Ram kr. (Buisness) (883 Points)
10 April 2013
Dear Experts,
We are registered manufacturer and want to make a modern warehouse near outside the factory for finished goods due to shortage of space in our factory premises.
Kindly tell me main point under rule 4(4) for getting the permission from commissionor for finished goods.
Thanks
R.P.Singh
(Advocate & Consultant)
(1173 Points)
Replied 11 April 2013
Dear Sir,
Actually in Central Excise Law liability of payment of central excise duty arose on removal of the goods and duty payable on removal. So, No excisable goods on which any duty is payable, shall be removed without payment of duty from any place, where they are produced or manufactured, or from a warehouse. Rule 4 (4) is the exception of Rule 4 in which Commissioner has power to permit manufacturer to store his goods any other place outside the premises without payment of duty subject to conditions as may specify.
Now, question is that how you will get permission from commissioner. I think shortage of storage space is right reasoning for getting permission and you should file request letter along with certain supporting case law and Provisions. But As per my opinion getting permission from commissioner is not easy.
CAclubindia
