Eximkey - India Export Import Policy 2004 2013 Exim Policy
Circular No. 272/106/96-CX dated 21/11/96

Sub: Central Excise-Declaration in respect of marketing pattern, discount structure etc. to be filed by assessee under Rule 173C(3A) .- Procedure

Attention is invited to Notification No. 36/96-C.E. (NT) dated 20.U.96, whereby the new Sub-rule 3A has been inserted in Rule 173C, of the Central Excise Rules, 1944 (hereinafter referred to as "the said rules"), whereby an assessee is requited to declare to the proper officer his marketing pattern, discount structure and any other particulars in the manner prescribed by the Board or the Commissioner of Central Excise at the beginning of each financial year and a" fresh declaration thereafter in case there is any change in the declaration within the same financial year.

2. In exercise of the powers conferred by the aforesaid sub-Rule, the Board has decided that every assessee registered with the Central Excise Department under Rule 174 and working under provisions of Chapter VII-A of the said rules shall prepare giving complete information/declaration in quadruplicate and submit original, duplicate and triplicate to the Range Superintendent in the "proforma enclosed at Annexure-A., at the beginning of each financial year, latest by 15th of April. In case there is any change in the information/declaration, a fresh declaration shall be filed immediately highlighting the changes. The Range Superintendent shall acknowledge the receipt of the declaration on the assessees copy i.e. the quadruplicate copy of the declaration.

3. The Range Superintendent will check the declaration and if necessary compare it with the previous declarations and submit all the copies of the declaration to the Divisional Assistant Commissioner along with his verification report within 15 days of the receipt.

4. The Divisional Assistant Commissioner will examine the declaration and endorse all the copies in token of his verification. He will send the duplicate copy of the declaration to the Range Superintendent and the triplicate copy to the Valuation Cell of the Commissionerate and retain the original copy with him.

5. In case the information contained in the declaration appears, prima facie, incorrect, or the declaration indicates that the assessable value declared by the assessee as required under rule 173C(1) is/are apparently not in conformity with Section 4 of CEA, 1944, the Divisional Assistant Commissioner may cause necessary inquiry to be conducted and shall take immediate steps to safeguard revenue. The powers conferred by sub-rule 3 of. Rule 173C may be resorted to. The RT-12 Returns may be selected for detailed scrutiny under new Rule 1731. The provisional assessment may also be resorted to after strictly adhering to the provisions of the new Rule 9B, provided the other for the provisional assessment shall be made after obtaining the concurrence of the concerned Addl. Commissioner / Deputy Commissioner, and provided also that such provisional assessment is finalised within a period of 3 months.

7. The first declaration shall be filed on or before 15th December, 1996, and thereafter as provided in the new sub-rule.

Sd/-
(P.K. Sinha)
Under Secretary (CX.6)

F.No. 212/12/96-CX.6
										
					Annexure "A" 

Declaration under Sub-Rule 3A of Rule 173C

									original 
									duplicate 
									triplicate 
									quadruplicate

									Financial Year 
									Date of Filing
Name and Address of manufacturing, unit ___________________________ Commissionerate ______________ Division ____________ Range _____________ Excise Control Code No._________________ Registration No. ________________

I. Category:

(a) Proprietorship concern

(b) Partnership firm

(c) Private Limited Company

(d) Public Limited Company

(e) Public Sector Undertaking

(Tick the category applicable)

II. Marketing Pattern:-

i) Manner of disposal of excisable goods:-

a) at factory gate

b) captive consumption

c) through depots/branch offices

d) through stockists/consignment agents

e) from other places after removal from the factory

f) exports


		Yes		No
-under bond	:_______   	_______
		 _______		_______
-on payment
 of duty 		:_______   	_______ 	
Note:

a) Give the address & places where depots/branch offices located.

b) Give the address & places where stockists/consignment agent etc. located.

c) Tick the category which is applicable.

ii) Marketing Agencies :- a) through wholesale dealers

b) through wholesale distributors

c) through sole selling agents

d) direct to industrial customers

e) to Government Departments

f) through related persons

g) other agencies/retailers

Note:

a) Tick categories applicable.

b) If there is (are) any general agreement(s) with any of the dealers/distributors/stockists/agency, please enclose copies thereof.

c) Attach list and addresses of the dealers / distributors through whom the goods distributed.

c) Give particulars of sole selling agents / other agencies through whom goods distributed / sold.

III. Pricing Pattern :-

A) For wholesale dealers/buyers-

  1. Is there any declared/published price(s) at which excisable goods are normally sold to the wholesale buyers/dealers?

  2. whether the price to wholesale dealers is the same for dealers all over the country or it varies on the basis of region/territory/State etc.

  3. Have you any system of giving Trade Discount(s) over the declared/published prices to wholesale dealers/buyers depending upon volume of sale etc.?

  4. Is discount given on uniform basis for same volume of sale to same class of buyers?

    If so, please indicate the declared policy of discount made known to all dealers /distributors and the extent(s) of discounts allowed over the declared /published - wholesale prices. (Attach suitable, sheets explaining the discount policy.)

  5. Whether the pricing pattern is :

a) all inclusive i.e.-, it takes into account all taxes and duties, or

b) these takes/duties are billed separately over a per unit priori In case of former, indicate the deductions claimed to arrives the value for excise duty. (Attach copy of latest price list and declared discount policy)

B) For sale to Industrial Consumers

  1. Are you selling to Industrial consumers the particular excisable goods at uniform price or the price charged varies considering the competitive biddings by other suppliers, volume of order and other purely commercial considerations; is there any system of entering into contracts? Please indicate percentage variation between the contracted prices and the normal price charged to wholesale dealers.

  2. Are you using any input/raw material/component/parts accessories etc. supplied free of cost by your buyer? If so, details may be supplied including its impact on the assessable value.

C)General Information:


	i)	Is sale price at the place of removal include 



		a) transport charges upto place of removal   	Yes	No	
								_______	_______
								_______	_______

		b) maintenance and distribution charges at      Yes 	No
		   the depot etc.			      	_______	_______

	ii)	Do your wholesale dealers/buyers include 	Yes	No	
		organizations where you or your partner       	_______	_______
		or directors or their relatives are owners    	_______	_______
		/ shareholders / directors /partners or 		
		others having overall control over the 
		affairs of   those  agencies?

	iii)	Are you collecting from your customers any    	Yes	 No
		advances/deposits or other valuable 	    	_______  _______
		considerations and whether these advances/   	_______  _______
		deposits etc. are adjusted at the time 
		of delivery of goods, against the final 
		price charged?

	iv)	Do you charge same prices whether or not any  	Yes	 No
		advance/deposit is made, for the same goods?  	_______  _______
		If so indicate the percentage of sales without  _______  _______
		any advances/deposits and also for goods for 
		which advances/deposits accepted?

	v)	For advance/deposit, do you pay any interest	Yes	 No
		to your customers? It so, at what rate (s)?   	_______  ________
								_______  ________

	vi)	Any monetary consideration, direct or in-	Yes	 No
		direct than whats is declared in the 	    	_______  ________	
		Invoices, collected from dealers, customers, 	_______  ________
		for any services?	

	vii) 	Are your wholesale dealers/ distributors/	Yes	 No
		sole selling agents etc. undertaking on 	_______  ________
		your behalf any advertisements or sales         _______  ________
		promotion activities or any servicing or 
		other activity for the goods manufactured
		& marketed by you, either by express or 
		implied instructions/ understanding/
		agreement?

	viii)	Are you collecting the cost of packing from	Yes	 No
		the customers as part of the normal price	_______  ________
		declared & charged to the customers or 		_______  ________
		any packing charges to the Invoice,
		without taking them as part of value for
		excise duty?

	ix)	Do you charge any thing for special packing	Yes	 No
		which you claim does not form part of the	_______  ________
		assessable value of the goods for duty          _______  ________
		purposes?

	x)	Do you charge/bill separately or show		Yes	 No
		separately in the invoice, for handing &   	_______  ________
		forwarding charges over and above the      	_______  ________
		price taken for excise duty purpose?
	
	xi)	Where you sell the goods on credit, have 	Yes	 No
		you any normal credit period? Whether	  	_______  ________
		you charge interest only for the delay     	_______  ________
		over policy of charging of interest.	
		
	xii)	Whether you are collecting from customers:	
		
		(a) 	actual freight/actual insurance.	__________
			
		(b)	Higher than actual freight/ actual 	__________
			Insurance.

		(c)	Equalised freight.
	
	xiii)	Whether any supplimentary bills/invoice/	Yes	No
		credit notes are issued to your buyers for   	_______	______
		final prices or recovery of any expenses in  	_______	______
		connection with the goods manufactured &
		sold by you, over and above the invoice 
		price on which duties are normally paid?	

	xiv)	Is the assessable value of the goods		Yes	No
		declared to the Deptt., less than the per    	_______ _______
		unit cost of product?			  	_______	_______

	xv)	Are you collecting from your buyers the 	Yes	No
		same excise duty as you are paying to the   	_______	_______
		Deptt.?						_______	_______
		(Please tick mark the appropriate box.)

iv. Any other information relevant to pricing/marketing system (you may attach a note)

				D E C L A R A T I O N 

	I/We, hereby solemnly declare and affirm that the information given above is 
true and correct in all respects.


Date  :						
						Signature of the Assessee
Place :						or his authorised Signature 



				Acknowledgment

Date of Receipt : ________________________________________

Signature with official stamp : ___________________________

Presented by eximkey.com

Trade Intelligence
Search for latest information on item wise exports and imports, from all major Indian ports.

Username
Password