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TMI BlogExcise duty provisions for Pan Masala and Gutkha notified -Pan Masala Packing Machines (Capacity Determination And Collection of Duty) Rules, 2008X X X X Extracts X X X X X X X X Extracts X X X X ..... - (a) "Act" means the Central Excise Act, 1944 (1 of 1944); (b) "notified goods" means goods specified by the Central Government by notification under sub-section (1) of section 3A of the Act; (c) "packing machine" includes all types of Form, Fill and Seal (FFS) Machines and Profile Pouch Making Machines, by whatever name called, whether vertical or horizontal, with or without collar, single track or multi-track, and any other type of packing machine used for packing of pouches of notified goods; (d) "pan masala" means excisable goods falling under tariff item 21069020 of the First Schedule to the Tariff Act; (e) "pan masala containing tobacco" means excisable goods defined in Note 4 of Chapter 24 of the First Schedule to the Tariff Act and falling under tariff item 2403 99 90 of the same Schedule; (f) "retail sale price" means retail sale price as specified by the Central Government, in Explanation 3 to the opening paragraph in the notification of the Government of India in the Ministry of Finance (Department of Revenue), No.42/2008-CE, dated the 1st July, 2008; (g) "Tariff Act" means the Central Excise T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ), which he intends to operate in his factory for production of notified goods; (iv) the number of multiple track or multiple line packing machine, which besides packing the notified goods in pouches, perform additional processes involving moulding and giving a definite shape to such pouches with a view to distinguish the brand or to prevent the counterfeiting of the goods, etc; (v) the number of multiple track or multiple line packing machines out of (iv), which are installed in his factory; (vi) the number of multiple track or multiple line packing machines out of (v), which he intends to operate in his factory for production of notified goods; (vii) the name of the manufacturer of each of the packing machine, its identification number, date of its purchase and the maximum packing speed at which they can be operated for packing of notified goods of various retail sale prices; (viii) description of goods to be manufactured including whether pan masala or gutkha or both are to be manufactured, their brand names, etc; (ix) retail sale prices of the pouches to be manufactured during the financial year; (x) the plan and details of the part or section of the factory premises int ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which the manufacturer does not intend to operate shall be uninstalled and sealed by the Superintendent of Central Excise and removed from the factory premises under his physical supervision: Provided that in case it is not feasible to remove such packing machine out of the factory premises, it shall be uninstalled and sealed by the Superintendent of Central Excise in such a manner that it cannot be operated. (6) In case a manufacturer wishes to make any subsequent changes with respect to any of the parameters which has been declared by him and approved by the Deputy Commissioner of Central Excise or the Assistant Commissioner of Central Excise, as the case may be, in terms of sub-rule (2), such as changes relating to addition or removal of packing machines in the factory or making alterations in any part or section of the approved premises or in the number of machines to be used in such part or section or commencing manufacture of goods of a new retail sale price or discontinuation of manufacturing of goods of existing retail sale price, etc., he shall file a fresh declaration to this effect at least fifteen days in advance to the Deputy Commissioner of Central Excise or the Ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that in case a manufacturer permanently discontinues manufacturing of goods of existing retail sale price or commences manufacturing of goods of a new retail sale price during the month, the monthly duty payable shall be recalculated pro-rata on the basis of the total number of days in that month and the number of days remaining in that month counting from the date of such discontinuation or commencement and the duty liability for the month shall not be discharged unless the differential duty is paid by the 5th day of the following month and in case the amount of duty so recalculated is less than the duty paid for the month, the balance shall be refunded to the manufacturer by the 20th day of the following month: Provided also that if there is revision in the rate of duty, the monthly duty payable shall be recalculated pro-rata on the basis of the total number of days in that month and the number of days remaining in that month counting from the date of such revision and the duty liability for the month shall not be discharged unless the differential duty is paid by the 5th day of the following month and in case the amount of duty so recalculated is less than the duty paid for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ner of Central Excise or the Assistant Commissioner of Central Excise, as the case may be, of the date from which he would restart production, whereupon the seal fixed on packing machines would be opened under the physical supervision of Superintendent of Central Excise. 11. Retail sale price to be declared on the package.- Every manufacturer shall declare the retail sale price of the notified goods on the package of such goods: Provided that if the manufacturer fails to declare the retail sale price before removing the goods from the place of manufacture or declares a retail sale price which is not the retail sale price as required to be declared under the provisions of these rules or tampers with, obliterates or alters the retail sale price declared on the package of such goods after their removal from the place of manufacture, then, such goods shall be liable to confiscation and the retail sale price of such goods shall be ascertained in the manner specified in these rules and such price shall be deemed to be the retail sale price for the purposes of these rules. 12. Determination of retail sale price in case of non-declaration, obliteration, tampering, etc.- Where a manufac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ys in advance, whereupon the same shall be uninstalled and sealed by the Superintendent of Central Excise and removed from the factory premises under his physical supervision: Provided that in case it is not feasible to remove such packing machine out of the factory premises, it shall be uninstalled and sealed by the Superintendent of Central Excise in such a manner that it cannot be operated. (2) In case a manufacturer wants to add or install a packing machine in his premises, he shall give a notice to this effect at least seven days in advance to the Deputy Commissioner of Central Excise or the Assistant Commissioner of Central Excise, as the case may be, who shall allow the addition or installation, as the case may be, under the physical supervision of Superintendent of Central Excise. (3) No manufacturer shall be allowed to keep in his factory any stock of packing material for goods of those retail sale prices which have not been declared by him in accordance with provisions of these rules. (4) No manufacturer shall be allowed to trade in notified goods of retail sale prices not declared by him in accordance with provisions of these rules, from his factory premises. (5) I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ufacturer produces or removes notified goods in contravention of any provision of these rules, then all such goods shall be liable to confiscation, and the manufacturer shall be liable to a penalty not exceeding the duty leviable on the notified goods in respect of which aforesaid contravention has been committed. (2) If it is found that goods have been cleared from a unit which is not registered with the jurisdictional Central Excise Office, then its duty liability for the period till it was not registered, shall be determined as if the goods manufactured by the unit were not eligible for levy and assessment under notification of the Government of India in the Ministry of Finance (Department of Revenue), No.29/2008-CE (N.T.), dated the 1st July, 2008 and dealt with accordingly. 18. Provisions to apply mutatis mutandis. - Except as herein provided, all provisions of the Act and the Central Excise Rules, 2002, including those relating to maintenance of daily stock account, removal of goods on invoice, filing of returns and recovery of dues shall apply mutatis mutandis. Explanation. - Unless otherwise specified in these rules, for the purposes of these rules, the goods shall be de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Central Excise Act, 1944 (1 of 1944) or the rules or notifications issued thereunder. (b) I/We further undertake that any addition or removal of the packing machine would be done under the physical supervision of the Central Excise Officer as per the procedure provided in the Pan Masala Packing Machines (Capacity Determination and Collection of Duty) Rules, 2008. (c)I/We hereby agree to abide by the provisions and conditions of the Pan Masala Packing Machines (Capacity Determination and Collection of Duty) Rules, 2008 . Place : Date : Name, residential address and signature of manufacture/authorized agent. FORM - 2 [See rule 9] 1. Name of the manufacturer: 2. Address of the manufacturing premise: 3. ECC No. : 4. I/We hereby confirm that we have paid a sum of Rs..............., towards the duty liability for the month of......................as per *particulars given below : (* Particulars in the given format may be given separately for each MRP) (i)Retail sale price of the pouches manufactured during the month (ii) No. of packing machines installed and operated in the factory for each RSP (iii)Duty payment particulars Date of payment Name and address of the B ..... X X X X Extracts X X X X X X X X Extracts X X X X
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