Page 89 - DCOM308_DCOM502_INDIRECT_TAX_LAWS

Indirect Tax Laws

Notes 5.10 Summary

 Where the exporter desires self-sealing and self-certification for removal of goods from
the factory or warehouse, the exporter or a person duly authorised by such exporter.

 The said Superintendent or Inspector of Central Excise shall, after verifying the particulars
of the duty paid or duty payable and endorsing the correctness or otherwise, of these
particulars.
 For rule 196A, the following rule shall be substituted. Under surplus excisable goods if
any excisable goods obtained under rule 192 become surplus to the needs of the applicant
for any reason, the applicant may, after informing the proper officer in writing at least 24
hours in advance.
 When the assessee so arranges that the excisable goods are not sold by an assessee except
to or through a person who is related in the manner specified in either of sub-clauses.
 The Assistant Commissioner of Central Excise or the Deputy Commissioner of Central
Excise having jurisdiction over the factory of manufacture or warehouse.

5.11 Keywords

CETA: CETA and Customs Act both have sections and chapters. Remember you have read above
that the scheme of class is common for both CETA and Customs Act.

RULE 3. The value of any excisable goods shall, for the purposes of clause (b) of sub-section (1)
of section 4 of the Act, be determined in accordance with these rules.
RULE 4. The value of the excisable goods shall be based on the value of such goods sold by the
assessee for delivery at any other time nearest to the time of the removal of goods under
assessment.

RULE 5. Where any excisable goods are sold in the circumstances specified in clause (a) of sub-
section (1) of section 4 of the Act except the circumstances in which the excisable goods are sold
for delivery at a place other than the place of removal
Value based on Retail Sale Price: Section 4A of CEA (inserted w.e.f. 14.5.1997) empowers Central
Government to specify goods on which duty will be payable based on ‘retail sale price’

5.12 Review Questions

1. What are the rules for clearance or removal excise of goods under central Excise Law?
2. Describe about Self Removal Procedure.
3. What do you know about sealing of goods?
4. Describe about examination of goods at the time of export.

5. What is the procedure for removal without payment of Duty?
6. Explain about remission of duty on goods used for special industrial purposes.
7. Discuss about determination of Value.

84 LOVELY PROFESSIONAL UNIVERSITY