The assessee is engaged in the business of coal trading. Importing coal from china or Australia and supplying to local manufacturing companies. the company got registration as dealer under central Excise.
After registered as dealer the company has issued Central Excise Invoices and CVD has passed.
REGISTRATION HAS RECEIVED FOR FLAT THERE IS NO VACANT LAND OR STOCK YARD FOR STORAGE OF COAL AS THE COMPANY IS NOT REQUIRED TO STORAGE OF COAL. THE COAL IS SUPPLIED TO BUYERS DIRECTLY FROM PORT.
NOW CENTRAL EXCISE RANGE SUP HAS RAISED OBJECTION THAT THERE IS NO VACANT LAND FOR STORAGE OF COAL SO YOU ARE NOT ELIGIBLE TO ISSUE EXCISE INVOICE AND ALSO NOT ELIGIBLE FOR PASSON CVD.
THE CENTRAL EXCISE SUP HAS GIVEN WARNING TO ISSUE NOTICES FOR PENALTY AS SERIOUS CONSEQUENCE.
PLEASE CLARIFY THE RANGE SUP ARGUMENTS ARE CORRECT. IF THE COMPANY HAS DONE ANY WRONG WHAT ARE THE CONSEQUENCES READY TO FACE.
THE COMPANY CAN FILE AMMENDEMENT FOR SHOWING STOCK YARD
PLEASE CLARIFY, HOW TO PROTECT THE COMPANY FORM THE DEPARTMENT PROCEEDINGS.
05 November 2011
It is not mandatory for dealer dealing in excisable goods to possess storage/warehouse for storing excisable goods as well removal of excisable under duty paid excise invoice.
Permanent office/establishment of assessee seking registration is necessary.
In view of above Amendment of dealer registration not necessary.
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