Central Excise Duty is levied in terms of the Central Excise Act 1944 and the Rates of Duty, ad valorem or specific, are prescribed under the Schedule I and II of the Central Excise Tariff Act, 1985.
							
						
						
					 
					
	
	
Brief history and developments
Administration of Central Excise
Tax payers' assistance and 
responsiveness
Part-II
An Overview Of Central Excise
	- Brief history and developments
 
 1.1 Central Excise duty is an indirect tax levied on goods manufactured in 
	India. The tax is administered by the Central Government under the authority 
	of Entry 84 of the Union List (List 1) under Seventh Schedule read with 
	Article 226 of the Constitution of India.
 
 1.2. The Central Excise duty is levied in terms of the Central Excise Act, 
	1944 and the rates of duty, ad valorem or specific, are prescribed under the 
	Schedule I and II of the Central Excise Tariff Act, 1985. The taxable event 
	under the Central Excise law is ‘manufacture’ and the liability of Central 
	Excise duty arises as soon as the goods are manufactured. The Central Excise 
	Officers are also entrusted to collect other types of duties levied under 
	Additional Duties (Goods of Special Importance) Act, Additional Duties 
	(Textiles and Textiles Articles) Act, Cess etc.
 
 1.3 Till 1969, there was physical control system wherein each clearance of 
	manufactured from the factory was done under the supervision of the Central 
	Excise Officers. Introduction of Self-Removal procedure was a watershed in 
	the excise procedures. Now, the assessees were allowed to quantify the duty 
	on the basis of approved classification list and the price list and clear 
	the goods on payment of appropriate duty.
 
 1.4 In 1994, the gate pass system gave way to the invoice-based system, and 
	all clearances are now effected on manufacturer’s own invoice. Another major 
	change was brought about in 1996, when the Self-Assessment system was 
	introduced. This system is continuing today also. The assessee himself 
	assesses his Tax Return and the Department scrutinises it or conducts 
	selective audit to ascertain correctness of the duty payment. Even the 
	classification and value of the goods have to be merely declared by the 
	assessee instead of obtaining approval of the same from the Department.
 
 1.5 In 2000, the fortnightly payment of duty system was introduced for all 
	commodities, an extension of the monthly payment of duty system introduced 
	the previous year for Small Scale Industries.
 
 1.6 In 2001, new Central Excise (No.2) Rules, 2001 have replaced the Central 
	Excise Rules, 1944 with effect from 1st July, 2001. Other rules have also 
	been notified namely, CENVAT Credit Rules, 2001, Central Excise Appeal 
	Rules, 2001etc. With the introduction of the new rules several changes have 
	been effected in the procedures. The new procedures are simplified. There 
	are less numbers of rules, only 32 as compared to 234 earlier. 
	Classification declaration and Price declarations have also been dispensed 
	with, the CENVAT Declaration having been earlier dispensed with in 2000 
	itself.
 
- Administration of Central Excise
 
 2.1 The Central Excise law is administered by the Central Board of 
	Excise and Customs (CBEC or Board) through its field offices, the Central 
	Excise Commissionerates. For this purpose, the country is divided into 10 
	Zones and a Chief Commissioner of Central Excise heads each Zone. There are 
	total 61 Commissionerates in these Zones headed by Commissioner of Central 
	Excise. Divisions and Ranges are the subsequent formations, headed by 
	Deputy/Assistant Commissioners of Central Excise and Superintendents of 
	Central Excise, respectively.
 
 2.2 For enforcing the central excise law and collection of Central Excise 
	duty the following types of procedures are being followed by the Central 
	Excise Department:
		- Physical Control – Applicable to cigarettes only. Here assessment 
		precedes clearance which takes place under the supervision of Central 
		Excise officers;
- Self-Removal Procedure – Applicable to all other goods produced or 
		manufactured within the country. Under this system, the assessee himself 
		determines the duty liability on the goods and clears the goods.
 
 
- Tax payers' assistance and responsiveness
 
 3.1 The CBEC have issued instructions from time to time for 
	rendering assistance to the taxpayers in the Commissionerates of Central 
	Excise and Divisional Offices. These offices are duty bound to provide 
	necessary guidance to the public in all matters concerning Central Excise 
	Law, procedure, tariff and exemptions etc.
 
 3.2 The Commissioners of Central Excise are required to post knowledgeable 
	officers of appropriate rank, senior Inspector or Superintendent to be 
	in-charge of "Tax-payers' Assistance Unit" in each Commissionerate and 
	Divisional headquarter. The officer will have easy access to the 
	Deputy/Assistant Commissioners, Additional/Joint Commissioners and 
	Commissioner to seek their advice and guidance on the spot in case of 
	genuine doubts.
 
 3.3 The "Tax-payers' Assistance Unit" in addition to rendering advice to the 
	assessees, should also help them in meeting the officer concerned for 
	necessary guidance, and clarification, where required.
 
 3.4 In order to have a responsive tax administration, the Board has decided 
	that all intimations, declarations and queries received from the Members of 
	trade and industry should be replied to in a time bound manner and with a 
	sense of responsibility and accountability. In order to achieve this, the 
	following directions have been issued to the Central Excise field 
	formations:
		- All declarations, intimations, etc. when send by FAX, e-mail, by 
		post or by Courier shall be accepted by the field formations.
- Appointments should be given on e-mail on request from the trade;
- All queries by e-mail should be accepted and the replies sent by 
		e-mail;
- Any query received from the trade must be answered within a maximum 
		of four weeks from the date of receipt
- To make e-mail an effective mode of communication between the 
		Department and the public, e-mail connectivity should be provided to all 
		offices in the field formations and properly maintained and wide 
		publicity of the e-mail address should also be given.