THE CENTRAL EXCISE RULES, 1944

 

The Central Excise Rules, 1944 was notified under Notification No. IV D--C.E., dated: 28/02/1944 and published in the Gazette of India extraordinary, 1944, p.422.

 

CHAPTER I Preliminary

Rule 1

Short title and extent

Rule 2

Definitions

Rule 3

Agent of owner of goods, factory or warehouse to be deemed owner for certain purposes

CHAPTER II Appointment and powers of officers

Rule 4

Appointment of Officers

Rule 5

Delegation of powers by the Commissioner

Rule 6

Commissioner or Joint Commissioner to exercise the power of any Officer

CHAPTER III Levy and refund of, and exemption from duty

Rule 7

Recovery of duty

Rule 7A

Recovery of duty on molasses produced by a khandsari sugar factory

Rule 7AA

Recovery of duty on articles of apparel manufactured on job work

Rule 8

Omitted by NOTIFICATION NO. 19/88--CE., DATED: 1/7/88(w.e.f 1.7.88 ).

Rule 9

Time and manner of payment of duty

Rule 9A

Date for determination of duty and tariff valuation

Rule 9B

Provisional assessment to duty

Rule 9C

Rules to apply to procurer

Rule 9D

Application of rules in relation to articles of apparel and clothing accessories, not knitted or crocheted

Rule 10

Omitted

Rule 11

Omitted

Rule 12

Rebate of duty

Rule 13

Export in bond of goods on which duty has not been paid

Rule 14

Exporter may enter into a general bond

Rule 14A

Omitted

Rule 14B

Penalty for removing excisable goods, the duty leviable on which exceeds the bond amount

CHAPTER IV Unmanufactured Products

Rule 15 to 42 Omitted

CHAPTER V Manufactured goods, other than salt

A

General

Rule 43

Notice of manufacture to be given

Rule 44

Commissioner may require manufacturer to make prior declaration of factory premises and equipment

Rule 45

Alteration or movement of factory equipment

Rule 46

Marking of premises and equipment

Rule 47

Goods may be stored without payment of duty

Rule 48

Omitted

Rule 49

Payment of duty on fortnightly-basis on removal of goods from the factory premises or from an approved place of removal

Rule 49A

Collection of duty leviable on cellulosic spun yarn and cotton yarn along with the duty on cotton fabrics

Rule 50

Omitted

Rule 51

Packing and weighment of goods

Rule 51A

Removal of goods after payment of duty

Rule 52

Clearance on payment of duty

Rule 52A

Goods to be delivered on an invoice

Rule 52AA

Procedure for issuing invoices under rule 57AE

Rule 52B

Omitted

Rule 53

Daily Stock Account

Rule 53A

Omitted

Rule 54

Monthly returns

Rule 55

Omitted

Rule 56

Taking of samples for excise purposes

Rule 56A

Omitted

Rule 56AA

Omitted

Rule 56B

Special procedure for removal of finished excisable goods or semi-finished goods for certain purposes

Rule 56C

Omitted

Rule 57

Omitted

Rule 57A Applicability.
Rule 57B Credit of duty in respect of inputs obtained from small-scale manufacturers.
Rule 57C Credit to duty not to be allowed if final products are exempt.
Rule 57CC Adjustment of credit on inputs used in exempted final products or maintenance of separate inventory and accounts of inputs by the manufacturer.
Rule 57D Credit of duty not to be denied or varied in certain circumstances.
Rule 57E Adjustment in duty credit.
Rule 57F Manner of utilisation of the inputs and the credit allowed in respect of duty paid thereon.
Rule 57G Procedure to be observed by the manufacturer.
Rule 57GG Procedure to be followed by persons issuing invoices under rule 57G or rule 57T.
Rule 57H Transitional provisions.
Rule 57I Recovery of credit wrongly availed of or utilised in an irregular manner.
Rule 57J Credit of duty in respect of inputs used in an intermediate product.
Rule 57K Applicability and extent of credit.
Rule 57L Credit not to be allowed if final products are exempt.
Rule 57M Credit not to be denied or varied in certain circumstances.
Rule 57N Manner of utilisation of the credit.
Rule 57O Procedure to be observed by the manufacturer.
Rule 57P Disallowance of credit
AAAA. CREDIT OF DUTY PAID ON CAPITAL GOODS USED BY THE MANUFACTURER OF SPECIFIED GOODS
Rule 57Q Applicability.
Rule 57R Credit of duty not to be allowed or denied or varied in certain circunstances and adjustment in duty credit.
Rule 57S Manner of utilisation of the capital goods and the credit allowed in respect of duty paid thereon.
Rule 57T Procedure to be observed by the manufacturer.
Rule 57U Recovery of credit wrongly availed of or utilised in an irregular manner.
Rule 57V Special dispensation in respect of inputs manufactured in factories located in specified areas of North-East Region.

AA Credit of duty paid on excisable goods used as input or capital goods

Rule 57AA

Definitions

Rule 57AB

CENVAT credit

Rule 57AC

Conditions for allowing CENVAT credit

Rule 57AD

Obligation of manufacturer of dutiable and exempted goods

Rule 57AE

Documents and accounts

Rule 57AF

Transfer of credit

Rule 57AG

Transitional provision

Rule 57AH

Recovery of credit wrongly taken

Rule 57AI

Omitted

Rule 57AJ

Special dispensation in respect of inputs manufactured in factories located in specified areas of North East region

Rule 57AK

Power of Central Government to notify goods for deemed credit

B

Matches

(Composition for match heads)

Rule 58 - 61

Omitted

Disposal of finished matches

Rule 62

Finished matches to be kept in a secure place

Rule 63

Number of matches which may be packed in boxes

Rule 64

Each box or booklet to bear a Central Excise Stamp

Rule 65

Procurement of Central Excise Stamps

Rule 66

Central Excise Stamps to be kept in a secure place and periodically inspected

Rule 67

Manufacturer to keep account of Central Excise Stamps purchased and used

Rule 68

Manner of affixing Central Excise Stamps

Rule 69

Affixing of Central Excise Stamps to matches redeemed after confiscation

Rule 70

Matches to be packed, affixed with Central Excise Stamps and transferred to store-room immediately after finishing

Rule 71

Method of packing

Rule 72

Examination by proper officer at the factory

Rule 73

Test-check of contents of boxes and booklets

Rule 74

Disposal of matches examined under rule 72 or 73 and of Central Excise Stamps damaged during examination

Rule 75

Deposit of matches in store-room

Rule 76

Matches intended for export may also be deposited in the storeroom

Rule 77

Omitted

Rule 78

Manner of storage in the store-room

Removal of matches from the store-room

Rule 79

Removal of defective matches for reconditioning

Rule 80

Omitted

Rule 81

Omitted

Rule 82

Removal of matches bearing Central Excise Stamps purchased on credit

Rule 82A

Storage of duty paid matches near the factory premises

C

SUGAR

Rule 83 - 92

Omitted

C-I Khandsari Sugar

Rule 92A - 92F

Omitted

D

Manufactured Tobacco

Rule 93

Manufacture and disposal of excisable tobacco products

Rule 94

Daily account of tobacco products manufactured

Rule 95

Omitted

Rule 95A

Special procedure for removal in bond of biris to other premises

E

Tyres

Rule 96

Abatement of duty on defective tyres

E-I (a)

— Cotton Fabrics, Jute manufactures and Man-made fabrics

Rule 96A-96D

Omitted

Rule 96DD

Procedure for removal of cotton fabrics or man-made fabrics from one factory to another without

payment of duty for embroidery

E-l (b)

— Cotton yarn, jute twist, yarn, thread, ropes and twine and yarn

(other than cotton yarn or jute yarn)

Rule 96E

Procedure for removal of cotton yarn or jute twist, yarn, thread, ropes and twine from one factory to another without payment of duty

Rule 96EE

Procedure for removal of yarn (other than cotton yarn or jute yarn) from one factory to another without payment of duty

E-II

— Tea

Rule 96F

Fixation of areas for the purposes of excise duty

Rule 96G

Omitted

Rule 96H

Omitted

E-III - Cotton fabrics produced on powerlooms- Special Procedure

Rule 96I to 96MMMMM

Omitted

E-IV - Vegetable Product

Rule 96N

Omitted

E-V - Vegetables

Rule 96O to 96ZZZZ

Omitted

VI

Stainless Steel Pattis or Pattas, or Aluminum Circles

Rule 96ZA

Application to avail of special procedure

Rule 96ZB

Discharge of liability for duty on payment of certain sum

Rule 96ZC

Manufacturer's declaration and accounts

Rule 96ZD

Exemption from certain provisions, no rebate of excise duty on export

Rule 96ZE

Omitted

Rule 96ZF

Provisions regarding new factories and closed factories resuming production

Rule 96ZG

Power to condone failure to apply for special procedure

Rule 96ZGG

Provision regarding factories ceasing to work or reverting to the normal procedure

E-IX

- Embroidery in the piece, in strips or in motifs - Special Procedure

Rule 96ZH

Application to avail of special procedure

Rule 96ZI

Discharge of liability for duty on payment of certain sum

Rule 96ZJ

Manufacturer's declaration and accounts

Rule 96ZK

Exemption from certain provisions; no rebate of excise duty on export

Rule 96ZL

Omitted

Rule 96ZM

Power to condone failure to apply for special procedure

E-X — Patent or proprietary medicines

Rule 96ZN

Marking on labels

Rule 96ZNA

Application to avail of special procedure

Rule 96ZNB

Conditions for availing of special procedure

Rule 96ZNC

Discharge of liability for duty on payment of certain sum, etc.

Rule 96ZND

Procedure for claiming abatement

E-XI Non-alloy steel ingots and billets/hot re-rolled products

Rule 96ZO

Omitted

Rule 96ZP

Omitted

E-XIA - Processed Textile Fabrics

Rule 96ZQ

Omitted

Rule 96ZR - 96ZUU

Omitted

E- XII - Cement

Rule 96ZV

Damaged cement may be returned for reprocessing or for further manufacture to the original factory of production or to any other cement factory

E - XIII - Marble Slabs

Rule 96ZW - 96ZZZZ

Omitted

F

Refunds

Rule 97

Refund of duty on goods returned to factory

Rule 97A

Goods cleared for export may be allowed to be returned to factory

Rule 97B

Excisable goods exported may be allowed to be returned to the factory

Rule 98

Goods not affixed with Central Excise Stamps and unlabelled goods removed for export may be returned

to the factory

Rule 99

Refund of purchase price of unused or damaged Central Excise Stamps

Rule 100

Refund of duty on sugar received for refining

CHAPTER V- A Removal from a free trade zone or from a hundred per cent export-oriented undertaking of excisable goods for home consumption
 

Rule 100A

Application

Rule 100B

Daily Stock Account

Rule 100C

Maintenance of account-current

Rule 100D

Removal of goods on payment of duty

Rule 100E

Issue of Invoice

Rule 100F

Monthly Return

Rule 100G

Restriction on removal of goods

Rule 100H

Exemption from certain provisions

CHAPTER VI Salt

Rule 101 - 138

Omitted

CHAPTER VII Warehousing

General

Rule 139

Warehousing provisions to apply only to goods specially notified in the Official Gazette

Rule 140

Appointment and registration of warehouses

Rule 141

Receipt of goods at warehouse

Rule 142

Omitted

Rule 143

Owner's power to deal with warehoused goods

Rule 143A

Special provisions with respect to goods processed and manufactured in refineries

Rule 144

Goods not to be taken out of warehouse except as provided by these rules

Rule 145

Period for which goods may remain warehoused

Rule 145A

Goods in private warehouse to be cleared on cancellation of registration certificate

Rule 146

Mode of calculating quantity of goods warehoused

Rule 147

Power to remit duty on warehoused goods lost or destroyed

Rule 148

Responsibility of warehouse-keeper

Rule 149

Destruction of unusable material, waste and other refuse

Rule 150

Excisable goods may be lodged in Customs bonded warehouse under certain conditions

Rule 151

Omitted

Removal of goods from one warehouse to another

Rule 152

Goods may be removed from one warehouse to another

Rule 153 to 155 Omitted

Rule 156

Certificate regarding consignee to be produced

Rule 156A

Procedure in respect of goods removed from one warehouse to another

Rule 156B

Failure to present triplicate application

Removal of goods from a warehouse

Rule 157

Clearance of goods for home consumption

Rule 158

Form of application for clearance of goods

Rule 159

Re-assessment

Rule 160

If goods are improperly removed from warehouse or allowed to remain beyond time fixed, or lost, or destroyed, Commissioner may demand duty, etc

Rule 161

Procedure on failure to pay duty, etc

Rule 162

Noting removal of goods

Rule 162A

Omitted

Public Warehouses

Rule 163

Warrant to be given when goods are lodged in a public warehouse

Rule 164

Owner of goods to pay such dues when demanded

Rule 165

Access of owner to warehoused goods

Rule 166

Keeper of public warehouse solely responsible for safety of goods stored therein

Rule 167

Payment of rent and warehouse dues

Rule 168

Keeper of public warehouse to keep record of all entries into, operations in, and removals from his warehouse

Rule 169

Public warehouse to be locked

Rule 170

Expenses of carriage, packing, etc

, to be borne by owners

Private Warehouses

Rule 171

Wholesale dealer in excisable goods may receive such goods into a private warehouse without payment of duty

Rule 172

Private warehouses to contain only goods belonging to warehouse owner or held by him as a broker or a commission agent and only goods on which duty has not been paid

Rule 173

Registered person of private warehouse to keep record of all entries into, operations in, and removals from his warehouse

CHAPTER VII-A Removal of excisable goods on determination of duty by producers, manufacturers or private warehouse licensees

Rule 173A

Application

Rule 173B

Assessee to file declaration of goods produced or manufactured in the factory

Rule 173C

Procedure regarding valuation of goods assessable ad valorem

Rule 173CC

Omitted

Rule 173D

Omitted

Rule 173E

Determination of normal production

Rule 173F

Assessee to determine the duty due on the goods and to remove them on payment thereof

Rule 173FF

Omitted

Rule 173G

Procedure to be followed by the assessee

Rule 173GG

Omitted

Rule 173H

Retention in, or bringing into, a factory or warehouse, of duty-paid goods

Rule 173I

Scrutiny by the proper officer

Rule 173J

Omitted

Rule 173K

Omitted

Rule 173L

Refund of duty on goods returned to factory

Rule 173M

Goods cleared for export to be returned to the factory

Rule 173MM

Procedure in respect of exported goods subsequently re-imported and returned to the factory

Rule 173N

Procedure in respect of warehoused goods

Rule 173O

Omitted

Rule 173P

Remission of duty on goods used for special industrial purposes

Rule 173PP

Omitted

Rule 173PPP

Omitted

Rule173Q

Confiscation and penalty

CHAPTER VII-B Refund

Rule 173S

Application for refund of duty

CHAPTER VIII Registration

Rule 174

Registration of certain persons

Rule 174A - 184

Omitted

CHAPTER IX Export under claim for rebate of duty or under bond

Rule 185

Proper numbering of packages meant for export

Rule 186

Omitted

Rule 187

Sealing of goods and examination at place of dispatch

Rule 187A

Dispatch of goods without examination

Rule 187B

Examination of goods at the place of export

Rule 188

Omitted

Rule 189

Presentation of claim for rebate

Rule 189A - 191

Omitted

CHAPTER X Remission of duty on goods used for special industrial purposes

Rule 192

Application for concession

Rule 193

Packing and transport of concessional goods

Rule 194

Storage and accounts

Rule 195

Disposal of refuse of excisable goods

Rule 196

Duty leviable on excisable goods not duly accounted for

Rule 196A

Surplus excisable goods

Rule 196AA

Transfer of excisable goods

Rule 196B

Disposal of defective or damaged excisable goods

Rule 196BB

Movement of excisable goods

CHAPTER XI Entry, search, seizure and investigation

Rule 197

Authorised Officers to have free access to premises, equipment, stocks and accounts of dealers in excisable goods

Rule 198

Penalty for obstruction or giving false or misleading information

Rule 199

Power to detain person and examine goods

Rule 200

Power to stop and search vessels, carts, etc

, and to seize goods which appear to be contraband

Rule 201

Power to enter and search

Rule 202

Power to require access to place, vessel or conveyance for inspection or examination of goods

Rule 203

Police to take charge of articles seized

Rule 204

Issue of summons

Rule 205

Omitted

Rule 206

Disposal of things seized

Rule 207

Charge by whom to be preferred

Rule 208

Customs Officers to exercise the same powers as Central Excise Officers

CHAPTER XII Penalties and confiscations

Rule 209

Confiscation and penalty

Rule 209A

Penalty for certain offences

Rule 210

General penalty

Rule 210A

Composition of offences

Rule 211

On confiscation, property to vest in Central Government

Rule 212

Disposal of goods confiscated

Rule 212A

Storage charges in respect of goods confiscated and redeemed

CHAPTER XII-A Appeals to Commissioner (Appeals)

Rule 213

Form of appeal to Commissioner (Appeals)

Rule 214

Form of application to the Commissioner (Appeals)

Rule 215

Production of additional evidence before Commissioner (Appeals)

CHAPTER XII-B Appeals to Appellate Tribunal

Rule 216

Form of appeal, etc

, to the Appellate Tribunal

Rule 217

Form of application to the Appellate Tribunal

Rule 218

Form of application to the High Court

CHAPTER XII-BB Revision by Central Government

Rule 218A

Form of revision application to the Central Government

Rule 218B

Procedure for filing revision application

CHAPTER XII-C Other matters relating to Appeals

Rule 219

Procedure for filing appeals etc

CHAPTER XIII Matters relating to settlement of cases

Rule 220

Form and manner of application

Rule 220A

Disclosure of information in the application for settlement of cases

Rule 220B

Manner of provisional attachment of property

Rule 220C

Fee for copies of reports

CHAPTER XIV Miscellaneous

Rule 221

Responsibility of a corporate body for making declaration and obtaining registration certificate

Rule 221A

Exemption from execution of bonds by Central Government undertakings and furnishing of security orsurety by State Government undertakings

Rule 222

Omitted

Rule 223

Stocks of excisable goods to be stored in an orderly manner

Rule 223A

Account of stock of goods in a factory or warehouse to be taken and balance to be struck

Rule 223B

Declaration of stock of goods and information regarding the serial number of the last gate-pass issuedas at 6:00 PM on the day preceding the Budget day

Rule 224

Restrictions on removal of goods

Rule 224A

Cancellation of Central Excise documents

Rule 224B

Duplicates of documents may be granted on payment of fees

Rule 224C

Omitted

Rule 225

Producer or manufacturer liable for removal of goods by any person

Rule 226

Omitted

Rule 226A

Electronic maintenance of generation of records, returns and documents using computer

Rule 227

Provision and maintenance of weighing and measuring apparatus

Rule 228

Provision and maintenance of locks

Rule 229

Provision of accommodation at factory or warehouse

Rule 230

Goods, plant and machinery chargeable with duty not paid

Rule 231

Matches and excisable tobacco products not to be sold except in prescribed containers bearing a Central Excise Stamp or label

Rule 232

Officer shall not disclose information learned in his official capacity

Rule 232A

Publication of names and other particulars of persons

Rule 232B

Qualifications for authorized representatives

Rule 232C

Authority under section 35Q(5)(b)

Rule 233

Power to issue supplementary instructions

Rule 233A

Issue of show cause notice before confiscation of any property or imposition of any penalty

Rule 233B

Procedure to be followed in cases where duty is paid under protest

Rule 234

Cancellation of former rules, orders and notifications