputy/
                                       Assistant Commissioners to have the data entered into SACER and to issue the Registration
                                       Certificate by following the procedure described supra.
                                   (iii)  EOUs located in other than port towns/cities are administratively under the Central
                                       Excise Cornmissionerates.  Hence, it  shall be  the  responsibility  of  the  jurisdictional
                                       Divisional Officer to grant the Registration to such units. For this purpose the same process
                                       would be followed, as indicated.

                                   Verification
                                   (i)  There shall be a post-registration verification of the premises for which Registration is
                                       sought, by the Range Officer within 5 working days of the receipt of Duplicate Copy of
                                       Application for Registration along with  a copy  of Registration  Certificate. The  Range
                                       Officer along with the Sector Officer shall verify the declared address and premises. If
                                       found in  order, he will certify  the correctness thereof on  the Duplicate  copy of  the
                                       Application for Registration and append his dated signature thereon. A Copy thereof will
                                       be sent to the Divisional Office for Record. The name of the officer doing the verification
                                       and the date of verification shall also be entered into the system.

                                   (ii)  If any deviations or variations are noticed during the Verification, the same should be got
                                       corrected. Any major discrepancy, such as fake address, non-existence of any Factory etc.
                                       shall be reported in writing to the Divisional Officer within 3 working days and action
                                       shall be  initiated by the Divisional  Officer to revoke the  Registration after providing
                                       reasonable opportunity to the Registrant to explain his case.
                                   (iii)  EOUs are also granted a customs private bonded warehouse license. Accordingly, the
                                       concerned Officer must at the stage of grant of this license also carry out the verification
                                       required from the point of view of Central Excise Registration, if required, so as to avoid
                                       repeat visit to the unit. Hence, it is envisaged that in case of EOUs, there would be no
                                       necessity of post facto verification.
                                   (iv)  If the EOU is exempt from obtaining the Customs private Bonded warehouse license but
                                       requires Central Excise Registration then post verification may be done as envisaged in (i)
                                       above.
                                   Records

                                   (i)  Divisional Office or the Office of the Deputy/Assistant Commissioner of Customs, as the
                                       case may be, shall maintain a suitable record of the action taken on receipt of Application
                                       for Registration which is incomplete or not in order.
                                   (ii)  Divisional Office will maintain a record of Verification Reports received from the Range
                                       Office along with the Original copy of the Application Form. Office of Deputy/Assistant
                                       Commissioner of Customs will maintain similar record.
                                   (iii)  Range Office will maintain suitable record of Registration granted including details of the
                                       Application Form and the Registration Certificate.
                                   (iv)  Records at Divisional Office/Office of Deputy/Assistant Commissioner of Customs and
                                       Range Office shall specifically include details of verification of premises and name and
                                       designation of Officers who verified it with his remarks thereon.






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