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TMI BlogDraft - Seeking views on proposed measures to provide deterrence to tax evaders in the manufacturing sectorX X X X Extracts X X X X X X X X Extracts X X X X ..... ocedures regarding excise duty and made them trade facilitative. However, it has been noticed that these measures have not resulted in expected rise in the level of compliance. Even now, many cases are being booked, which indicate that certain classes of assessees continue to evade excise duty in a planned manner. In view of this, it has become necessary to deal firmly with the problem of planned and deliberate non-compliance, and put in place deterrent provisions to discourage default. In this context, the Board proposes to lay down certain measures to be initiated immediately after detection of cases of deliberate non-compliance causing substantial loss of excise revenue. 2. The following offences are to be considered for the purpose of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of sale proceeds, in excess of the invoice price, is received separately and remains unaccounted. (c) Taking of CENVAT credit without receipt of goods specified in the document (d) Taking of CENVAT credit on invoices, which are not genuine (e) Issue of excise invoice without delivery of goods (by dealers and manufacturers) (f) Claiming of refund or rebate based on invoices which are not genuine (For Manufacturer Exporters and Merchant Exporters) 5.2 Monetary Limit: Amount of evasion - Rs 10 lakhs or more 5.3 Nature of restrictions proposed to be imposed: I - For Manufacturers [for cases (a) to ((f)] (A) (i) Withdrawal of facilities of monthly payment of duties for a specified period. (ii) Non-utilization of CENVAT credit for a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... recommendations will, inter alia, specify the facilities that may be withdrawn and the period of withdrawal of the facility. The final decision in this regard will be taken by the Member (Excise), CBEC, after due consideration of the facts and circumstances of the case. The order of such withdrawal will be administrative in nature and, therefore, no appeal remedy will be available to the tax defaulter. 7. The above-mentioned measures are proposed to be brought into force with effect from 1.01.2007 and necessary legislative changes, as required, shall be carried out in this regard. 8. All the field formations are requested to bring the content of proposed measures to the notice of Trade, Industry and Associations. The views and comments ..... X X X X Extracts X X X X X X X X Extracts X X X X
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