Introduction, Persons requiring registration, Exemption from Registration Application for Registration, Fling of Declaration in lieu of registration.


Introduction
Persons requiring registration
Exemption from Registration
Application for Registration
Fling of Declaration in lieu of registration
Procedure of Issue of Registration Certificate
Issue of Registration Certificate.
Period of Validity of Registration
Surrender, Cancellation, Suspension or Revocation of Registration
Lost Registration Certificates

Chapter-2
Part-I
REGISTRATION AND E.C.C. NUMBER

  1. Introduction

    1.1 For the administration of the Central Excise Act, 1944 and the Central Excise (No.2) Rules, 2001 (hereinafter referred to as the ‘said Rules’) manufacturers’ of excisable goods or any person who deals with excisable goods, with some exceptions, are required to get the premises registered with the Central Excise Department before commencing business.
  2. Persons requiring registration

    2.1 In accordance with Rule 9 of the said Rules and Notifications issued under rules 18 and 19 of the said Rules, as the case may be, the following category of persons are required to register with jurisdictional Central Excise Officer in the Range office having jurisdiction over his place of business/factory:
    1. Every manufacturer of excisable goods (including Central/State Government undertakings or undertakings owned or controlled by autonomous corporations) on which excise duty is leviable .
    2. Persons who desire to issue CENVATABLE invoices under the provisions of the CENVAT Credit Rules, 2001.
    3. Persons holding private warehouses.
    4. Persons who obtain excisable goods for availing end-use based exemption notification.
    5. Exporters manufacturing or processing export goods by using duty paid inputs and intending to claim rebate of such duty or by using inputs received without payment of duty and exporting the finished export goods.

    2.2 Separate registration is required in respect of separate premises except in cases where two or more premises are actually part of the same factory (where processes are interlinked), but are segregated by public road, canal or railway-line. The fact that the two premises are part of the same factory will be decided by the Commissioner of Central Excise based on factors, such as:
    1. Interlinked process – product manufactured/produced in one premise are substantially used in other premises for manufacture of final products.
    2. Large number of raw materials are common and received/proposed to be received commonly for both/all the premises
    3. Common electricity supplies.
    4. There is common labour /work force
    5. Common administration/ works management.
    6. Common sales tax registration and assessment
    7. Common Income Tax assessment
    8. Any other factor as may be indicative of inter-linkage of the manufacturing processes.
      This is neither an exhaustive list of indicators nor each indicator is necessarily in each case. The Commissioner has to decide the issued from case to case.

    2.3 Separate Registration is required for each depot, godown etc. in respect of persons issuing Cenvat invoices. However, in the case liquid and gaseous products, availability of godown should not be insisted upon.

    2.4 Registration Certificate may be granted to minors provided they have legal guardians i.e. natural guardians or guardians appointed by the Court, as the case may be, to conduct business on their behalf.
  3. Exemption from Registration

    3.1 The Central Board of Excise and Customs (CBEC), by Notification No. 36/2001-CE (NT) dt.26.6.2001, has exempted specified categories of persons/premises from obtaining registration, as follows:
    1. Persons who manufacture the excisable goods, which are chargeable to nil rate of excise duty or are fully exempt from duty by a notification.
    2. Small scale units availing the slab exemption based on value of clearances under a notification. However, such units will be required to give a declaration (Annexure-1)once the value of their clearances touches Rs.90 lakhs.
    3. In respect of ready-made garments, the job-worker need not get registered if the principal manufacturer undertakes to discharge the duty liability.
    4. Persons manufacturing excisable goods by following the warehousing procedure under the Customs Act, 1962 subject to the following conditions:
      1. the said excisable goods and any intermediary or by-product including the waste and refuse arising during the process of manufacture of the said goods under the Customs Bond are either destroyed or exported out of the country to the satisfaction of the Assistant Commissioner of Customs or the Deputy Commissioner of Customs, in-charge of the Customs Bonded Warehouse;
      2. the manufacturer shall file a declaration in the specified form annexed hereto in triplicate for claiming exemption under this notification;
      3. no drawback or rebate of duty of excise paid on the raw materials or components used in the manufacture of the said goods, shall be admissible.
    5. The person who carries on wholesale trade or deals in excisable goods (except first and second stage dealer, as defined in Cenvat Credit Rules, 2001).
    6.  A Hundred per cent Export Oriented Undertaking, or a unit in Free Trade Zone or Special Economic Zone licensed or appointed, as the case may be, under the provisions of the Customs Act, 1962.
    7. Persons who use excisable goods for any purpose other than for processing or manufacture of goods availing benefit of concessional duty exemption notification.

    3.2 The Drugs and Cosmetics Rule 1945 recognises the concept of loan licence in the manufacture of P or P medicines. As a result the system of accepting the said concept is still prevalent under excise law. In such cases the procedure prescribed under Notification no.36/2001-CE (NT) dated 26/6/2001 has to be followed. The principal manufacturer who has under-taken to comply with the procedural formalities will have to maintain separate accounts in respect of goods manufactured on his own account and goods manufactured on behalf of the loan licensee. However, the principal manufacturer has to aggregate the clearances made by him together with clearances made on behalf of the loan licensees with regard to eligibility as well as exemption limit. In other words the clearances made on behalf of the loan licensee have to be clubbed with that of the principal manufacturer (by the manufacturer from one or more factories and from the factory by one or more manufacturers).
  4. Application for Registration

    4.1 Under authority of Section 6 of the Central Excise Act, 1944 read with rule 9 of the said Rules, the CBEC has prescribed the format for Application as well as Registration Certificate. The application has to be made to the jurisdictional Central Excise Officer.

    4.2 The application for registration should be signed by:
    1. The applicant or by his authorised agent having general power of attorney. The Range Officer shall have power to call the original documents to verify ‘power of attorney’. Such document shall not be retained by the Range Officer but be returned immediately after verification.
    2. In case of unregistered partnership firms, by all partners.
    3. In case of registered partnerships, by the managing partner or other partner so authorised in the Partnership Deed.

    4.3 When a manufacturer who is exempt from the registration is required to file a declaration, the same will be filed with the Assistant Commissioner of the jurisdictional Central Excise Division.
  5. Fling of Declaration in lieu of registration

    5.1 The manufacturers who are exempted from the operation of Rule 9 by virtue of Notification no. 36/2001-Central Excise (NT) dt.26/6/2001 have to file a declaration with the Assistant Commissioner of the respective Divisions. Such declarations received from the assessee will have to be filed separately, tariff head-wise in the Divisional office. The details should be entered in the register to be maintained in the Divisional office in the enclosed proforma. Genuine delay in filing the required declaration need not be viewed seriously and the assessee may be allowed to enjoy the exemption from the operation of Rule 9 as well as from the payment of duty provided the conditions stipulated in the respective exemption Notifications have been duly fulfilled.
  6. Procedure of Issue of Registration Certificate

    6.1 Under the section 6 of the Central Excise Act, 1944 read with rule 9 of the said Rules, the CBEC, by notification, has specified the format for Application as well as Registration Certificate (Annexure 2 and 3, respectively). The format of application is common to manufacturers, private warehouse holders, and registered dealers issuing CENVATABLE invoice and persons who obtain goods by availing end-use based exemptions, including manufacturers or processors of export goods.

    6.2 In the application for Registration, the applicant has to submit ground plan. Under the Central Excise (No.2) Rules, 2001, there is no stipulation of any specified marked area for storing the finished goods (traditionally called the ‘bonded store room’). Thus there is no need for marking such area in the ground plan. The only verification that the jurisdictional officers should conduct that the premises mentioned in the application for registration, are genuine and are intended for the purposes for which the application has been made. Assessee, however, shall be responsible for proper storage and accountal of goods manufactured in his factory at any point of time.

    6.3 The verification shall be made by the Inspector or Superintendent of Central Excise having jurisdiction over the premises (Range Officer) in respect of which the applicant has sought registration, within 5 working days of the receipt of application. As per the rules/notification, the registration certificate shall be issued within 7 working days. The Range Officer (Superintendent) either himself or through the Sector Officer (Inspector) shall verify whether the declared address and operations (intended) are genuine and the declarations made in the application are correct. If found in order, he will endorse the correctness of the same and append his dated signature on the office copies of the Registration application and the copy of the application with the registrant. If any deviations or variations are noticed during the verification, the same should be got corrected. Any major discrepancy, such as fake address, non-existence of any factory etc. shall be reported in writing to the Divisional Officer within 3 working days and the Range Officer shall initiate action to safeguard revenue.
  7. Issue of Registration Certificate.

    7.1 All Registrations of each type should be numbered in a single series for the Range as a whole , commencing with serial no. 1 for each calendar year . The issuing authority should make every effort to complete all formalities and grant the Registration Certificate within 7 days of receipt of application in his office. Every Registration Certificate granted / issued by the registering authority shall be under his signature. He should also countersign the ground plan accompanying the Registration Certificate. The Registration Certificate and the duplicate copy of the plan should be returned to the registered person who shall exhibit his Registration Certificate or a certified copy thereof in a conspicuous part of the registered premises. The Registering authority in a permanent file shall keep the application as well as the ground plan.

    7.2 In case of partnership firms, the Registration Certificate which is granted in the name of the said firm [which is registered or not under the Partnership Act] shall contain the names of all the partners.

    7.3 The Registration Certificate or a certified copy thereof is required to be exhibited in a conspicuous part of the registered premises.
  8. Period of Validity of Registration

    8.1 Once Registration Certificate is granted, it has a permanent status unless it is suspended or revoked by the appropriate authority in accordance with law or is surrendered by the person or company concerned. If the person who applies for Registration with the department is an individual, then the Certificate would cease to be valid in the event of the death of the said individual. Any other person(s) who wish(es) to continue with the operations for which the deceased person was registered, he would then have to apply afresh. (See notification no. 35/2001-Central Excise (N.T.) dated 26th June, 2001.).

    8.2 In the case of limited company, death of a director would not affect the status of Registration, since Registration is issued to the body corporate recognizing the same as a legal person. In the case of partnership firms also normally no difficulty would arise with regard to succession, since the surviving partners will continue either in the same name or with the change of name the business. However, in the case of proprietary business when the proprietor dies, the successor in estate has to apply for a fresh Registration. Ordinarily fresh Registration would be issued to the person who happens to be in the actual possession of the business. However, grant of fresh Registration to the successor in estate shall not be regarded that the Government has accepted the said person as the legal successor/heir to the deceased.
  9. Surrender, Cancellation, Suspension or Revocation of Registration

    9.1 Registration Certificate may be surrendered as per application in prescribed form in Notification No. 35/2001-CE (N.T.) dated 26.6.2001 [Annexure-4]. This is subject to compliance of the statutory obligations under the excise law, particularly the payment of all dues to the Government including the duty on finished excisable goods lying in the factory/warehouse. In case of mis-declaration regarding compliance, the surrender of registration shall not be valid.

    9.2 Registration Certificate may be cancelled by the Registering authority when the registered person voluntarily surrenders the Certificate due to closure of business.

    9.3 As per rule 17 of the said Rules Registration Certificate may be revoked or suspended by the Deputy/Assistant Commissioner of Central Excise, if the holder or any person under his employ has committed a breach of any condition of the Central Excises Act or the rules made thereunder or has been convicted of an offence under Section 161 read with Section 109 or Section 116 of the Indian Penal Code [45 of 1860].

    9.4 Suspension or revocation of the Registration is a heavy punishment since it amounts to suspending or stopping the business and could result in grave damage to the person concerned. Hence this penalty should be resorted to only in cases where there is persistent misdemeanor involving serious loss of revenue.

    10.4 Though technically, a Registration Certificate can be suspended or revoked by the issuing authority, the power to revoke or suspend the Registration is vested only with the Deputy/Assistant Commissioner. In case of suspension or revocation, the Range Officer should refer the matter to the Deputy/Assistant commissioner who will pass appropriate orders after affording a reasonable opportunity. Appeal against this order lies with the Commissioner[Appeals] and this should be specifically spelt out in the order -in-original of the Deputy/Assistant Commissioner(Preamble).
  10. Lost Registration Certificates

    10.1 When a Registration Certificate is reported to be lost, the registered person shall submit a written application to the Range Officer for issuing a DUPLICATE REGISTRATION CERTIFICATE. The same shall be issued after making necessary entries in the record or logs in the computer data.
    An importer who intends to issue invoice under Cenvat Credit Rules, 2001, will have to Register himself in the manner specified earlier.
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