Page 182 - DCOM308_DCOM502_INDIRECT_TAX_LAWS
P. 182

Unit 11: Warehousing and Duty Drawback




          Excisable goods may be lodged in Customs bonded warehouse under certain conditions.  - (1)  Notes
          Subject to such terms, conditions and limitations as the Central Board of Excise and Customs
          may, from  time to time, make in  this  behalf,  excisable  goods  of  any  description  may  be
          warehoused in any Customs warehouse approved by the Commissioner for the purpose.
          (2)  All the  powers, provisions and penalties, contained in  or imposed  by these  rules, as  to
          warehousing, custody and delivery out of warehouse of excisable goods, and as to any deficiencies
          therein or allowance thereon, shall, where applicable, be observed, applied, enforced and put
          into execution with reference to such goods warehoused in Customs warehouses.
          Goods may be removed from one warehouse to another. (1) Subject to the limitation imposed by
          rule 139, any goods warehoused under these rules may at any time within the period during
          which such goods can be left, or are permitted to remain in a warehouse under rule 145, may be
          removed from one warehouse to another subject to the observance of the procedure hereinafter
          prescribed.
          (2) For the purpose of such procedure—

          (a) “consignor” shall be deemed to be —
          (i) if the goods are to be removed from a public warehouse, the owner of such goods;
          (ii) if the goods are to be removed from a private warehouse, the Registered person of such
          warehouse;
          (b) “consignee” shall be deemed to be—
          (i) if the goods are to be removed to a public warehouse, the owner of such goods;
          (ii) if the goods are to be removed  to a private warehouse, the Registered  person of  such
          warehouse.

          Certificate regarding consignee to be produced

          Along with his application for the removal of the goods, the consignor shall produce before the
          proper officer a certificate in the proper Form stating the particulars of  the Central  Excise
          licenses held by the consignee.

          A. Procedure in respect of goods removed from one warehouse to another

          (1) The application for removal of goods from one warehouse to another shall be presented by
          the consignor in triplicate, and in the proper Form, to the officer-in-charge of the warehouse of
          removal, at least 24 hours before the intended removal, together with such other information as
          the Commissioner may by general or special order require.

          (2) Such officer shall then take account of the goods, and after completing the removal certificate
          on  all the  copies of the application, shall send the duplicate to the officer-in-charge of the
          warehouse of  destination, and hand over the triplicate to the consignor for despatch to the
          consignee. He shall also deliver to the consignor a transport permit in the proper Form.
          (3) On arrival of the goods at the warehouse of destination, the consignee shall present them
          together with the triplicate application and the transport permit to the officer-in-charge of such
          warehouse, who shall, after taking account of the goods, complete the rewarehousing certificate
          on the duplicate and the triplicate application, return the duplicate to the officer-in-charge of the
          warehouse of removal, and triplicate to the consignee for despatch to the consignor.








                                           LOVELY PROFESSIONAL UNIVERSITY                                   177
   177   178   179   180   181   182   183   184   185   186   187