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TMI BlogDelay in issuing RC by excise departmentX X X X Extracts X X X X X X X X Extracts X X X X ..... Delay in issuing RC by excise department X X X X Extracts X X X X X X X X Extracts X X X X ..... y transferred in correct range by AC. SCE have raised certain issues in documents submitted by us which were duly attendedand solved by us thereafter. After two months of conducting PV, SCE sends a negative PV report citing reasons which were never ever discussed with us. We have already recieved an email informing us that our RC has been generated but AC is not ready to issue us RC unless he reci ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eves a positive PV report. Furthermore, he has not corrected the error of range in his system due to which systems shows that our RC is active in that wrong range. We have approached Commissioner also but no reply has been recieved by us till date. You all are requested to advice me on the following issues:1. Is the registration process under excise is a time barred process or excise officials can ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stretch it to any period of there choice.2. Can SCE report issues to AC before informing or discussing them with us.3. Is AC empowered to withhold our RC. As per ACES website, RC can be given even within 30 minutes of recieving documents that means issuing RC has nothing to do with PV as PV cannot be conducted within 30 minutes of filing application.4. Are we registered or not. As per systems dat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a, our registration is active.5. Who can correct the error of range in application. AC, SCE or Assessee. Please guide us with any legal remedy available to us. We are of the view that since excise officials have failed in accepting or rejecting our application therefore we are deemed to be registered. I also tried to find judicial decisions relating to this issue but couldnt find any. Please guide ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .ThanksRegardsChandan Garg Reply By Pradeep Khatri: The Reply: Dear Chandan, It is settled legal position that if RC is not granted within 7 days, then, it would be deemed to have been granted, if all the queries raised by the Department have been solved by the applicant. If Department is not listening or replying, then, you may file Writ Petition before jurisdictional Hon'ble High Court. Bu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t before taking any legal remedy, meet with Commissioner/Chief Commissioner of C.E.Department and clear your intention in writing that if no reply is given, then, you may take legal action by way of filing a writ petition. Regards, YAGAY and SUN (Management, Business and Indirect Tax Consultants) Reply By Chandan Garg: The Reply: Pradeep sir, thanx for your reply. Sir plz tell me if we have st ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arted our business activities and as passed on the duty credit...can excise department take any action against us. We have timely filed our excise return and is accepted on aces portal. Reply By Pradeep Khatri: The Reply: Dear Chandan, Do not worry, Department cannot take any action against you for their on default. Please keep all the correspondence, proof of date of visits to the Department in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tact for future use. Do your business with extreme peace of mind, as usual. Regards, YAGAY and SUN (Management, Business and Indirect Tax Consultants) Reply By Rakesh Chitkara: The Reply: I completely endorse Mr. Khatri's view. Department can not take any action against you for commencing your business activities and issuance of invoice before being granted RC. Did they issue any Objectio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n or Deficiency Memo ? Just relax and if you still do not get any meaningful response, write a letter to Commissioner by typing Cc to Finance Minister and wait for the results. (You don't actually have to send a copy to the FM) Reply By Chandan Garg: The Reply: No sir, we have note recieved any scn or deficiency memo.Sir, what can we do about the incorrect range in our application which is no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t yet rectified by the department? Reply By Pradeep Khatri: The Reply: Dear Chandan, Get it amended/corrected from your Jurisdictional Range Superintendent under intimation to existing Range Superintendent of C.E. Regards, YAGAY and SUN (Management, Business and Indirect Tax Consultants) Reply By mahesh mondal: The Reply: Mr. Garg, It is understood ( your reply dated 9th Nov-14), that you ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... are filing return thru ACES, that means you can view your RC online also. You may get three copy printout of RC and contact your Jurisdictional technical Superintendent for further signature of AC/DC.
Secondly you can correct your ranges online also.
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