(1) Where under this Regulation, the duty of excise is chargeable on any liquor or other intoxicants with reference to value, then, such value shall be deemed to be the maximum retail price declared on such article less amount of abatement, if any, f?om such m a x h retail price.
(2) Notwithstanding anything contained in sub-section ( I ) , where duty of excise is chargeable on any liquor or other intoxicants with reference to value, the Administrator may, by notification, declare that such value shall be the ex-factory price:
Provided that where ex-factory price is not ascertainable for some reason, the nearest ascertainable equivalent thereof may be determined in such manner as may be prescribed.
(3) The Administrator may, for the purpose of allowing any abatement under subsection (I), take into account the amount of duty of excise, post-manufacturing expenses, sales tax and other taxes, if any, payable on such goods.
(4) The manufacturer shall declare ex-factory price or maximum retail price, as the case may be, of liquor or other intoxicants in such manner as may be prescribed.
Explanation.-For the purposes of this section, "ex-factory price" means the cash price actually paid or payable for the liquor or other intoxicants at which liquor or other intoxicants are ordinarily sold by the manufacturer to a wholesaler for delivery at the place of manufacture, where buyer and seller are so associated that there is no mutuality of interest and the price is the sole consideration for sale but excludes excise duty, sales tax and other taxes or fees payable thereon.
30. The ex-factory price and maximum retail price shall be declared by the manufacturer or the licensee along with the application for registration of brand and label to the Excise commissioner:
Valuation of liquor or other intoxicants for the purposes o f charging of excise duty.
Dec1ara:ion of ex-factory and maximum retail price.
j Provided that maximum retail price shall be determined based on declared ex-factory price, applicable duties or fees, margins to wholesalers or retailers and any other declared if $ basis as may be prescribed.
12 THE GAZETTE OF INDIA EXTRAORDINARY PART II- - Interest payable for failure to pay excise revenue.
Power to reduce or waive interest in certaln cases Excise revenue to be pa~d ~rrespectlve of pendency of any writ pet~tion, suit, etc - - --
(2) In the event of default by any person to whom licence has been granted under this Regulation, his manufactory, warehouse, shop or premises and all fittings, apparatus, stocks of liquor and other intoxicants or materials for the manufacture of the same, held therein shall be liable to be attached towards any claim for excise revenue or in respect of any loss incurred by the Union territory Administration through such default and be sold to satisfy such claim which shall be a first charge upon the proceeds of such sale.
(3) Whcrc the duty due is not levied or not paid or short-levied or short-paid or erroneously refinded,-
(a) the District Excise Oficer may, within three years from the relevant date, serve notice on the person chargeable with the duty of excise which has not been levied or paid or which has been short-levied or short-paid or to whom the refind has erroneously been made, requiring him to show c a s e why he shoald not pay the amount specified in the notice.
Enylunurion (I).-- For the purposes of this clause, where the service of the notice is stayed by an order of the court, the period of such stay shall be excluded in computing the aforesaid period of three years.
Explanation (2).- For the purposes of this clause "relevant date" means,-
(i) in a case LY which duty of excise has not been paid or has been shortlevied or short-paid, the date on which the duty is to be paid under this Regulation or the rules made thereunder;
(ii) in a case where duty of excise is provisionally assessed under this Regulatioii or the rules made thereunder, the date of adjustment of duty after the final assessment thereof;
(iii) in a case where duty of excise has been erroneously refunded, the date of such refund;
(b) the District Excise Officer shall, after considering the representation, if any, made by the person on whom notice is served under sub-section (I), determine the amount of duty of excise due fiom such person (not being in excess of the amount specified in the notice) and thereupon such person shall pay the amount so determined.
32. If the duty of excise payable by a person under this Regulation or the rules made thereunder is not paid within time, he shall be liable to pay on the swi due, a simple interest at the ratc oftwelve per cent. per arulum fiom the day next following the day on which such payment became due.
Explanation.-For the purposes of this section, where the duty determined to be payable is reduced or increased by the Appellate Authority or the court, the interest shall be payable on such reduced or increased amount of duty, as the case may be.
33. Notwithstanding anything contained in this Regulation, the Excise Commissioner may, on an application made in this behalf by a person, with the approval ofthe Administrator and after recording his reason for so doing, reduce or waive the amount of any interest payable by him under this Regulation if he is satisfied that -
(a) to do otherwise would cause genuine hardship to the person having regard to the circumstances of the case; and
(0) the person has co-operated in any proceeding for the recovery of any amount due from him.
34. Notwithstanding that a writ petition has been preferred or a suit or other proceeding has been instituted in any court or any appeal has been filed before any Tribunal or before the Excise Commissioner, or a revision has been filed before the Administrator, any sum due to the Upion territory Administration under this Regulation as a result of demand or order made or passed by any officer or authority empowered in this behalf by_orund,cr this- -- _ -_-____-_ --- - _ -- --- - -- i SEC. 11 TTLE GAZETTE OF INDIA EXTRAORDINARY 13 - - Regulation, shall be payable in accordance with such demand or order unless and until such payment has been stayed by the competent authority.
35. Every licensee shall maintain such accounts and submit to the concerned officers Accounts and such returns in such forms, containing such particulars relating to stock, apparatus, excise returns.
duty or fee payable or paid and such other information at such interval as may be prescribed.
CHAPTERV OFFENCES AND PENALTIES