27 July 2011
Dear CCI Experts We are Central Excise Registered Dealers.. We are Import the Goods from the Australia. and Sell the goods in India. and we pass on the CVD to our customers. What the procedure for Documentation , When the Imported Goods are Return to the suppliers....? We are Return the Material to suppliers for the Reason of Non-Moving Material.
The exempted units desirous of exporting their goods are required to file declaration under notification no. 13/92- CE (NT) dated 14.5.92 as amended by Notification 22/98 CE (NT) and obtain declarants code number. The code number is to be mentioned in all the clearance documents which are pre-authenticated by the manufacturer or his authorised agent. In case of export through merchant exporter, the clearance documents shall be marked ‘Export through merchant exporter’ and the merchant exporter’s export - import Code number should also be mentioned. The exempted units are required to maintain simple account of production and clearance and they shall file a quarterly statement to the jurisdictional Range Superintendent and also submit proof of export. Information to be given on AR-4.
The exporter is required to give the following information on the AR-4 form
running sl. No. of the AR-4 beginning from each financial year; scheme under which export has been made, i.e. value based advanced licensing scheme/ quantity based advanced licensing scheme/ under claim for duty drawback etc.; whether the exported goods have been manufactured availing/without availing Modvat credit under Rule 57A; and particulars of bond executed or the duty debit particulars as the case may be.
please noted that:-
SIMPLIFIED EXPORT PROCEDURE FOR EXEMPTED UNITS
Units, which are fully exempted from payment of duty by a notification granting exemption based on value of clearances for home consumption, may be exempted from filing ARE.1 and Bond till they remain within the full exemption limit. The following simplified export procedure shall be followed in this regard by such units: - Filing of declaration
Manufacturers exempted for payment of duty will not be required to take Central Excise Registration. They shall however, file a declaration in terms of Para 2 of Notification No. 36/2001-CE (NT) dated 26.6.2001, and obtain declarant code number [notwithstanding they are exempted form declaration, but for this procedure]. Documentation
The clearance document will be, as follows: Such manufacturers are permitted to use invoices or other similar documents bearing printed Serial Numbers beginning from 1st day of a financial year for the purpose of clearances for home consumption as well as for exports. (The printing of Serial Numbers can be done by use of franking machine). The invoices meant for use during a month shall be pre-authenticated by the owner or partner or Director/Managing Director of a Company or other authorised person.
The declarant's Code Number should be mentioned on all clearance document. Such clearance document should contain particulars of the description of goods, name and address of the buyer, destination, value, [progressive total of total value of excisable goods cleared for home consumption since beginning of the financial year], vehicle number, date and time of the removal of the goods. The clearance document will be signed by the manufacturer or his authorised agent at the time of clearance.
In case of export through merchant exporters, the manufacturer will also mention on the top "EXPORT THROUGH MERCHANT EXPORTERS" and will mention the Export-Import Code No. of such merchant exporters. In case of direct export by the manufacturer-exporters, he will mention on the top "FOR EXPORT" and his own Export - Import Code No., if any.Records
Such units shall maintain a simple record of quantity and value of production and clearance. Entries in production record should either be allowed to be made at the close of the day or before the commencement of the production on the following day. Entries need not be made on days when there is no production or clearance of goods.
Statement
Such units shall file a prescribed quarterly statement to the Jurisdictional Range Superintendent containing various particulars. (Annexure-20) Proof of Export
Following documents shall be accepted as proof of export :
In the case of direct export by the Manufacture- exporter Duly attested photocopy of shipping bill (Export Promotion Copy) bearing the particulars and date of clearance document under which the goods are cleared from the factory of production, having endorsement on its reverse by the Customs of the particulars of mate's receipt no. (wherever applicable), name of the ship/ flight no., of the aircraft, vehicle no. - by which the goods were exported out, date of export, and EGM Number/ Airway Bill Number (wherever applicable);
Duly Custom's attested copy of Bill of lading; and
Foreign Exchange Remittance Certificates.
In the case of export through Merchant-exporter the document prescribed by Sales Tax Department will be accepted as the proof of export. Sales made by manufacturer of the goods' to the merchant exporter which ultimately are exported are exempt from Central Sales Tax. The Sales Tax Department issues booklet to the merchant exporters containing serially numbered H-Forms/ST-XXII form or equivalent Sales Tax form. After the goods have been exported by the merchant exporters, the latter issues these forms to the manufacturers of the goods. The merchant exporters in turn have to account all these serially numbered forms to the sales Tax Department by furnishing a proof that the goods have been exported out. These proofs are in the from of presentation of the Shipping Bill duly completed by the customs, bill of landing, foreign exchange remittance certificates etc. The liability of the manufacturers to the Central Sales Tax gets discharged only when they submit these forms to the Sales Tax Department. It is, therefore, seen that indirectly exports get accounted for through the issue of H-form or ST-XXII Form. Thus, photocopy of H-form or ST-XXII Form or any other equivalent Sales Tax form duly attested and stamped by the manufacturer or his authorised agent will be accepted for purpose of proof of export.
Submission of proof of export and processing thereof
The proof of export should be submitted to the Range Officer within a period of 6 months from the date of clearance of goods from the factory of production.
If Range Superintendent finds that the clearances for home consumption, and the clearances for export where proof of exports have not been furnished within 6 months, when taken together, are likely to exceed the exemption limit (which is presently Rs. 100 lakhs for home consumption), he should issue show cause notices for safeguarding revenue. These show cause notices, however, should be kept pending for another three months by which time proof of exports are expected to be received.
The Range Superintendent will maintain manufacturer wise record on the basis of the quarterly return and the proof of exports submitted by the manufacturer from time to time in order to ascertain that the clearances for exports and the proofs of exports are duly accounted for and in case of failure on the part of exporter to submit proof of export, necessary action can be initiated promptly on the lines already mentioned in the above para.
In case clearances of such manufacturers for home consumption plus clearance for export where proof of export were not furnished within 6 months, exceed the exemption limit, they should take Central Excise Registration and follow the regular A.R.E.1 procedure.
This procedure will also be applicable to exports of ready-made garments.
CAclubindia
