Circular No. 31/31/94 CX dated 6/4/94
Subject: Use of invoice w.e.f.1.4.1994

I am directed to invite your attention to the Circular No. 29/29/94-CX. dated 21st March, 1994 and telex of even number dated 28th March, 1994 relating to use of invoice in place of gate pass, price list etc. The following further instructions are issued for strict compliance:-

1. The principles of valuation have not undergone any change as there is no amendment to the provisions of section 4 of the Central Excises and Salt Act 1944 or the Valuation Rules made thereunder. As such the various judgments of the Supreme Court including the orders under section 37B issued on 31st December, 1993, are relevant for determination of assessable value when any excisable goods is liable to the duty of excise dependent on value.
   
   
2. The Collectors, Addl. Collectors, Deputy Collectors and the Assistant Collectors shall hold group discussions with the Superintendents and Inspectors in the Ranges, with a view to guide them on determination of correct assessable value, on existing principles, deriving from the invoices, and other specified documents. A few specimen documents used by the assessees could also be of use during such group discussions.

2. 1. R. T-12 returns for the month of April, 1994 and May, 1994, with the invoices etc. shall be taken up for assessment on a priority basis, immediately on receipt. While scrutinising these R.T-12 returns for the months of April, 1994 and May, 1994 no action shall be taken by the Superintendent to issue show-cause notices to demand duty alleging short-levy/non-levy, without the approval of the Assistant Collector and Deputy Collector.
      
      
   2. The aforesaid instructions shall also mutatis mutandis apply to resorting to provisional assessment in respect of R.T-12 assessments of April and May, 1994.
   
   
3. The Principal Collectors and the Collectors shall send to the Board by the third week of May, 1994, and June, 94, their evaluation and suggestions on the assessment of RT.-12s by the Range Superintendents, on the basis of experience gained on the above basis.

Sd/-
(Himanshu Gupta)
Under Secretary, Central Board of Excise & Customs.

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