Eximkey - India Export Import Policy 2004 2013 Exim Policy

22. Access to a registered premises.-

(1) An officer empowered by the Commissioner in this behalf shall have access to any premises registered under these rules for the purpose of carrying out any scrutiny, verification and checks as may be necessary to safeguard the interest of revenue.

(2) Every assessee, an importer who issues an invoice on which CENVAT credit can be taken, and first stage and second stage dealer shall furnish to the officer empowered under sub-rule (1), a list in duplicate, of-

(i) all the records prepared and maintained for accounting of transaction in regard to receipt, purchase, manufacture, storage, sales or delivery of the goods including inputs and capital goods, as the case may be;

(ii) all the records prepared and maintained for accounting of transaction in regard to payment for input services and their receipt or procurement; and

(iii) all the financial records and statements including trial balance or its equivalent).

(Sub-rule (2) has been substituted vide NTF. NO. 17/2005-CE(N.T.), Dt. 31/03/2005)

[OLD-
(2) Every assessee shall furnish to the officer empowered under sub-rule (1), a list in duplicate, of all the records prepared or maintained by the assessee for accounting of transactions in regard to receipt, purchase, manufacture, storage, sales or delivery of the goods including inputs and capital goods. ]

(3) Every assessee, an importer who issues an invoice on which CENVAT credit can be taken, and first stage and second stage dealer shall, on demand make available to the officer empowered under sub-rule (1) or the audit party deputed by the Commissioner or the Comptroller and Auditor- General of India, or a cost accountant or chartered accountant nominated under section 14 A or section 14 AA of the Act,-

(i) the records maintained or prepared by him in terms of sub-rule (2);

(ii) the cost audit reports, if any, under section 233B of the Companies Act, 1956(1 of 1956); and

(iii) the income-tax audit report, if any, under section 44 AB of the Income-tax Act, 1961 (43 of 1961),

for the scrutiny of the officer or the audit party or the cost accountant or chartered accountant, within the time limit specified by the said officer or the audit party or the cost accountant or chartered accountant, as the case may be.

(Above sub-rule (3) been substituted vide NTF. NO. 22/2012-CE (NT), DT. 30/03/2012)

(In above sub-rule (2) & (3) the words "an importer who issues an invoice on which CENVAT credit can be taken," has been inserted vide NTF. NO. 08/2015-CE (NT), DT. 01/03/2015)

[OLD-
(3) Every assessee, and first stage and second stage dealer [OLD- Every assessee] shall, on demand make available to the officer empowered under sub-rule (1) or the audit party deputed by the Commissioner or the Comptroller and Auditor General of India,-

(i) the records maintained or prepared by him in terms of sub-rule (2);
(ii) the cost audit reports, if any, under section 233B of the Companies Act, 1956 ( 1 of 1956); and
(iii) the Income-tax audit report, if any, under section 44AB of the Income-tax Act, 1961 ( 43 of 1961),

for the scrutiny of the officer or audit party, as the case may be.]

(In sub-rule (3) the words "Every assessee, and first stage and second stage dealer" has been substituted vide NTF. NO. 17/2005-CE(N.T.), Dt. 31/03/2005)

Explanation. - For the purposes of this rule, “first stage dealer†and “second stage dealer†shall have the meanings assigned to them in CENVAT Credit Rules, 2004.

(Above explanation has been inserted vide NTF. NO. 17/2005-CE(N.T.), Dt. 31/03/2005)
 

 

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