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TMI BlogSupersedes Notification No 5/2012-C.E.(N.T.) dt 12.03.2012;Chief Commissioner of Central Excise to order withdrawal of facilities or impose the restrictions as specifiedX X X X Extracts X X X X X X X X Extracts X X X X ..... rsession of the notification of the Government of India in the Ministry of Finance, Department of Revenue, No. 05/2012-Central Excise (N.T.), dated the 12th March, 2012, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 140(E), dated the 12th March, 2012 , except as respects things done or omitted to be done before such supersession, the Central Government hereby declares that 1 [where a manufacturer, registered importer,] first stage or second stage dealer, or an exporter including a merchant exporter is prima facie found to be knowingly involved in any of the following :- (a) removal of goods without the cover of an invoice and without payment of duty; (b) removal of goods w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of removal of goods; (ii) payment of duty of excise by utilisation of CENVAT credit may be restricted and the assessee shall be required to pay duty of excise without utilising the CENVAT credit; (iii) the assessee may be required to maintain records of receipt, disposal, consumption and inventory of the principal inputs on which CENVAT credit has not been taken; (iv) the assessee may be required to intimate the Superintendent of Central Excise regarding receipt of principal inputs in the factory on which CENVAT credit has or has not been taken, within a period specified in the order and the said inputs shall be made available for verification upto the period specified in the order: Provided that where a person is found to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on granted under rule 9 of the Central Excise Rules, 2002 for a specified period. (3) During the period of suspension, 3 [the said registered importer or dealer] shall not issue any Central Excise Invoice: Provided that he may continue his business and issue sales invoices without showing duty of excise in the invoice and no CENVAT credit shall be admissible to the recipient of goods under such invoice. (4) Where a merchant exporter is found to be knowingly involved in committing the type of offence specified in clause (f) of para 1, the Chief Commissioner of Central Excise may order withdrawal of the self sealing facility for export consignment and each export consignment shall be examined and sealed by the jurisdictional Cen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ich the restrictions shall be operative: Provided that the Chief Commissioner of Central Excise, before issuing the order, shall give an opportunity of being heard to the person against whom the proceedings have been initiated and shall take into account any representation made by such person before he issues the order. 5. Proposals which are pending before the officer authorized by the Central Board of Excise and Customs or the Director General of Central Excise Intelligence in terms of notification no. 05/2012-Central Excise (N.T.), dated the 12th March, 2012 , on the date of coming into force of this notification, shall be transferred to the Chief Commissioner of Central Excise, who shall decide the same in accordance with the pr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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