Guidelines for detailed scrutiny of Excise Returns issued by CBEC
Listen to this Article
Dear Professional Colleague,
Guidelines for detailed scrutiny of Excise Returns issued by CBEC
Background:
The Central Board of Excise and Customs (“CBEC” or “the Board”) vide Circular No. 185/4/2015-ST dated June 30, 2015 had laid down the procedure for carrying out detailed scrutiny of Service Tax Returns, to be followed by the Revenue with effect from August 1, 2015.
Now, on similar line, the Board has now issued instructions/ guidelines on detailed scrutiny of Central Excise Returns vide Circular No. 1004/11/2015-CX dated July 21, 2015 (“the Circular”)
In terms of the Circular, Return scrutiny is the first line of verification carried out as soon as the tax return is submitted by the assessee. A Return scrutiny process consists of two parts viz. Preliminary scrutiny (covers all the Returns filed online) and Detailed scrutiny (covers few Returns selected on the basis of identified risk parameters).
Gist of the guidelines for detailed scrutiny:
We are summarising herewith the gist of the guidelines issued vide the Circular for ease of understanding:
- Detailed scrutiny of a minimum of 2% and maximum of 5% of the total Returns received in a month shall be mandatorily performed by the proper officer;
- Selection of assessees by the Commissionerates for detailed scrutiny shall be based on Risk score and procedure for using it, as forwarded by DG (Audit) vide letter F. No. 381/20/2015 dated May 18, 2015;
- Chief Commissioners and Commissioners shall also have powers to manually select Returns for detailed scrutiny using such criteria as deemed fit to further complement the list of assessees selected on the basis of risk;
- Assessee selected for audit in a given financial year shall not be selected for detailed scrutiny;
- Once the Return of an assessee has been selected for detailed scrutiny, it should not be selected again for the next 12 months for detailed scrutiny;
- Most recent Return filed by that assessee should be used for conducting the detailed scrutiny;
- During the course of detailed scrutiny, the documents and records of assessees, where ever necessary, may be called for verification by proper officer;
- The ratio of Returns for Service Tax & Central Excise to be scrutinised in a composite range shall be in the ratio of the number of assessees registered as Service Tax and Central Excise assessees respectively.
To view the full Circular, please click on the link below:
http://www.cbec.gov.in/excise/cx-circulars/cx-circ15/circ1004-2015cx.htm
Hope the information will assist you in your Professional endeavours. In case of any query/ information, please do not hesitate to write back to us.
Thanks & Best Regards.
Bimal Jain
FCA, FCS, LLB, B.Com (Hons)
Delhi:
Flat No. 34B, Ground Floor, Pocket - 1,
Mayur Vihar, Phase - I,
Delhi – 110091, India
Desktel: +91-11-22757595/ 42427056
Mobile: +91 9810604563
Email: bimaljain@hotmail.com
Category : Excise | Comments : 0 | Hits : 1004
The scheme of levy and collection of Central Excise duty on articles of Jewellery is as under: (a) The levy and collection of Central Excise Duty is on the manufacture of Jewellery (excluding silver Jewellery, not studded with diamonds, ruby, emerald or sapphire). (b) It is applicable to both branded as well as unbranded Jewellery. (c) The rate of duty on the Jewellery are as follows: (i) 1% on transaction value [without Cenvat credit on inputs and capital goods...
Clarifications on Excise imposed on Jewellery The strike by bullion traders and jewellers continued for the 8th day to protest the Budget proposal to impose one per cent excise duty(without input tax credit) on Jewellery, despite the Centre's assurance that it would look into the issue. Most Jewellery houses are closed since the finance minister Arun Jaitley in his Budget proposal on February 29 levied 1% excise duty on Jewellery. Striking associations in different part of the country h...
Dear Professional Colleague, No bar on admissibility of Cenvat credit either as Inputs or Capital goods at any stage of proceedings We are sharing with you an important judgment of the Hon’ble CESTAT, Kolkata in the case of Tata Steel Ltd. Vs. Commissioner of Central Excise, Jamshedpur [(2016) 66 taxmann.com 76 (Kolkata - CESTAT)] on following issues: Issue: Whether rails and other track materials, namely, sleepers, paints and crossings etc. used for movement of raw materials, finish...
Cenvat credit admissible on services of sales commission agent Background: Even though the definition of ‘input services’ given under Rule 2(l) of the Cenvat Credit Rules, 2004 (“the Credit Rules”) covers the services of sales promotion in its inclusive part, eligibility to avail Cenvat credit on the services rendered by a commission agent has been disputed recently because of divergent judgments and views of the Department. In this regard, the Hon’ble Punjab &...
Cenvat credit on input services availed prior to initiation of manufacturing activity is admissible Shree Cement Ltd. Vs. Commissioner of Central Excise, Jaipur [2015 (63) taxmann.com 151 (New Delhi - CESTAT)] Facts: The Department denied the Cenvat credit on the ground that Shree Cement Ltd. (“the Appellant”) is not entitled to take Cenvat credit on Service tax on cargo handling service which has been distributed to the...


Comments