Circular No. 193-27/96-Central Excise

dated 27/3/96
Government of India
Ministry of Finance
Department of Revenue, New Delhi

Subject: Amendment of Rule 173H by Notification No. 8/96-CE(NT) dated 20.3.96 – Chief Commissioners authorised by the Board in terms of Rule 173H(3), as amended- Regarding.

I am directed to draw your attention to Notification No. 8/96-CE(NT) dated 20.3.96 on the above subject and to say that the Board hereby authorised all the Chief Commissioners to permit the entry or retention of duty paid goods in the factory of warehouse, where:

(a)  the goods are rejected by the buyer on any account.

(b)  after sale services are required to be carried out inside the factory.

(c)  packing/ re-packing is to be carried out provided that the goods for such packing/ re-packing are not similar to the goods manufactured in the factory.

2.  While granting the permission, the Chief Commissioner should look into safeguards of revenue especially with respect to the possibility of misuse to the MODVAT credit and evasion of duty by way of under-valuation/ clandestine removal.

3.  Suitable procedure/ documents for the entry of such goods and their clearances from the factory may be prescribed by the Chief Commissioner.

4.  The Board may be reported about the working of the present provision. The Chief Commissioners may also report to the Board other genuine case which are not covered by this Circular for further necessary action.

5.  The Commissioner may issue trade notice in this regard. Copy of the same may be endorsed to the Board.

(P.K. Sinha)
Under Secretary (CX..6)

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