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he Finance Minister has introduced the Finance Bill, 2015 in Lok Sabha today, i.e., 28th February, 2015. Changes in Customs and Central Excise law and rates of duty have been proposed through the Finance Bill, 2015 (clauses 80 to 89, 163, 164 for Customs and clauses 90 to 104, 163, 164, 184 and 188 for Central Excise). In order to prescribe effective rates of duty and to carry out changes in the Rules made under the respective Acts, the following notifications are being issued:
Attention is invited to Circular No. 988/12/2014-CX dated 20.10.2014 issued from F. No. 267/49/2013-CX.8 on the above subject wherein it was clarified that the place of removal needs to be ascertained in terms of provisions of Central Excise Act, 1944 read with provisions of the Sale of Goods Act, 1930 and that payment of transport, payment of insurance etc are not the relevant considerations to ascertain the place of removal.
In cases where a complaint has already been filed in the court, it will be upto the court to decide whether or not to pursue prosecution in terms of Section 257 and 321 of Cr. P.C. 1973. If the order for withdrawal has been given by a court, the prosecution can be withdrawn by the Assistant Collector after getting a formal order from the Principal Collector.
Registration process in Central Excise has been prescribed vide Notification no 35/2001-C.E(N.T) dt 26-6-2001 as amended from time to time. The prescribed procedure has been amended by notification no. 07/2015-CE (N.T.) dated 01.03.2015 to simplify the procedure and improve the ease in doing business in manufacturing.
Your attention is invited to provisions of sub-section (2) of section 11 of the Central Excise Act, 1944. Central Excise Officers are empowered under this provision to issue an order to any other person from whom money is due to such person from whom recovery of arrears is required to be made. Such notice for recovery to the other person is generally referred as Garnishee Notice. Similar provisions are contained in section 142(1)(d) of the Customs Act, 1962 and section 87(b) of the Finance Act, 1994 .
Audit Commissionerates have been created with an objective to improve the functional efficiency of audit in the field formations. An effective taxpayer audit plays a key role in improving compliance and augmenting tax revenues. It is one of the important compliance verification tools available to the tax administration to verify the correctness of the taxes self-assessed and reported in the tax returns besides complying with other legal obligations. Circular No. 995/2/2015-CX dated the 27th Feb., 2015
The Union Government is presenting its Annual Budget 2015-16 on 28th February, 2015, which falls on Saturday. As it may not be a working day in certain offices, it is desired that all the offices of CBEC/field formations may remain open on that day, so that the changes made in the Budget and their impact on revenue can quickly be examined and analysed by the field formations so as to guide the trade properly and to bring to the notice of the Board any difficulties/anomalies etc. noticed in the tax proposals.
I am directed to say that the post of Joint Secretary (Customs) in the Central Board of Excise & Customs under the Revenue Headquarters is proposed to be filled up from among the eligible officers of IRS (C&CE) cadre. IRS (C&CE) officer in the grade of Commissioner of Customs & Central Excise is eligible for the said post.
Of late, it has been observed that a number of notices given by the officers in Grade ‘A’ for seeking voluntary retirement/resignation from the service are sent to the Board at the fag end of the expiry of the prescribed notice period of three months and that too without providing the requisite documents
It has been brought to the notice of the Board by certain Investigation Directorates that some of the Commissioners are not providing manpower to the Investigation Directorates for the purposes of conducting searches for one reason or the other.
