Introduction
Procurement of Central Excise
Stamps
Safety of stamps
Account of
Central Excise Stamps purchased and used
Time and manner of
affixing Central Excise Stamps
Method of packing
Disposal of
matches and of damaged Central Excise Stamps
Marking of Matches intended
for export
Removal of matches bearing Central Excise Stamps purchased on credit
PART V
MATCHES
- Introduction
1.1 The Board has issued Notification No. 50/2001-Central Excise (N.T.)
dated 26.6.2001 whereby under Rule 14 of the Central Excise (No.2) Rules,
2001 (hereinafter referred to as the ‘said Rules’), procedure for
procurement, accounting and disposal of Central Excise Stamps and matters
pertaining to production, storage, control, removal and payment of duty on
matches have been notified.
1.2 The payment of duty on the matches shall be by way of affixing the said
stamps on the goods.
- Procurement of Central Excise Stamps
2.1 Procedure for procurement of central excise stamps is, as
follows:
- All Central Excise Stamps shall be procured from a district Revenue
Treasury or Sub-Treasury.
-
- A registered person wishing to obtain Central Excise
Stamps for cash shall submit to the treasury a challan in
quintuplicate for the amount to be paid, specifying on the reverse
the number and class of Central Excise Stamps required, together
with their price. The treasury shall accept the amount specified in
the challan and shall return the duplicate, triplicate and
quintuplicate copies of the receipted challan to the registered
person.
- The registered person shall present duplicate and quintuplicate
copies of the challan to the Inspector or Superintendent in-charge
of the factory who, after satisfying himself about the correctness
of the amount remitted, shall return the quintuplicate copy to the
assessee with an endorsement to the District Revenue Treasury
Officer or Sub-Treasury Officer to issue the appropriate number of
Central Excise Stamps. The registered person shall present
quintuplicate copy with such endorsement to the District Revenue
Treasury Officer or Sub-Treasury Officer, who shall thereafter
supply the Central Excise Stamps to the registered person.
- A registered person wishing to obtain Central Excise Stamps on
credit shall execute a bond in the Form specified in Annexure 31 with
such surety or sufficient security as the Deputy/Assistant Commissioner
of Central Excise may require.
- When the provisions of sub-paragraph (c) have been complied with,
the Deputy/Assistant Commissioner of Central Excise shall, after due
inquiry, authorise the issue of Central Excise Stamps on credit to the
registered person and shall communicate the same to the District Revenue
Treasury Officer or Sub-Treasury Officer concerned and to the
Superintendent in charge of the factory with full particulars of bond
executed and the extent of credit granted. The number of Central Excise
Stamps to be supplied at a time shall not exceed the average out-turn of
the factory for a number of days, not exceeding thirty to be fixed by
the Deputy/Assistant Commissioner of Central Excise. However, the total
price of the unused stamps in balance with the registered person and of
those indented shall not be more than the security furnished.
- A registered person authorised to obtain Central Excise Stamps on
credit shall for each supply submit to the Superintendent in charge of
the factory a requisition in quadruplicate in the Form annexed as
Annexure 32. If satisfied that the details stated in the requisition are
correct the said officer shall retain the triplicate for his own record
and send the original, duplicate and quadruplicate to the District
Revenue Treasury Officer or Sub- Treasury Officer concerned, who shall
retain the original in his office, issue the number of Central Excise
Stamps required, return the duplicate, duly endorsed to the said officer
and send the quadruplicate copy to the Chief Accounts Officer of the
Commissionerate.
- Safety of stamps
3.1 The manufacturer shall keep all his Central Excise Stamps,
whether procured for cash or on credit, in a secure place within the factory
premises, and shall keep them open for inspection at any time by any
officer.
3.2 The inspector or Superintendent in charge of the factory may at any time
examine the stock of the Central Excise Stamps on any working day and check
the balance with that shown in the register and shall record the result in
the register. If any Central Excise Stamps procured on credit are missing or
unaccounted for, he shall call on the registered person to pay immediately
into the Treasury the full price thereof and to produce the treasury challan
within a week.
- Account of Central Excise Stamps purchased and used
4.1 The manufacturer shall maintain an account of quantity and
value of-
- Central Excise Stamps purchased for cash and on credit;
- Central Excise Stamps affixed on boxes or booklets;
- Central Excise Stamps damaged and handed over to the Inspector or
Superintendent in charge of the factory; and
- Central Excise Stamps lost in the process or not otherwise accounted
for.
4.2 The manufacturer shall submit to the Superintendent incharge of the
factory monthly return in the Form annexed as Annexure 33 before the
tenth day of the month following that to which the return relates.
- Time and manner of affixing Central Excise Stamps
5.1 As soon as possible, after matches are finished, they shall, unless
intended for export, be put into boxes or booklets which shall then,
save as otherwise provided by these procedures, be affixed with Central
Excise Stamps and enclosed in packets or other outer coverings as the
case may be.
5.2 Every Central Excise Stamp shall be so affixed that –
- the box or booklet on which the Central Excise Stamp is affixed can
not be opened without tearing the Central Excise Stamp;
- when it is affixed to a box, the Central Excise Stamp shall cover
one side of the inner tray and a part of the rear or bottom or front or
top of the outer box, and the Central Excise Stamp itself shall not be
covered by either the factory’s label or any advertisement label;
5.3 Where the matches are intended for export out of India, the Central
Excise Stamps need not be affixed thereto and, unless they are to be
exported without payment of duty in accordance with rule 19 of the said
Rules, the duty shall be paid by the assessee before removal of each
consignment by debit to the account current maintained by him.
5.4 Where the Board is satisfied that by reason of the fact that the
necessary Central Excise Stamps are not available or for any other
relevant reason it is necessary or expedient so to do, it may, by
general or special order, allow the duty on matches to be paid, without
affixing Central Excise Stamps to such box or booklet, by debit to the
account current before the removal of each consignment subject to any
condition which may be imposed in the order.
- Method of packing
6.1 No packet or case containing boxes or booklets of matches, other
than those intended for export out of India and those to which the
provisions of the paragraph 4(c) above apply, shall be closed and
reckoned as a unit unless a Central Excise Stamp of the appropriate
class has been affixed to each box or booklet in the specified manner.
6.2 Each case or packet shall contain only an integral number whether
one hundred boxes or booklets of matches or multiples thereof. The boxes
or booklets in each case or packet shall contain the same number of
matches on the average and shall, except where the matches are exempted
from bearing Central Excise Stamps, bear Central Excise Stamps of the
same class.
6.3 Every packet, box or booklet, or the manufacturers label affixed
thereto shall bear in clearly discernable characters, the name of the
factory or a distinguishing mark, which may take the form of a special
design whereby the origin of the matches can be traced. Specimens of all
such labels shall be submitted to the Superintendent in-charge of the
factory duly declaring the ownership of the label before that are
brought into use. In case, the label is owned by some other
manufacturer, a consent letter from the owner of the label duly
declaring the rate of duty applicable to him, should also be filed.
6.4 Each case or packet of matches shall be legibly marked in ink or oil
colour with progressive number, commencing with number 1, for each year
and in different series for each class of matches, the number of boxes
or booklets in hundreds contained in each case or packet and the grade
of Central Excise Stamps affixed thereto.
6.5 Every box or booklet of matches, issued for home consumption, shall
have on the box or booklet, or on the manufacturers label affixed
thereto, a statement in clearly discernable character of the sticks
contained in the box or booklet, and of the retail price at which the
manufacturer intends that the box or booklet should be sold. However,
the Deputy/Assistant Commissioner of Central Excise may, by an order in
writing and subject to such limitations and conditions, as may be
prescribed by him in the order, relax this requirement.
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Disposal of matches and of damaged Central Excise Stamps
7.1 If any Central Excise Stamps are torn during examination or
inspection taken up by the Inspector or Superintendent of Central
Excise, the said officer may order that the containers to which they are
affixed shall be returned to the registered person for re-stamping and
shall be replaced immediately by an equal number of boxes or booklets of
the same class from the finished stock.
7.2 If examination or inspection by the Inspector or Superintendent of
Central Excise shows that Central Excise Stamps of insufficient value
have been affixed, the said officer may order the boxes or booklets in
question to be returned to the factory, where the Central Excise Stamps
shall be removed and replaced by others of the proper value.
- Marking of Matches intended for export
8.1 All boxes or booklets containing matches intended for export and on
which no Central Excise Stamps have been affixed, shall be packed into
cases or packets on which shall be pasted labels inscribed " Matches not
affixed with Central Excise Stamps for Export" and shall be entered in
daily stock account maintained under rule 10 of the said Rules.
-
Removal of matches bearing Central Excise Stamps purchased on credit
9.1 When it is desired to remove matches bearing Central Excise Stamps
purchased on credit, the registered person shall, unless he maintains an
account current with the Commissioner, pay the price of the Central
Excise Stamps and no such matches may be removed until after the price
of the Central Excise Stamps has been so paid or has been debited to
such account current, if any.