Regarding instructions to field formations on the changes brought about
in Central Excise procedures
Circular
No. 62dated 26th September 1994
A
number of changes have been made in Central Excise Procedures since the
presentation of the Budget 1994-95. They include:
(i)
Assessment on invoice value;
(ii)
Extension of the Modvat Scheme to invoices issued by dealers; and
(iii)
Modvat on capital goods obtained on hire purchase or lease.
2.
As regards assessment based on invoice a Circular has already been issued
from F.No.212/3/94-CX-6 (No.45/45/94-CX-6 dated 4.7.94) requesting to furnish
evaluation reports on assessment of RT-12 Returns for the month of April-May
1994 alongwith suggestions. Except from few Collectors, no such report has been
received.
3.
As regards (iii) above, the issue of difficulties faced in the
implementation of the aforesaid procedures was also highlighted in Customs and
Central Excise Advisory Council's meeting held on 14.9.1994 wherein it was
informed by trade associations that wherever he objections are taken against the
assessees claims of Modvat on capital goods the same should be discussed with
the jurisdictional Collector of Central Excise. This suggestion has been
accepted by the Board.
4.
Since the amount involved in the Modvat on capital goods may be
substantial and at the same time no undue harassment is to be caused to
manufacturers, Board has decided that instructions may be issued to field
formations to the effect that assessment of RT-12 Returns should be done
expeditiously and that to only after verification of the duty paying documents
on the capital goods, the Modvat credit accumulated, the goods produced during
the month by use of capital goods, the duty calculated on the latter and the set
off of this duty against the accumulated modvat credit.
5.
An evaluation report alongwith views and suggestions, if any, and the
statistical data of Modvat credit taken on capital goods and misuse
detected, if any, should be furnished to the Board within a fortnight of receipt
of this Circular and thereafter on monthly basis.
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