Recommendation of the Standing Committee on Finance on Demands-for-Grants
(1999-2000) of Ministry of Finance for multi-pronged strategy to check evasion
of central excise duty - Instructions
Circular
No. 460 dated 11th June 1999
I
am directed to say that the Standing Committee on Finance on Demands-for-Grants
(1999-2000) of Ministry of Finance (Department of Revenue) in its Twenty First
Report emphasized the need for evolving a multi-pronged strategy to check
evasion of central excise duty.
2.
In this regard, it is stated that the Board has issued several
instructions to streamline and strengthen the anti-evasion activity of the field
formations and for ensuring proper coordination by the Directorate General of
Anti-Evasion in respect of major anti-evasion initiatives. The anti-evasion
measures certainly provide buoyancy to the revenue collection though the same is
not quantifiable in real terms. Recognising this fact, the Standing Committee on
Finance has stressed upon evolving a multi-pronged strategy to check evasion of
duty. Accordingly, the Board has decided the following strategy:
Creation
of database and profile of each manufacturing unit/assessee by the
Commissionerates to facilitate scientific 'risk assessment' and a selective but
focused scrutiny of the activities and accounts of assessees falling in the
high-risk zone.
A
separate Action Plan in respect of the small-scale units should be drawn by the
Commissionerates with the following micro-level strategy:
Close
watch on the SSU Units whose turnover was very close to the threshold limit
specified in the exemption notification availed by them and ensuring that they
are legally entitled for exemption in the current financial year,
Effective
intelligence gathering of SSI units who are likely to fragment their unit or
create dummy unit or have already done so, to avail exemption,
Survey
of the SSI units working below the threshold limit, whether declarant or not, to
ensure that the value of clearances are not kept artificially low to illegally
avail the exemption.
(A senior officer, not below the rank of an Assistant Commissioner shall
directly supervise the operations)
Greater
emphasis on gathering of intelligence, its process and dissemination to
concerned offices for action shall be made, apart from initiation of action in
cases of multi-Commissionerates ramification by the Directorate General of
Anti-Evasion.
Evasion
prone commodities will be identified by the DGAE and circulated to all
Commissionerates.
Evasion
prone areas will be identified by each Commissionerate and surveillance should
be kept to prevent evasion,
Periodical
road checking, patrolling in evasion-prone industrial areas, and surprise
stock-verification in units manufacturing evasion-prone commodities (but keeping
the track record of a unit in mind) should be done.
Periodical
Special drives should be done for checking Modvat availment and utilization
especially physical verification of stocks of finished goods we well as the
inputs and capital goods to ascertain that the goods mentioned on the documents
(on the basis of which Modvat credit was availed) were actually received and
utilized/stocked in the factory.
Scientific
auditing of units selected on the basis of data and activities of a unit should
be done.
A
Selective but in-depth and scientific scrutiny of Monthly Returns, especially by
the senior officers to ensure zero-error assessment should be done. Revenue
trends of units for a period of three years should be analysed and the units not
showing the expected growth should be taken for in-depth scrutiny or audit or
preventive checks.
The
Regional DGAE office should hold quarterly meetings with the Commissioners of
each zone falling in their jurisdiction to chalk out the micro level strategy
and to identify any systemic modus operandi requiring a coordinated simultaneous
action to defect cases of evasion.
Prompt
reporting of any novel modus operandi by the Commissioners to the Director
General of Anti-Evasion should be done who in turn will issue "alert"
to all concerned and ensure quick action.
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