TO
BE PUBLISHED IN PART II, SECTION (3), SUB-SECTION (i) OF THE GAZETTE OF INDIA,
EXTRAORDINARY, DATED THE 26TH
JUNE, 2001
5 ASADHA, 1923 (SAKA)
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
***
New Delhi, dated the 26th June, 2001
5 Asadha, 1923 (Saka)
NOTIFICATION
No.35/2001-CENTRAL EXCISE (N. T.)
G.S.R (E). In exercise of powers conferred by rule 9 of the Central Excise (No.2) Rules, 2001, (hereinafter referred to as the said rules) the Central Board of Excise and Customs hereby specifies the conditions, safeguards and procedures for registration of a person under the said rules and exemptions from registration in specified cases: -
(1)
Application for registration: Every
person specified under sub-rule (1) of rule 9, unless exempted from doing so by
the Board under sub-rule (2) of rule 9, shall get himself registered with the
jurisdictional Superintendent of Central Excise by applying in the form
specified in Annexure-I;
(2)
Registration of different premises of
the same registered person: If the person has more than one premises
requiring registration, separate registration certificate shall be obtained for
each of such premises.
(3)
Registration Certificate and Number: Registration Certificate in the Form
specified in Annexure-II containing registration number shall be granted within
seven days of the receipt of the duly complete application.
(4) Transfer
of Business: Where a registered person transfers his business to another
person, the transferee shall get himself registered afresh.
(5) Change in the Constitution:
Where a registered person is a firm or a company or association of
persons, any change in the constitution of firm, company or association, shall
be intimated to the jurisdictional Central Excise Officer within thirty days of
such change.
(6)
De-registration: Every registered
person, who ceases to carry on the operation for which he is registered, shall
de-register himself by making a declaration in the form specified in
Annexure-III and depositing his registration certificate with the
Superintendent of Central Excise.
(7)
Revocation or suspension of
registration: A registration certificate granted under this rule may be
revoked or suspended by the Assistant Commissioner of Central Excise or the
Deputy Commissioner of Central Excise, if the holder of such certificate or any
person in his employment, is found to have committed breach of any of the
provisions of the Act or the rules made thereunder or has been convicted of an
offence under section 161, read with section 109 or with section 116 of the
Indian Penal Code (45 of 1860).
Annexure-I
FORM A-1
Application for Registration to cure/produce/manufacture/conduct
wholesale trade/act as a broker
or commission
agent/obtain excisable goods, for industrial purpose etc.
[ Rule 9 ]
(Delete the letters and words not applicable)
To
The Superintendent of Central Excise,
Sir,
I/We_____________________________Son/Daughter(s)
of___________________ residing at ____________________hereby request that I/We
_______________________ may be issued a registration certificate under Rule 9
for the purposes indicated in the schedule. Other details required are also
furnished in the schedule.
2. I/We___________________
agree to abide by all the terms and conditions of the registration which may be
imposed from time to time.
3.
I/We_________________________ agree to abide by all the provisions of Central
Excise (No.2) Rules, 2001 and any orders issued thereunder.
4. I/We_________________
declare to the best of my/our knowledge and belief the information furnished
herein is true and complete.
Place:
Date: Signature
of the applicant
(Signatures)
..tear here
Received an application for
Registration from Ms./Mr./Smt. __________________ Son/Daughter of
__________________ for registration under Rule 9
Date: Rubber
stamp of the officer
receiving the
application.
SCHEDULE
1. Name and address of the person
applying
for the registration :
2. Details of the premises where the activity proposed
is to be carried on :
(attach
details of plan of Building/Plant/Machinery etc.)
3. Details of the proprietors/all partners/Directors
of the company including :
(a) Name(s)
(b)
Address(es)
(i) Official
(ii)
Residential
(c) Income
Tax No./Nos.
4.
|
Sl. No. |
Description of Excisable goods |
Tariff Classification |
The purpose for which the registration is sought for |
Remarks |
5. In case the application is for obtaining excisable
goods to be used for special industrial purposes,
additional details as below may be furnished.
(i)
Estimated quantity of each case :
of goods and value of such goods
likely
to be used during the year
(ii)
Commodities to be manu- :
factured
and issue of each
commodity
during the year
(iii) Manner
of manufacture :
(iv) Purpose to which :
manufactured product
is
supplied
(v) Source from which excisable :
goods will
be obtained
(vi) Remarks :
6. In case the application is for obtaining permission
for warehousing, additional details in the format
furnished below may be given:
1. Village/town
2. District
_________________________________________________________________________________
Distinguishing letter or number or Detailed description of
each Purpose of each
letter and number of each
_________________________________________________________________________________
3. Description of each main :
division or
sub-division of the
warehouse
or store-room
4. Area and total storage capacity :
5. Varieties of excisable product to :
be stored
6. Estimated quantity of each :
variety of
such products to be
stored
during each financial year:
Original (for applicant)
Duplicate (for Division)
Triplicate (for Range)
Proforma of
Registration Certificate
Sr. No.
Range:
Division:
Commissionerate:
Registration
Certificate to cure, produce, manufacture, carry on wholesale
trade/business/broker or commission agent or otherwise deal in excisable goods,
act as a user of excisable goods for special industrial purposes (See Rule 9)
(Delete the
letters/words not applicable)
1. .......................
of ..................... having undertaken to comply with the conditions
prescribed in the Central Excise Rules, 2001 and any orders issued thereunder
is hereby certified to have been registered with the Central Excise Department
to undertake activities as detailed in the Schedule.
2. Certificate is valid
only for the premises and purposes specified in the Schedule and for no other
purposes and premises.
3. Registration certificate is not transferable.
4. No corrections in the
certificate will be valid unless ordered and attested by the Superintendent of
Central Excise.
5. This certificate shall
remain valid till the holder carries on the activity for which a certificate
has been issued or surrenders the certificate whichever is earlier.
6. The grant of this
certificate shall be without prejudice to the rights of any other person over
the registered premises or purpose to which such person may be lawfully
entitled.
SCHEDULE TO
REGISTRATION CERTIFICATE
1. Name and address of the person to whom the
registration certificate has been granted:
2. Address and specification of the premises :
3. Sl.
Description of Purpose for
Remarks
No. Excisable goods which registered
_____________________________________________________________________________
Place:
Date : Signature
of the registering Authority
To
The Superintendent of Central Excise,
(Address of the Range)_____________
_____________________________________
I/We, _________________________________ of M/s
________________________,
duly authorised in this
behalf by the proprietor/ firm/company
declare that we do not require registration with the Central Excise and
therefore hereby surrender and deposit
with you the original copy of the Registration Certificate No.
________________________ issued to me on _______________ (date) in terms of the provisions of rule 9 read
with notification No. ___________________ dated ___________ .
I/We further declare that duty has been paid in respect of all
excisable goods manufactured and remaining in the factory, which are liable to
duty.
I/We also declare that there is no government due pending against
us and that there is no demand pending against us under Central Excise Act,
1944 (1 of 1944) and rule made thereunder pending as on the date of
surrendering the Registration Certificate.
Signature of the Registrant or the authorised signatory
with full name, date and seal.
Acknowledgement
I hereby acknowledge
receipt of Registration Certificate No.____________________ in original. Surrender
of registration shall be subject to correctness of the declaration made
above.
Superintendent of Central Excise
with full name, date and seal.
2. This notification shall come into force on 1st July,
2001.
F. No. 201/12/2001-CX.6
(P.K. Sinha)
Under Secretary to the Government of India