Page 76 - DCOM308_DCOM502_INDIRECT_TAX_LAWS
P. 76

Unit 5: Clearances of Excisable Goods




                                                                                                Notes


             Notes  If goods produced under free trade zones or 100% export oriented units or special
             economic zone.  The assessee has right to removal after paying its appropriate duty.  In
             some cases govt. can give right to export without payment of duty.

          5. Removal of input and capital goods under CENVAT

          The manufacturer credit the duty if he get the input from his supplier. Duty is paid by supplier.

          Input as raw material ’! “! ’! Output as finished goods

          6. Removal of goods for export

          There are many rules for clearance or removal for export of goods.  It deals chapter IX of Central
          Excise Rules.
          Method of removal

          1st way
          Without seal of central excise department :-
          There is limited chance of export without duty but commission has the power to allow without
          examination or seal.
          2nd way
          With seal of central excise department.
          Officer of central excise department is verified that duty is paid on such goods after this he will
          seal them.

          Excise Clearance for Export

          As a part of further simplifications and rationalisation of Excise Rules announced by the Finance
          Minister, a set of Central Excise Rules, 2002 has come into effect from 1-3-2002. Under these new
          rules, central excise provisions for exports (except exports to  Nepal and  Bhutan) have  been
          prescribed in Rules 18 and 19.

          Procedure for Export to all countries (except Nepal and Bhutan) under Payment of
          Duty

          The procedure for export of excisablegoods except Nepal and Bhutan on payment of duty under

          claim for rebate is governed by the provisions of Rule 18 of the Central Excise (No.2) Rules, 2001.
          The conditions, limitations and safeguards are separately contained  in Notification No.  40/
                            th
          2001-CE(NT) dated 26  June, 2001.
          5.2 Conditions and Limitations


          There are some conditions and limitations:
          (i) that the excisable goods shall be exported after payment of duty, directly from a factory or
          warehouse;
          (ii) the excisable goods shall be exported within six months from the date on which they were,
          cleared for export, from the factory of manufacture or warehouse;



                                           LOVELY PROFESSIONAL UNIVERSITY                                   71
   71   72   73   74   75   76   77   78   79   80   81