RULE 9. Time and manner 0f payment of duty(1) No excisable goods shall be removed from any place where they are produced, cured or manufactured or any premises appurtenant thereto, which may be specified by the Commissioner in this behalf, whether for consumption, export or manufacture of any other commodity in or outside such place, until excise duty leviable thereon is Determined and indicate on each application in the proper form or on each gate pass, as the case may be, presented to the proper officer at such place and in such manner as is prescribed in these rules or as the Commissioner may require :
Provided that such goods may be deposited without payment of duty in a store-room or other place of storage approved by the Commissioner under
Rule 27 (Note:-Please refer list of CE Forms) or
Rule 47 orina warehouse appointed or registered under
Rule 140 or may be exported under bond as provided in
Rule 13 :provided further that the molasses produced in a khandsari sugar factory may be removed without payment of duty leviable thereon and the duty of excise leviable on such molasses shall be paid by the procurer, as if such molasses has been manufactured by such procurer, on the date of receipt of such molasses in his factory.
Provided also that the goods falling under Chapter 62 of the First Schedule to Central Excise Tariff Act, 1985 (5 of 1986) produced or manufactured by a job worker may be removed without payment of duty leviable thereon and the duty of excise leviable on such goods shall be paid by the person referred to in
rule 7AA, as if such goods have been produced or manufactured by him, on the date of removal of such goods from his premises registered under
rule 174,:
Explanation.-It is hereby clarified that where such person has authorised the job worker to pay the duty leviable on such goods under
rule 7AA, such duty shall be paid by the job worker on the date of removal of such goods from his registered premises:
Provided also that such goods may be removed
(Above provision has been substituted vide Ntf. No. 16/2001-CE(NT), dated 30/04/2001)[OLDprovided further that such goods may be removed without payment or on part payment of duty leviable thereon if the Central Government, by notification in the Official Gazette, allow the goods to be so removed under
Rule 49:]Provided also that the manufacturer shall maintain an account current at such place or premises specified in this behalf or at a storeroom or warehouse duly approved, appointed or registered, by the Commissioner, and shall discharge the duty liability by debiting such account current.
(IA) Where a person keeping an account-current under the third proviso to sub-rule (1) makes an application to the Commissioner for withdrawing an amount from such account-current, the Commissioner may, for reasons to be recorded in writing, permit such person to withdraw the amount in accordance with such procedure as the Commissioner may specify in this behalf.