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Time period of Form-1 issued Notification No 20/2016

kamal chordia

Dear sir

Please note that we obtained Form-1 in the month of March-17 under Not. 20/2016 dt 01.03.2016 of central excise (removal of goods at concessional rate of duty for manufacturer of excisable and other goods)Rule, 2016 for procurement of Raw Material under Advance Authorisation/ Invalidaiton letter (Principal notification 44/2001).

Due to some reason supplier could not supply the raw material in the month of March.

Now he asking new Form-1 for current financial.

Please clarify should we need to again obtained Form-1 for FY 2017-18, please also clarify relevant excise rule, notification for the same that for new financial we need to submit new Form-1.

thanks & regards

Kamal

Experts Debate Need for New Form-1 Under Rule 4(2) for 2017-18 Central Excise; Consult Commissioner for Clarity. A participant inquired about the necessity to obtain a new Form-1 for the fiscal year 2017-18 under Notification No. 20/2016 for central excise, as their supplier demands a fresh form. An expert clarified that there has been no change in the form since March 2016 and no new form is required. However, another expert pointed out that Rule 4(2) of the Central Excise Rules, 2016, requires numbering of information for each financial year, suggesting the need for a fresh form annually. It was recommended to consult the jurisdictional Commissioner for confirmation. (AI Summary)
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KASTURI SETHI on Apr 4, 2017

Notification No.20/16-CE(NT) dated 1.3.16 as amended vide Notification No.22/16-CE(NT) dated 15.3.16 and 46/16-CE(NT) dated 26.9.2016 is still in force. No change in application form. No new Form required for 2017-18.

kamal chordia on Apr 4, 2017

Dear Sir

Thanks for your reply.

But our supplier insisting to provide a fresh Form-I for FY 2017-18, that's why if any relevant notification/rules for yearly basis, please confirm.

Regards

Kamal

KASTURI SETHI on Apr 4, 2017

What is basis of asking for fresh Form-1 ? As far as my knowledge is concerned, there has been no change in Form-1 since March,16. Let other experts intervene.

Rajagopalan Ranganathan on Apr 4, 2017

Sir,

Rule 4 (2) of Central Excise (Removal of Goods at Concessional Rate of Duty for Manufacture of Excisable and Other Goods) Rules, 2016 stipulates that "the applicant manufacturer shall number the information filed under sub-rule (1) in each financial year." I feel that the applicant manufacturer has to submit fresh form for each financial year. Actually the rule does not say that afresh form for each financial year is to be filed in respect each supplier. For example if you have filed application in respect of the supplier in the year 2015-16, then you need not file a fresh application in respect of the same supplier for financial year 2016-17. However your doubt can be cleared by the jurisdictional Commissioner/Principal Commissioner.

Himansu Sekhar on Apr 4, 2017

He is asking about a fresh form. Is there any trade notice issued? Pl. Check it from the office.

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