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Date: 24-08-1995
Notification No: Central Excise Circular No 144/1995
Issuing Authority: Central Excise  
Type: Circular
File No:
Subject: Delegation of powers under various rules relating to Export Procedures
Delegation of powers under various rules relating to Export Procedures

Circular No. 144 dated 24th August 1995

I am directed to invite your attention to the enclosed copy of Chart showing delegation of powers under various rules relating to New Export Procedure for information.

DELEGATION OF POWERS UNDER VARIOUS RULES RELATING TO EXPORT PROCEDURES

 

 New Rules

Nature of power to be delegated

Officer to whom proposed to be delegated

Limitations  

1.

2.

3.

4.

1.

Rule 12 introduced by Notification No. 40/94- CE (NT) dated 22.9.94
 

(i) 

Satisfaction of Commissioner as to actual exportation of goods (proviso to sub-rule (i) of Rule 12 and sanction of rebate claim.) 

 

Assistant Commissioner Central Excise (Refunds) and jurisdictional Assistant commissioner.

 

--

 
 
 
 

(ii)

Extension of time limit for export vide clause (iii) to proviso to Notification No. 41/94-CE (NT) dated 22.9.94.

(i) Superintendent, Central Excise
  (Refunds).

From 6 months to 1 Year.

(ii) Assistant Commissioner,
 Central Excise (Refunds)

--

 

 (iii) Jurisdictional Assistant    Commissioner

--

(iii)

Satisfaction of the Commissioner as to the market value of goods vide clause (v) & cancellation of export documents vide clause (viii) of proviso to Notification No. 41/94-CE (NT) dated 22.9.94.

Assistant Commissioner (Refunds) and Jurisdictional Assistant Commissioner.
 
 

--

 

 

 

 

(iv)

Powers of commissioner with regard to the declaration filed by the party describing the finished goods [clause (i) of proviso to Notification No. 42/94-CE (NT)], Power to Commissioner for samples [clause (ii) and power to permit manufacturer to remove the material (clause iv)].

Jurisdictional Assistant Commissioner.
 
 
 
 
 

--

 

 

 

 

 

 

(v)

Satisfaction of the Commissioner reg. the amount of duty paid and date of payment and amount of rebate admissible vis-a-vis market value of goods [clause iv and v of Notfn. 43/94-CE (NT) dated 22.9.94].

Assistant Commissioner (Refunds) and Jurisdictional Assistant Commissioner.
 
 

--

 

 

 

 

(vi)

Same as above vide clause (iv) and (viii) of Notfn. No. 44/94-CE (NT) dated 22.9.94.

Assistant Commissioner (Refunds) and Jurisdictional Assistant Commissioner.

--

 

(vii)

Satisfaction of the Commissioner as to whether goods are exported within the specified time limit vide clause (vi) of Notification No. 44/94- CE (NT) dated 22.9.94.

(i) Superintendent (Refunds)
(ii) Assistant Commissioner   (Refunds)
(iii) Jurisdictional Assistant Commissioner

6 months to 1 year. 
More than 1 year.
 

(viii)

Satisfaction of the Commissioner as to the market value of goods vis-�-vis rebate claims under clause (v) of Notification No. 46/94-CE (NT) dated 22.9.94.

Assistant Commissioner (Refunds) and Jurisdictional Assistant Commissioner
 

--

 

 

 

2.

Rule 13 introduced by Notification No. 40/94-CE (NT) dated 22.9.94 

(i)

(ii)

Acceptance of individual bonds (B1) Security/ Surety.

Acceptance of proof of export in respect of each bond.

(i) Superintendent (Bonds) and   Jurisdictional
(ii) Assistant Commissioner (Bonds)
(iii)  Jurisdictional Assistant Commissioner

Upto   Rs. 25,000/-
Rs. 25,000/-

(iii) 

Commissioner's Powers under Notfn. No. 47/ 94- CE (NT) dated 22.9.94 to permit manufacturers in bond, removal of materials etc.

Jurisdictional Assistant Commissioner.
 

--

 

 

(iv) 

Commissioner's power to relax time limit for exportation vide clause (iii) of Notification No. 48/94-CE (NT) dated 22.9.94.
 
 
 
 

(i) Superintendent (Bonds)
(ii) Assistant Commissioner   (Bonds)

(iii) Jurisdictional Assistant Commissioner

6 months to 1 year. 
More than 1 year 

--

 
 

Rule 13 introduced by Notification No. 40/94-CE (NT) dated 22.9.94

 

Execution of bond by the exporter vide clause (ii) of Notification No. 48/ 94-CE (NT) dated 22.9.94
 

Supdt. Jurisdictional Assistant Commissioner
Assistant Commissioner (Bonds)

Individual security bond

---

 

Para 2 (v)

 

Satisfaction of Commissioner regarding export of goods vide condition (iv) of Notification No. 48/94-CE (NT) dated 22.9.94.

 

 

 

       

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