CUSTOMS 1. Legal provisions for recovery of arrears of ... - Taxmann

CUSTOMS 1. Legal provisions for recovery of arrears of ... - Taxmann CUSTOMS 1. Legal provisions for recovery of arrears of ... - Taxmann

25.03.2013 Views

WRITE OF ARREARS F. No. 290/4/85-CX.9 Dated : 22.03.85 I am directed to invite a reference to the instructions F.No.290/7/76/CX.9 dated 22.6.76 issued by the Board regarding remission and write off/abandonment of irrecoverable amounts of arrears of revenue. During the meeting of the Collectors of South Zone, held on 16th and 17th July, 1984, it was pointed out that many a time, the reports furnished by the Collectors, are not adequate and that Board should prescribe a proforma which the Collectors may be asked to fill in addition to descriptive report while sending the proposals for the write off of the arrears of revenue. With a view to streamline the procedure and to avoid delays, the Board desire that your proposals for the write off of irrecoverable amounts of revenue may be sent in the proforma enclosed, under the signature of the Head of the Department. While care has been taken to make the proforma as exhaustive as possible any other information which Collector of Central Excise may think, is useful and relevant to be furnished in a descriptive form as a covering letter. Also while filling up the various columns in the proforma if any of them does not imply, please indicate the same. Enclosure: Proforma for sending proposals for write off of irrecoverable arrears of Central Excise Revenue 1. Name and address of defaulter. 2. Licence number. 3. Amount to be written-off. 4. Brief facts of the case. 5. Date of issue of show cause notice and Date of adjudication of the case, with copy(ies) of adjudication order. 6. Date of issue of DD2. 7. Details of efforts made to realise the arrears from licensee prior to initiation of certificate action. 8. Amount realised from the defaulter: Page 90 of 117

9. Whether solvency position and financial status of the licensee, ascertained at the time of issue / renewal of licence. 10. Whether any security obtained at the time of issue/renewal of licence. Efforts made to recover the arrears from out of security. 11. Whether surety obtained and solvency verified at the time of issue/renewal of licence. Amount recovered from surety. If no amount recovered reason therefore. 12. Date of issue of certificate under Section 11 of the Central Excise and Salt Act 1944. 13. Details of action to pursue the matter with revenue authorities; efforts made between the date of Certificate action and the date of irrecoverability certificate. 14. Date of issue of irrecoverability certificate and the details of financial position of defaulter. 15. Whether any property alienated since the raising of the demand for duty. Steps taken to check alienation of property and recovery possibilities out of the same. 16. (a) Whether defaulter prosecuted, if not reasons therefor; (b) Result of prosecution launched, 17. (a) Whether civil suit filed, if not reasons therefor; (b) Result of civil suit. 18. Whether non-recoverability of amount was on account of any defects in rules or procedure the amendment of which require the orders of higher authorities. 19. Whether there has been any serious negligence on the part of any Government servant which may call for disciplinary action by higher authority. 20. Names and designations of Government Servants, if any, responsible for causing loss of revenue and action taken against them, 21. Any other relevant facts/remarks of the Collectors. Page 91 of 117

9. Whether solvency position and financial status <strong>of</strong> the licensee, ascertained at the<br />

time <strong>of</strong> issue / renewal <strong>of</strong> licence.<br />

10. Whether any security obtained at the time <strong>of</strong> issue/renewal <strong>of</strong> licence. Ef<strong>for</strong>ts<br />

made to recover the <strong>arrears</strong> from out <strong>of</strong> security.<br />

1<strong>1.</strong> Whether surety obtained and solvency verified at the time <strong>of</strong> issue/renewal <strong>of</strong><br />

licence. Amount recovered from surety. If no amount recovered reason<br />

there<strong>for</strong>e.<br />

12. Date <strong>of</strong> issue <strong>of</strong> certificate under Section 11 <strong>of</strong> the Central Excise and Salt Act<br />

1944.<br />

13. Details <strong>of</strong> action to pursue the matter with revenue authorities; ef<strong>for</strong>ts made<br />

between the date <strong>of</strong> Certificate action and the date <strong>of</strong> irrecoverability certificate.<br />

14. Date <strong>of</strong> issue <strong>of</strong> irrecoverability certificate and the details <strong>of</strong> financial position <strong>of</strong><br />

defaulter.<br />

15. Whether any property alienated since the raising <strong>of</strong> the demand <strong>for</strong> duty. Steps<br />

taken to check alienation <strong>of</strong> property and <strong>recovery</strong> possibilities out <strong>of</strong> the same.<br />

16. (a) Whether defaulter prosecuted, if not reasons there<strong>for</strong>;<br />

(b) Result <strong>of</strong> prosecution launched,<br />

17. (a) Whether civil suit filed, if not reasons there<strong>for</strong>;<br />

(b) Result <strong>of</strong> civil suit.<br />

18. Whether non-recoverability <strong>of</strong> amount was on account <strong>of</strong> any defects in rules or<br />

procedure the amendment <strong>of</strong> which require the orders <strong>of</strong> higher authorities.<br />

19. Whether there has been any serious negligence on the part <strong>of</strong> any Government<br />

servant which may call <strong>for</strong> disciplinary action by higher authority.<br />

20. Names and designations <strong>of</strong> Government Servants, if any, responsible <strong>for</strong> causing<br />

loss <strong>of</strong> revenue and action taken against them,<br />

2<strong>1.</strong> Any other relevant facts/remarks <strong>of</strong> the Collectors.<br />

Page 91 <strong>of</strong> 117

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