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Circular No. 207/11/96-Central Excise

dated 1/5/96
F.No. 267/102/96-CX.8(Pt.I)

Government of India

Ministry of Finance

(Department of Revenue), New Delhi

Subject: Clarification on point No. 85 of 35th Meeting of the Customs and Central Advisory Council Meeting held on 4th November, 1995

It has been represented that the assesses often face problems when the goods consigned by the manufacturer are not accepted by the customer in whose favour the invoice in made out on account of certain changes in the consuming pattern or other problems at the customer”s end.

2. In the above connection, it has been reported that Board”s Circular No. 96/7/95-CX dated 13.2.95 provides under the heading “Transit Sale” that where the end user refuses to receive the goods, the registered person could approach the Range Supdt. of the original consignee for endorsing the duplicate and triplicate copy of the invoice to the new destination and thereafter the goods could be so diverted. Similar instructions have been requested to be issued with reference to the situation where the goods cleared by a manufacturer are required to be diverted to consignee other than the original consignee.

3. The matter has been examined by the Board and I am directed to say that the guidelines laid down in para 2 of the heading “Transit Sale” of the aforesaid Circular with respect to registered persons issuing invoice under Rule 57G above will mutatis-mulandis also apply in the case of manufacturers issuing invoices under Rule 57A.

Sd/-
(Millika Arya)
Under Secretary to the Govt. of India

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