9911796707
TMI Blog2015 (10) TMI 45X X X X Extracts X X X X X X X X Extracts X X X X ..... etter dated 7.11.2002 directing the petitioner to pay supervision charges @ Rs. 21532/- per month. 2. The petitioner hired a godown for the period 12.2.2002 to 22.2.2003 and, on the basis of the supervision charges as indicated by letter dated 7.11.2002, the petitioner alleges that he paid the entire amount of Rs. 10,22,731/- under protest and thereafter stored the sugar in the said godown and, from time to time, the sugar was stored or cleared under the supervision of the excise authorities. According to the petitioner, the storage and clearance of sugar was done on 64 days under the supervision of the excise authorities and, therefore, the petitioner was liable to pay Rs. 49,216/- as supervision charges. Accordingly, the petitioner appli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cility was withdrawn and representations were made by the manufacturers which led to the issuance of a circular dated 1.1.2002 wherein it was decided that in view of Rule 47(5) of the Rules, the facility of non-duty paid goods outside the factory premises without payment of duty would be made available to the manufacturers subject to adequate revenue safeguard. 5. Subsequently, the Central Excise Rules,2002 (hereinafter referred to as the "Rules of 2002")were promulgated w.e.f. 1.3.2002. Rule 4 provided that every person who produces and manufactures of any excisable goods and who stores such goods in a warehouses would be liable to pay duty on such goods in the manner provided in Rule 8 and that no excisable goods shall be removed without ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of non duty paid sugar lying in the outside godowns is first cleared. e) That the party gives an undertaking in writing that it should pay appropriate duty of excise in respect of all the sugar taken for reprocessing from the stocks stored in the said godowns and after reprocessing no refund of excise duty shall be claimed by the party of the resultant sugar. f) That the duty involved in respect of sugar in transit and there after so stored outside should be secured by Bond (Specimen attached as Annexure-II) with 25% cash security subject to maximum of Rs. 10 lacs which ever is less and in case there is any pilferage/ damage/loss of sugar so stored, the assessee shall pay the duty involved thereon unconditionally. g) That for the move ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 11. The supervision charges as contemplated under Rule 4(4) of the Rules of 2002 read with the trade notice dated 29.10.2002 is not for the clearance or storage of sugar as and when it happens in the godowns, but, the supervision charges is for the duration of the period when the godown is in the physical control of the respondents where the sugar is stored. 12. The contention, that supervision charges is only required to be paid when the sugar is stored or cleared from the godown, is patently misconceived. So long as the sugar is stored in godown outside the factory premises the same remains under the physical control of the respondents and the petitioner is required to pay the supervision charges on cost recovery basis. In the instant ca ..... X X X X Extracts X X X X X X X X Extracts X X X X
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