ICSI Professional Examination

ICSI Professional June 2011

Q 4(a) Choose the most appropriate answer from the given options in respect of the following - (i) Under rule 15 of the Central Excise Rules, 2002, compounded levy scheme is presently applicable to - (a) Pan masala (b) Gutkha (c) Chewing tobacco (d) Aluminium Circles (ii) Under section 27A of the Customs Act, 1962, interest on refunds is payable, if refund due is not disbursed within - (a) 3 Months from the date of application (b) 6 Months from the date of application (c) 3 Months from the date of order granting refund (d) 6 Months from the date of order granting refund (iii) Effective rate of customs duty on general baggage is (a) 150% (b) 100% (c) 35% (d) 10% (iv) With the sanction of the proper officer and on payment of prescribed fees, the owner of an goods after warehousing - (a) Cannot inspect the goods (b) Can show the goods for sale (c) Cannot sale, export or dispose off the goods (d) Cannot separate damaged or deteriorated goods from the rest (v) The books of account or other documents, seized by the Central Excise Officer shall be returned within - (a) 6 months of seizure of documents (b) 90 days of issue of show cause notice (c) 30 days of issue of show cause notice (d) 60 days of issue of show cause notice 1 mark each]

Q 4(b) Re-write the following sentences after filling-in the blank spaces with appropriate word(s)/figure(s) - (i) Application for settlement commission can be made only when a case is pending before ___________ on the date of application (ii) In the case of goods imported by post, any label or declaration accompanying the goods showing the contents, description, quantity and value shall be treated as ___________ (iii) Shipping Bill for export of goods under claim for duty drawback should be in ___________ colours (iv) Section 117 of the Customs Act, 1962 provides general penalty to a person who contravenes any provisions of the Act or abates in contravention and if no penalty has been prescribed, the penalty would be upto ___________ (v) Under section 35B of the Central Excise Act, 1944, any person aggrieved by any decision or order passed by the Commissioner (Appeals) may appeal to CESTAT within ___________ from the date of communication of the order contested (1 mark each).

Q 4(c) Discuss in brief whether CENVAT credit will be admissible in following cases - (i) Inputs gone in process loss (ii) Cement used for installation of machinery (iii) Accessories cleared along with the final product (iv) Paints used in factory to protect plant (v) Tubes and pipes used in the factory (1 mark each).

Q4(d) When does e-filing of return become mandatory under the Central Excise Rules, 2002? (5 marks).

Q5 (a) Priya and Co. manufactured 1,000 units of product P, out of which 800 units were cleared to a sister unit for captive consumption and balance 200 units were lying in stock. Computer assessable value foe central excise purposes of product P from the following particulars - * Cost of production of 1,000 units as per CAS-4 - ` 7,90,000 * Profit margin as per annual report of the company - 12% on cost * selling price per unit (excluding excise duty and other taxes - ` 900. - - What will be your answer, if balance 200 units were sold to an unrelated buyer @ ` 925 per unit on the same day? Give reasons for your answer (5 marks)

Q5(b) Bholaram imported certain goods in November 2009 and an ‘into bond’ bill of entry was presented on 28th November, 2009. Assessable value was USD 1,00,000. Order permitting the deosit of goods in warehouse for three months was issued on 2nd December, 2009. Bholaram neither obtained extension of warehousing nor cleared the goods within the permitted warehousing period of 1st March 2010. Only after a notice was issued under section 72 of the Customs Act, 1962 demanding duty and other charges, Bholaram removed the goods on 15th April, 2010. Compute the amount of duty payable by Bholaram while removing the goods from warehouse assuming that no additional duty on special additional duty You are supplied with the following information - (a) Rate of exchange per USD on 28-10-2009 - ` 46, on 1-3-2010 - ` 45 and on 15-4-2010 - ` 44. (b) Rate of basic customs duty on 28-10-2009 - 15%, on 1-3-2010 - 10% and on 15-4-2010- 5% (5 marks)

Q5(c) What is the remedy available to an assessee aggrieved by following decisions/orders in each separate case - (i) adjudication order passed by Additional Commissioner of Central Excise (ii) adjudication order passed by the Commissioner of Central Excise (iii) Order passed by the Commissioner (appeals) relating to rebate of duty of excisable goods exported outside India (iv) Order passed by the Tribunal relating to penalty (1 mark each).

Q 6 (a) The assessee, a manufacturer of small juicer, used to avail of he benefit of SSI exemption. The said goods were sold under their wn brand name ‘Fatafat’. However, in case of sale to Small Tele Shopping (STS), who were further selling the product through tele-shopping network, the supervisors of STS used to examine the goods and affix a sticker thereon containing he name of STS. The department denied the SSI-exemption in respect of goods bearing the name/symbol of STS contending that the same amounts to affixation of brand name so as to dis-entitle the exemption. Discuss in the light of decided case law, if any, whether contention of the department is tenable in law (5 marks) (b) Is the port trust liable to pay duty on goods pilfered while in their possession? Explain in brief under the customs Act, 1962 (5 marks) (c) What is ad hoc exemption under the Customs Act, 1962? Can it be granted even after duty is paid? (d) What is ACES? Discuss briefly (2 marks)

Q 7 (a) What are the conditions governing refund of import duty under section 26A of the Customs Act, 1962? Explain briefly (5 marks)

Q7(b) Distinguish between the following - (i) Export under bond by ‘merchant exporter’ and ‘manufacturer exporter’ under rule 19 of the Central Excise Rules, 2002 (ii) ‘Brand rate’ and ‘special brand rate’ for duty drawback (4 marks each)

Q7(c) Can an application for advance ruling be made by the following - (i) Government department (ii) A resident importing goods under the project import scheme (1 mark each).

ICSI Professional December 2010

Q4. (a) Choose the most appropriate answer from the given options in respect of the following : (i) For charging excise duty, ‘goods’ must fulfill following conditions — (a) It must be moveable (b) It must be marketable (c) It must be specified in the central excise tariff (d) All of the above. (ii) In the case of products covered by maximum retail price (MRP) specifications, the assessable value will be calculated on the basis of — (a) Transaction value (b) MRP less abatement (c) MRP (d) Percentage of tariff value. (iii) The CENVAT credit can be carried forward and utilised upto — (a) One year (b) Five years (c) Ten years (d) No time limit (iv) Warehousing facility is not availed of for the following reasons — (a) The importer may not require the goods immediately (b) The importer wants to avoid heavy demurrage charges imposed by the port (c) The importer may not have enough funds to make payment of duty immediately (d) None of the above. (v) Under section 25(1) of the Customs Act, 1962, an ad hoc exemption cannot be granted to the following items –– (a) Life saving drugs (b) Article imported for handicapped persons (c) Import of software (d) Import by Indian Navy. (1 mark each)

Q4(b) Re-write the following sentences after filling-in the blank spaces with appropriate word(s)/figure(s) : (i) Service tax is levied on services provided within the territory of India including territorial waters of India extending upto ___________ (under International Sea Act). (ii) ‘Labelling or re-labelling’ of containers and re-packing from bulk packs to retail packs of natural or artificial mineral waters shall amount to ___________. (iii) When the goods manufactured are not sold but are re-used in the factory for the manufacture of other articles, the value for the purpose of excise shall be ___________ of the cost of production. (iv) As per section 13 of the Customs Act, 1962, duty is payable at the rate of ___________ if any goods are pilferred after the unloading and before order of clearance. (v) If the goods are re-imported within one year from the date of exportation, an application for refund of duty shall be made within ___________ from the date on which proper officer makes an order of clearance. (1 mark each)

Q4(c) Bharat Export Corporation gets its product manufactured on job work basis from Softex Ltd., an independent processor. The details of the transactions are as follows : Particulars Amount (Rs.) - Cost of materials sent to job worker for processing 25,000,  Processor’s charges (including Rs.7,000 as processing charges and Rs.5,000 as its profit) 12,000,  Transport charges for receiving goods at the premises of the processor 1,000. After processing, the goods are sold by Bharat Export Corporation at Rs.58,000 from the premises of Softex Ltd. Determine the assessable value of the goods under section 4 of the Central Excise Act, 1944. (5 marks)

Q4(d) Explain the provisions for claiming drawback of duty paid on imported goods when they are re-exported. (5 marks)

Q5. (a) Examine briefly, whether the process of commercial duplication by which a blank CD is transformed into software loaded marketable CD constitutes manufacturing or processing of goods ? Support your answer with recent judicial pronouncement. (5 marks) (b) Define the term ‘classification’ and indicate briefly its salient features in the context of excise law(5 marks) (c) What are the conditions for claiming refund of import duty under the newly inserted section 26A of the Customs Act, 1962 ? (5 marks)

Q6(a) Pawan, a manufacturer, purchased certain inputs from his supplier Binod. The assessable value was Rs.2,00,000 and the central excise duty was calculated at Rs.32,960. Thus, the total purchase invoice was for Rs.2,32,960. However, Pawan settled the total invoice by paying Rs.2,08,000 only to Binod in full settlement. How much CENVAT credit can be availed by Pawan ? (5 marks) (b) Whether confiscation of improperly imported goods by the customs authority under section 111 read with section 112 of the Customs Act, 1962, is justifiable where respondent imported goods free from customs duty availing benefit of Notification No.48/99-CUS dated 29th April, 1999 providing exemption exclusively to manufacturerexporter only, even though they had no manufacturing unit at all ? Critically examine the matter and offer your comments. (5 marks) (c) Describe the cases where goods being exported are liable to confiscation under section 113 of the Customs Act, 1962. (5 marks)

Q7(a) (i) Briefly enumerate the persons not eligible for compounding of offences under section 9A(2) of the Central Excise Act, 1944. (3 marks) (ii) Explain the amendments made by the Finance (No.2) Act, 2009 in the provisions relating to valuation audit under section 14A and CENVAT audit under section 14AA of the Central Excise Act, 1944. (3 marks) (b) Discuss briefly the salient features of the system of ‘advance rulings’ under the Customs Act, 1962. (5 marks) (c) The Central Excise Act, 1944 as well as the Customs Act, 1962 were amended recently to relax the time limits for filing reference application to the High Court and for filing memorandum of cross objections. Indicate briefly the normal time limits for this purpose and the effect of the changes (4 marks)

ICSI Professional June 2010

Q4(a) Choose the most appropriate answer from the given options in respect of the following : (i) Non-dutiable goods means — (a) The product not given in the Tariff Act (b) The product given in the Tariff Act (c) The product given in the Tariff Act with rate of duty (d) The product given in the Tariff Act with zero rate of duty (ii) At the time of manufacture of Product-X, the rate of basic excise duty (BED) was 14% while at the time of removal the rate of duty was 9%. The duty applicable for the Product-X will be — (a) 14% (b) 9% (c) 11.5% (d) None of the above (iii) Excisable goods can be removed for export without payment of duty by using –– (a) B-3 bond (b) B-2 bond (c) B-4 bond (d) B-7 bond (iv) Registration under the central excise law is not required if the turnover of an SSI unit is — (a) Less than Rs.150 lakh (b) Less than Rs.90 lakh (c) Less than Rs.10 lakh (d) Less than Rs.100 lakh (v) In the case of Excise Audit, 2000, selection of the assessee is based on — (a) Risk factor (b) Value of goods (c) Merit of the assessee (d) Any other factor (vi) Yearly audit is applicable where excise duty paid in cash is more than — (a) Rs.3 crore (b) Rs.1.5 crore (c) Rs.1 crore (d) Rs.4 crore (vii) Deemed export means — (a) Export through agent (b) Sale of goods to UN agencies (c) Local sale to a foreigner (d) None of the above (viii) As per Rule 7 of the drawback rules, the special brand rate of duty drawback should be applied — (a) Within 90 days from the date of exports (b) Within 60 days from the date of exports (c) Within 30 days from the date of exports (d) Within 45 days from the date of exports. (1 mark each)

Q4(b) Rewrite the following sentences after filling-in the blank spaces with appropriate word(s)/figure(s) : (i) Excisable goods consumed within the factory for manufacture of final product is called ________________. (ii) Goods included in the ___________ schedule of the Central Excise Act, 1944 are the same on which excise duty is payable under section 4A. (iii) MRP provisions are not applicable for packaged commodities meant for _____________. (iv) Duty rebate is not allowed if the rebate amount is less than ____________. (v) As per section 2(38) of the Customs Act, 1962, ‘stores’ means goods for use in a ____________. (vi) Anti-dumping duty is imposed when export price is _______ than normal price in the exporting country (vii) As per section 27 of the Customs Act, 1962, interest on delayed refund is payable after expiry of _________ months from the date of receipt of such order. (1 mark each)

Q4(c) Following particulars are available in respect of consignment of goods imported : (i) Cost at the factory of the exporter : US$ 20,000 (ii) Carriage/freight/insurance upto the port of shipment in the exporter’s country : US$ 400 (iii) Charges for loading on to the ship at the shipping port : US$ 100 (iv) Freight charges of the ship for transport upto the Indian port : US$ 1,200 Compute the assessable value for the purpose of levy/payment of customs duty. (5 marks)

Q5 (a) Determine the basis of valuation under section 4 or section 4A of the Central Excise Act, 1944 in the following cases, citing case law wherever available — (i) Packaged products with MRP printed/marked thereon, exported to Nepal (ii) A packaged commodity covered under MRP notification and also the Standard of Weights and Measures Act, 1976 unpacked and shown to the customer, tested and then sold to the customer. (iii) Chocolates distributed as free gift along with his bottles of soft drinks (iv) Ice creams sold in bulk to hotels. (v) Telephone instruments supplied in bulk to a service provider with MRP duly marked and the purchaser (i.e., the service provider) lent the instruments to its customers/subscribers retaining ownership. (5 marks)(b) Examine the powers of the Central Government to exempt partly or wholly any goods subject to customs duty, and also whether the withdrawal thereof would come under the purview of the doctrine of estoppel. Cite relevant case law, if available. (5 marks)(c) What is the theory of ‘unjust enrichment’ ? What are statutory provisions to stop such practices ? (5 marks) OR Discuss the circumstances under which no custom duty is levied. (5 marks)

Q6(a) A small scale manufacturer has achieved turnover of Rs.1.52 crore during financial year 2009-10. Normal duty payable on the product is 10% plus education cess. Compute the excise duty payable by SSI unit — (i) If the unit wants to avail CENVAT credit; and (ii) If the unit wants to avail exemption and CENVAT credit. (Note : The turnover is without taxes and duties.) (5 marks) (b) What is ‘importer exporter code’ (IEC) number ? What is the procedure for obtaining IEC number ? (5 marks) (c) When does e-payment of duty become mandatory under the Central Excise Act, 1944 ? (5 marks)

Q7. (a) Differentiate between the following :(i) ‘Excise audit under section 14A’ and ‘special audit under section 14AA’ of the Central Excise Act, 1944. (ii) ‘Preferential rates of customs duty’ and ‘lower customs duty under trade agreements’ under the Customs Tariff Act, 1975. (iii) ‘Transit of goods without payment of duty’ and ‘transshipment of goods without payment of duty’ under the Customs Act, 1962. (3 marks each)(b) Compare and contrast ‘Rule 8’ and ‘Rule 9’ of the Central Excise Valuation (Determination of Price of Excisable Goods) Rules, 2000. (3 marks) (c) What are the provisions of CENVAT credit on capital goods ? Explain with relevant case law. (3 marks)

December 2009

Which of the following does not fall under the State List as stipulated in the Article 246 read with Schedule VII of the Constitution of India — (a) Excise on alcoholic liquors and narcotics (b) Taxes on consumption and sale of electricity (c) Taxes on advertisements in newspapers (d) Taxes on advertisements other than those contained in newspapers (CS Professional December 2009)

Choose the most appropriate answer – For the purpose of central excise, the following is a ‘manufacture’ — (a) Filteration/purification of commercial grade castor oil (b) Cutting and polishing of diamonds (c) Testing and quality control (d) Making coffee beans from raw coffee berries (CS Professional December 2009)

Choose the most appropriate answer – Under the central excise law, the following are not ‘goods’ — (a) Immovable iron and steel structures (b) Structures like bridges, lock gates, towers, trusses and column frames in

their movable state (c) Plates, rods, angles, sections, section tubes and the like in their

pre-assembled or disassembled state (d) PSC girders manufactured in casting yard and not at site and then taken for launch on sub-structure (CS Professional December 2009)

Choose the most appropriate answer – Levy of excise duty in respect of the following does not fall within the exclusive powers conferred on the Parliament/Union Government by the Constitution of India — (a) Tobacco and other goods (b) Medicinal and toilet preparations (c) Medicinal and toilet preparations containing alcoholic liquor, opium or narcotics (d) Alcoholic liquors for human consumption, opium and narcotic drugs (CS Professional December 2009)

Choose the most appropriate answer – In determination of the value of imported goods, the following costs are not to be added if they are not already included in the invoice price — (a) Commission and brokerage (b) Cost of containers which are treated as being one with the goods for customs purpose (c) Buying commission (d) Cost of packing whether labour or materials (CS Professional December 2009)

Choose the most appropriate answer – The form for ‘bill of entry’ for warehousing is printed on — (a) White paper (b) Yellow paper (c) Green paper (d) Light pink paper (CS Professional December 2009)

Choose the most appropriate answer – For offences committed under sections 132 to 135 of the Customs Act, 1962,

a court shall take cognizance — (a) Suo motu (b) When it is brought to the notice of a court by anybody (c) With the previous sanction of the Commissioner of Customs (d) None of the above (CS Professional December 2009)

Choose the most appropriate answer – An ad hoc exemption from customs duty to non-government organisation will be issued subject to condition — (a) That the imported goods will not be put to any commercial use (b) That the imported goods will not be sold, gifted or parted by the importer in any manner (c) That (a) and (b), as above, alongwith prior permission of the Ministry of Finance (d) None of the above (CS Professional December 2009)

Fill in the blanks – As per the Customs Valuation (Determination of Value of Imported Goods) Rules, 2007, the term ‘produced’ includes __________. (CS Professional December 2009)

Fill in the blanks – Under section 13 of the Customs Act, 1962, duty is not payable on pilfered goods only in case where the goods are pilferred after the unloading and before the issue of __________. (CS Professional December 2009)

Fill in the blanks – Section 18 of the Customs Act, 1962 provides for __________ of duty (CS Professional December 2009)

Fill in the blanks – Any goods on which import duty has not been paid and which are entered for exportation under section 74 of the Customs Act, 1962 shall be liable to __________ under section 113 of the Act (CS Professional December 2009)

Fill in the blanks – It follows from the definition of ‘excise duties’ that for anything to be liable to excise duties it must be goods and __________ and it must be produced or manufactured in India (CS Professional December 2009)

Fill in the blanks – Recording of sound or other phenomena on audio or video tape __________ under excise law (CS Professional December 2009)

Fill in the blanks – If the raw material is supplied on principal to principal basis (e.g. Bata Ltd. supplies raw materials to job workers), the supplier is __________ under excise law. (CS Professional December 2009)

Fill in the blanks – Under section 35(1), any person aggrieved by any decision or order passed under the Central Excise Act, 1944 by an officer lower in rank than a Commissioner may appeal to the Commissioner (Appeals) by filing an appeal within __________ from the date of communication of the order contested (CS Professional December 2009)

Discuss the essential ingredients of the concept of ‘manufacture’ under the Central Excise Act, 1944 and as outlined by the Supreme Court in Union of India vs. Delhi Cloth and General Mills and others (CS Professional December 2009)

In the following events, state when does the taxable event occur in the course of imports under the customs law with reference to the principles laid down by the Supreme Court in the cases of Garden Silk Mills Ltd. Vs. Union of India; and Kiran Spinning Mills Vs. CC :(i) Unloading of imported goods at the customs port; (ii) Date of entry into Indian territorial waters (iii) Date on which the goods cross the customs barrier and (iv) Date of presentation of bill of entry (CS Professional December 2009)

Discuss in brief the essential features of the following under central excise law and give one example of each : (i) Specific rates of duty; (ii) Tariff values; and (iii) Duty based on MRP (CS Professional December 2009)

An excisable product is covered under the provisions of the Standards of Weights and Measures Act, 1976 and falls in the category of ‘specified goods’ subject to excise duty on the basis of retail sale price. Following particulars are made available : MRP printed on the package is Rs.10,894 per unit. The price is inclusive of excise duty of 14% and education and secondary and higher education cess at the currently applicable rates as per the Finance Act, 2008. Compute the assessable value, excise duty and cess payable if it is eligible for an

abatement of 38% (CS Professional December 2009)

Distinguish between conditions for availing CENVAT credit in respect of ‘duty paid on inputs’ and ‘duty paid on capital goods’ (CS Professional December 2009)

Write a note on ‘compounded levy scheme’ under the central excise law (CS Professional December 2009)

 “Circulars of the Central Board of Excise and Customs cannot prevail over law laid down by the Apex Court.” Examine the statement, considering the relevant provisions of the Central Excise Act, 1944 read with Article 141 of the Constitution of India and the relevant case(s) decided by the Apex Court (CS Professional December 2009)

 “With the advent of VAT regime, the multiplicity of rates prevalent till then has been reduced to four broad categories.” Elucidate (CS Professional December 2009)

Following particulars are available in respect of certain goods imported into India: FOB price : US$30,000, Exchange rate : Notified by RBI Rs.50 = US$1 Notified by CBEC Rs.48 = US$1. Compute the assessable value as per the Customs Act, 1962 and the Customs Valuation (Determination of Value of Imported Goods) Rules, 2007 (CS Professional December 2009)

A commodity is imported into India from a country covered by a notification issued by the Central Government under section 9A of the Customs Tariff Act, 1975. Following particulars are made available : CIF value of the consignment : US$25,000, Quantity imported : 500 kgs, Exchange rate applicable : Rs.50=US$1

Basic customs duty : 20%, Education and secondary and higher education cess as applicable as per the Finance Act, 2008. As per the notification, the anti-dumping duty will be equal to the difference between the cost of commodity calculated @ US$70 per kg. and the landed value of the commodity as imported. Appraise the liability on account of normal duties, cess and the anti-dumping duty. Assume that only ‘basic customs duty’ (BCD) and education and secondary and higher education cess are payable (CS Professional December 2009)

Anand Ltd. has imported certain goods which were confiscated on the grounds that the appellant had mis-declared some goods in terms of value and some were found mis-declared in terms of description, value and quality and that personal penalty was imposed on the company and its directors. Critically examine the above facts and the justifiability of the action taken, having regard to relevant recent judicial rulings (CS Professional December 2009)

June 2009

Choose the most appropriate answer - The exemption notification issued under section 5A of the Central Excise Act, 1944 is not applicable in respect of DTA clearance, unless specifically provided in the notification by — (a) SSI unit (b) EOU unit (c) Both (a) and (b) (d) None of the above (CS Professional June 2009)

Choose the most appropriate answer - Under the central excise law, any article, material or substance, capable of being bought and sold for a consideration shall be deemed to be — (a) Goods (b) Manufactured (c) Marketable and hence excisable (d) Produced (CS Professional June 2009)

Choose the most appropriate answer - Questions arising out of orders made by CESTAT are appealable to High Court except those relating to — (a) Classification and valuation (b) Duty drawback (c) Refund of excise duty (d) Advance ruling (CS Professional June 2009)

Choose the most appropriate answer - Value of export goods under the Customs Act, 1962 is not determined by — (a) Transaction value (b) Residual method (c) Computed value (d) Market value (CS Professional June 2009)

Choose the most appropriate answer - The term ‘authorised representative’ under section 35Q of the Central Excise Act, 1944 includes, among others — (a) All Company Secretaries (b) Company Secretaries with 10 years post qualification experience (c) Company Secretaries with certificate of practice (d) Physics graduates (CS Professional June 2009)

Choose the most appropriate answer - Under the Customs Act, 1962, an appeal before tribunal against the order of Commissioner shall be filed within — (a) 30 Days (b) 3 Months (c) 45 Days (d) None of the above (CS Professional June 2009)

Choose the most appropriate answer - Smuggled goods are liable to confiscation — (a) Only when they are in the same form (b) Even when the form has changed or mixed with other goods (c) Both (a) and (b) (d) None of the above (CS Professional June 2009)

Fill in the blanks -  In case of fraud, collusion, willful mis-statement and suppression of facts, or contravention of any provision of the Central Excise Act, 1944 or Rules with intent to evade payment of duty, demand for duty can be raised ___________. (CS Professional June 2009)

Fill in the blanks - Rules made by the Central Government and regulation made by the Central Board of Excise and Customs (CBE&C) can provide for penalty upto Rs.________ on any person who violates any provision of rules or regulations (CS Professional June 2009)

Fill in the blanks - Persons claiming refund of excise duty under section 11B have to make an application within ______________from the ‘relevant date’ (CS Professional June 2009)

Fill in the blanks - Under the Customs Act, 1962, duty, interest, penalty or fine to be rounded off to ______________. (CS Professional June 2009)

Fill in the blanks - The person from whom documents are seized is entitled to take ______ therefrom in presence of customs officer (CS Professional June 2009)

Fill in the blanks - Under section 46, an importer has to file a ___________ for home consumption or warehousing (CS Professional June 2009)

Fill in the blanks - Assessees paying duty of Rs.1 crore or more per annum through personal ledger account (PLA) are required to submit annual financial information statement for each financial year by 30th November of succeeding year in prescribed form _____________. (CS Professional June 2009)

Fill in the blanks - ___________ can be granted in the case of lost, destroyed or abandoned goods under section 23 of the Customs Act, 1962 (CS Professional June 2009)

Explain briefly the term ‘import manifest’ (CS Professional June 2009)

A manufacturing company has imported certain second-hand machinery for its use and declared its value on the basis of the ‘transaction value’. Can the declared value be rejected by the authorities and, if so, when and how ? What are the details which the importer must submit in support of its claim ? (CS Professional June 2009)

Under section 37B of the Central Excise Act, 1944 and section 151A of the Customs Act, 1962, the Central Board of Excise and Customs (CBE&C) issues various orders, instructions and directions to its officers from time to time. What is their binding effect ? Are they binding on all departmental authorities including quasi judicial authorities like Commissioner (Appeals) ? Are there any restrictions on such powers ? Can they have retrospective effect ? (CS Professional June 2009)

Hetal manufactures hair dye. It is packed in pouches, each pouch containing 3 grams, 3 pouches (sachets) are sold in one packet. The net weight of each pouch, as also the net weight of the commodity in 3 pouches and the maximum rate is printed on the pouches. Examine whether the provisions of section 4A of the Central Excise Act, 1944 will apply for the valuation purpose (CS Professional June 2009)

Commissioner of Central Excise can review the order but cannot issue fresh notice extending period of limitation. Comment (CS Professional June 2009)

What are the options available, in the context of CENVAT credit rules, to a manufacturer manufacturing both exempt and dutiable goods or service-provider providing taxable as well as exempt services, in respect of inputs/input services used partly for manufacture of dutiable goods/taxable services and partly for exempted goods/services ? (CS Professional June 2009)

Under certain circumstances, the central excise law allows an assessee to approach the Central Government with a request to revise appellate orders passed by the departmental authorities. Indicate the circumstances where such a possibility exists and the powers of the Central Government in this regard (CS Professional June 2009)

Write a note on excise concession on export of excisable goods (CS Professional June 2009)

Pranav and Parul, the petitioners, were engaged in the business of import in trading of textiles and some other consumable goods. During search, the statements of both the petitioners were recorded and the petitioners were arrested for the offence under sections 132 and 135 of the Customs Act, 1962 on account of alleged false declaration, false documents and evasion of customs duty. Simultaneously, adjudication proceedings were also initiated under the Act. The accused persons were exonerated by the competent authority/tribunal in the adjudication proceedings. Criminal proceedings were carried on simultaneously and petitioners were alleged to have committed offences punishable under sections 132 and 135(1)(b). Whether the criminal prosecution can be permitted to continue against both when the adjudication proceedings are in favour of them ? Discuss (CS Professional June 2009)

Eva Offshore Ltd. is engaged in drilling operations for exploration of offshore oil, gas and other related activities under contracts. The drilling operations are carried out at oil rigs/vessels which are situated outside the territorial waters of India. Until around November, 1993, the company was permitted to transship stores to the oil rigs without levy of any customs duty regardless of the fact whether oil rigs were operating within a designated area or non-designated area. Whether oil rigs engaged in operations in the exclusive economic zone/continental shelf of India, falling outside the territorial waters of India, are ‘foreign going vessels’ as defined by section 2(21) of the Customs Act, 1962, and are entitled to consume imported stores thereon without payment of customs duty in terms of section 87 of the Customs Act 1962 ? (CS Professional June 2009)

Arpit Alloys Ltd. imported a consignment of metal bars during July, 2008 by sea, weighing 5,300 tons from U.K. A bill of entry for home consumption was filed and an order for clearance was passed by the Assistant Commissioner. The company paid the applicable duty. Thereafter, delivery was taken and on examination by the company’s representatives; it was found that only 5,000 tons of metal bars were available at the dock though duty was paid for the entire lot of 5,300 tons. Since there was no short landing of the cargo, the short delivery of 300 tons was also supported by the weightment certificate issued to the company by the port trust authorities. The company made a representation to the customs department for appropriate relief under the Customs Act, 1962. Examine (CS Professional June 2009)