Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

Regarding-Export & Registration

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Regarding-Export & Registration
Query (Issue) Started By: - sumeet tholle Dated:- 14-1-2015 Last Reply Date:- 15-1-2015 Central Excise
Got 3 Replies
Central Excise
Dear Sir, ABC, who is registered with excise dept, received an export order for supply as well as erection of machinery from England. ABC appointed PQR as subcontractor for supply as well as erection work. PQR not registe .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... red with Excise dept. PQR again appointed XYZ ,who is registered with Excise dept to supply machiney and PQR will do erection work. Being export, no body wants to pay excise duty. Is Central Excise registration of PQR required ? Pl. Guide about procedure also. Thanks. Sumeet Tholle Reply By Rajagopalan Ranganathan: The Reply: Dear Sumeet, PQR will be treated as mechant exporter and he ne .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... dd not be rigstered with Central Excise Department. Th procedure to be followed by PQR is detailed in para 3.8, 3.9 and 3.10 of Chapter 7 of CBEC's Manual of Supplementary Instructions which states that - "the merchant-exporters are necessarily required to furnish bond in the B-i Form specified in Annexure-16 to notification no. 42 /2001-Central Excise (N.T.), (See Part 7) supra with suc .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... h security or surety as may be specified by the concerned bond accepting authority. Specified categories/merchant exporters namely status holders (Super Star Trading House, S Trading House, Trading House, Export House) and exporters registered with recognized Export Promotion Councils would be exempted from furnishing security and/or surety with the bond executed by them for export of goods withou .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... t payment of duty unless they have come to the adverse notice of the Department. The bond shall be in a sum equal at least to the duty chargeable on the goods for the due arrival of export goods at the place of export and their export there from under Customs or as the case may be postal supervision. The officer, who will accept the bond, will also be responsible for discharging that bond upon fur .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... nishing proof of export by the exporter. 3.9 The bond shall not be discharged unless the goods are duly exported, to the satisfaction of the Deputy/Assistant Commissioner of Central Excise or Maritime Commissioner or such other officer as may be authorized by Board on this behalf within the time allowed for such export or are otherwise accounted for to the satisfaction of such officer, or until t .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... he full duty due upon any deficiency of goods, not accounted so, and interest, if any, has been paid "Maritime Commissioner" would mean the Commissioner of Central Excise under whose jurisdiction one or more of the Port, Airport, Land Customs station or post office of exportation is located. 3.10. Certificate 'CT-i', as specified in Annexure-17 (See Part 7) have to be obtained .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... by merchant-exporters for procuring goods from a factory or warehouse. Such certificates need not be obtained for each consignment but will be given in lot of 25. Manufacturer exporter need not obtain such certificate for the purpose of export." You can follow the above procedure. Reply By sumeet tholle: The Reply: Dear Sir, Thanks for your reply. But I am confused. Is PQR is merchant ex .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... porter or ABC is merchant exporter ? Thanks. Sumeet Reply By Rajagopalan Ranganathan: The Reply: Dear Sumeet, You have stated that ABC appointed PQR as sub-contractor for supply as well as erection work. As far as Central Excise law is concerned the person who actually executes the work or manufacturing activity he is the executor /manufacturer. Therefore PQR, though not registered with the .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Excise Department and he will be treated as merchant exporter. Merchant exporter need not be a registered person for exporting the goods.
Discussion Forum - Knowledge Sharing .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates