OMITTED(Rule 32. Omitted vide
Ntf. No. 06/2003(NT)-CX, Dt. 11/02/2003)
(Pl. refer
CIR NO.691/07/2003-CX, DT. 11/02/2003 - Removal of Budget Day restrictions for Budget 2003-04)
32. Restrictions on removal of goods.-(1) Notwithstanding anything contained in these rules, no goods shall be removed from a factory or a warehouse between the time appointed for representation of the Annual Budget or any Supplementary Budget of the Central Government in the House of the People or for the introduction in the House of the People of any Finance Bill or any Bill for imposition or increase of any other duty, as the case may be, and 24.00 hours midnight on the day on which such Budget, Finance Bill or any other Bill, as the case may be, is presented or introduced, unless,-
(i) the assessee has obtained permission of the Commissioner under sub-rule (2), and
(ii) an application for such removal in the form prescribed by notification by the Board has been presented by the assessee to the Central Excise Officer and such an application has been acknowledged by him before 17.00 hours on the working day immediately preceding such day:
Provided that no such application for the removal of goods which may come into existence at any time after the appointed time shall be acknowledged unless the terms, conditions and limitations imposed by the Commissioner in this behalf are complied with.
Explanation.- For the purposes of this rule, “goods” include goods which may come into existence at any time after the appointed time.
(2) Where an assessee intends to remove goods from a factory or a warehouse under sub-rule (1), he may make an application in this behalf in writing to the Commissioner undertaking to pay duty at the enhanced rate, if any, that may be applicable to such goods with effect from the date immediately following the date on which the Budget, Finance Bill or any other Bill, as the case may be, is presented or introduced, and to comply with such conditions as the Commissioner may specify and thereupon the Commissioner may, if he considers it necessary or expedient in the public interest so to do, permit the removal of such goods.
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