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 |
|
Short title and extent |
|
Definitions |
|
Agent of owner of goods, factory or warehouse to be deemed owner for certain purposes |
|
CHAPTER II Appointment and powers of officers |
|
Appointment of Officers |
|
Delegation of powers by the Commissioner |
|
Commissioner or Joint Commissioner to exercise the power of any Officer |
|
CHAPTER III Levy and refund of, and exemption from duty |
|
Recovery of duty |
|
Recovery of duty on molasses produced by a khandsari sugar factory |
|
Recovery of duty on articles of apparel manufactured on job work |
|
Omitted by NOTIFICATION NO. 19/88--CE., DATED: 1/7/88(w.e.f 1.7.88 ). |
|
Time and manner of payment of duty |
|
Date for determination of duty and tariff valuation |
|
Provisional assessment to duty |
|
Rules to apply to procurer |
|
Application of rules in relation to articles of apparel and clothing accessories, not knitted or crocheted |
|
Omitted |
|
Omitted |
|
Rebate of duty |
|
Export in bond of goods on which duty has not been paid |
|
Exporter may enter into a general bond |
|
Omitted |
|
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 |
Notice of manufacture to be given |
|
Commissioner may require manufacturer to make prior declaration of factory premises and equipment |
|
Alteration or movement of factory equipment |
|
Marking of premises and equipment |
|
Goods may be stored without payment of duty |
|
Omitted |
|
Payment of duty on fortnightly-basis on removal of goods from the factory premises or from an approved place of removal |
|
Collection of duty leviable on cellulosic spun yarn and cotton yarn along with the duty on cotton fabrics |
|
Omitted |
|
Packing and weighment of goods |
|
Removal of goods after payment of duty |
|
Clearance on payment of duty |
|
Goods to be delivered on an invoice |
|
Procedure for issuing invoices under rule 57AE |
|
Rule 52B |
Omitted |
Daily Stock Account |
|
Rule 53A |
Omitted |
Monthly returns |
|
Omitted |
|
Taking of samples for excise purposes |
|
Rule 56A |
Omitted |
Rule 56AA |
Omitted |
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 |
|
Definitions |
|
CENVAT credit |
|
Conditions for allowing CENVAT credit |
|
Obligation of manufacturer of dutiable and exempted goods |
|
Documents and accounts |
|
Transfer of credit |
|
Transitional provision |
|
Recovery of credit wrongly taken |
|
Omitted |
|
Special dispensation in respect of inputs manufactured in factories located in specified areas of North East region |
|
Power of Central Government to notify goods for deemed credit |
|
B |
Matches |
(Composition for match heads) |
|
Rule 58 - 61 |
Omitted |
Disposal of finished matches |
|
Finished matches to be kept in a secure place |
|
Number of matches which may be packed in boxes |
|
Each box or booklet to bear a Central Excise Stamp |
|
Procurement of Central Excise Stamps |
|
Central Excise Stamps to be kept in a secure place and periodically inspected |
|
Manufacturer to keep account of Central Excise Stamps purchased and used |
|
Manner of affixing Central Excise Stamps |
|
Affixing of Central Excise Stamps to matches redeemed after confiscation |
|
Matches to be packed, affixed with Central Excise Stamps and transferred to store-room immediately after finishing |
|
Method of packing |
|
Examination by proper officer at the factory |
|
Test-check of contents of boxes and booklets |
|
Disposal of matches examined under rule 72 or 73 and of Central Excise Stamps damaged during examination |
|
Deposit of matches in store-room |
|
Matches intended for export may also be deposited in the storeroom |
|
Omitted |
|
Manner of storage in the store-room |
|
Removal of matches from the store-room |
|
Removal of defective matches for reconditioning |
|
Omitted |
|
Rule 81 |
Omitted |
Removal of matches bearing Central Excise Stamps purchased on credit |
|
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 |
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 |
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 |
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 |
Refund of duty on goods returned to factory |
|
Goods cleared for export may be allowed to be returned to factory |
|
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 |
Issue of Invoice |
|
Rule 100F |
Monthly Return |
Restriction on removal of goods |
|
Rule 100H |
Exemption from certain provisions |
CHAPTER VI Salt |
|
Rule 101 - 138 |
Omitted |
CHAPTER VII Warehousing |
|
General |
|
Warehousing provisions to apply only to goods specially notified in the Official Gazette |
|
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 |
Assessee to file declaration of goods produced or manufactured in the factory |
|
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 |
Procedure to be followed by the assessee |
|
Rule 173GG |
Omitted |
Retention in, or bringing into, a factory or warehouse, of duty-paid goods |
|
Scrutiny by the proper officer |
|
Rule 173J |
Omitted |
Rule 173K |
Omitted |
Refund of duty on goods returned to factory |
|
Goods cleared for export to be returned to the factory |
|
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 |
Confiscation and penalty |
|
CHAPTER VII-B Refund |
|
Rule 173S |
Application for refund of duty |
CHAPTER VIII Registration |
|
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 |
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 |
Issue of summons |
|
Rule 205 |
Omitted |
Rule 206 |
Disposal of things seized |
Rule 207 |
Charge by whom to be preferred |
Customs Officers to exercise the same powers as Central Excise Officers |
|
CHAPTER XII Penalties and confiscations |
|
Confiscation and penalty |
|
Penalty for certain offences |
|
General penalty |
|
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 |
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 |
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 |
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 |
|
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 |
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 |
Qualifications for authorized representatives |
|
Rule 232C |
Authority under section 35Q(5)(b) |
Power to issue supplementary instructions |
|
Issue of show cause notice before confiscation of any property or imposition of any penalty |
|
Procedure to be followed in cases where duty is paid under protest |
|
Cancellation of former rules, orders and notifications |
|