1 Office of the Commissioner, Customs & Central Excise Commissionerate (J&K), OB-32, Rail Head Complex, Jammu Ph. 0191-2471885 MINUTES OF MEETING - CHIEF COMMISSIONER (CZ) HELD WITH TRADE AT CUSTOMS AND CENTRAL EXCISE COMMISSIONERATE, OB-32 RAILHEAD COMPLEX, JAMMU ON 15.10.2012. Shri P.S. Pruthi, Chief Commissioner of Customs & Central Excise (CZ), Chandigarh on his visit to Jammu held a meeting with the trade of Jammu & Kashmir held at Customs and Central Excise Commissionerate, OB-32 Railhead Complex, Jammu on 15.10.2012 in the office of the Commissioner, Customs and Central Excise, J&K, Jammu. The following Officers from department side were present in the meeting:- i. Sh. Rajesh Puri, Commissioner, Customs & Central Excise Commissionerate, J & K, Jammu. ii. Sh. Rajesh Jindal, Additional Commissioner, Customs & Central Excise Commissionerate, J & K, Jammu. iii. Sh. B.K. Khosla, Dy. Commissioner (Hqrs. Prev.), Customs & Central Excise Commissionerate, J & K, Jammu. iv. Shri Rahul Negi, Assistant Commissioner (S&I,TRC,Vig), Customs & Central Excise Commissionerate, J & K, Jammu. v. Sh. Neeraj Soi, Assistant Commissioner, Central Excise Division, Jammu. vi. Sh. H.K. Khatana, Assistant Commissioner, Central Excise Division, Srinagar. 2. From Trade Association side, following members participated in the meeting (i) Sh. Q.A. Wani, FA & CAO, J& K Cements Limited Srinagar. (ii) Balbir Gupta, President, Association of Industries, Gangyal. (iii) Sh. Anil Suri, President, Bari Brahmana Industrial Association (Regd.) BBIA Bhawan, Bari Brahmana. (iv) Virendra Jain, General Secretary, Association of Industries, Gangyal. (v) Kuldeep Ohri, Member, Association of Industries, Gangyal. (vi) Kuldeep Jamwal, General Secretary, M/s Sambha Associates, Sambha.
2 (vii) Atul Kumar, Assistant Director, Directorate of Industries & Commerce. 3. At the outset, Sh. P. S. Pruthi, Chief Commissioner, Customs & Central Excise (CZ), Chandigarh welcomed all the members of Trade Association. 4. It was pointed out by the Chief Commissioner that RAC meetings held outside J&K in the Zone are not being attended by the representatives of trade associations of J&K and invited the members to attend the next meeting to be held at Phagwara (Punjab) on 29.10.2012 and send their points, if any, immediately through the Commissioner, Customs & Central Excise Commissionerate J&K, Jammu. Points raised by the members of Trade Association Point No. 1 Refund of Central Excise Duty Re-imbursement of refunds takes much long time and is not hassle-free. Some simple mechanism / procedure should be adopted so that the said entitlement of refund is availed by beneficiary units quickly. Reply:- The members were advised to first take up the matter with jurisdictional Assistant Commissioner and, in case, problem is not resolved they should approach the Additional Commissioner or Commissioner. Assistant Commissioner, Central Excise Division, Jammu informed that huge pendency of refund of Self Credit from 2008 onwards is for want of some documents required to be submitted by the parties. It was decided that Assistant Commissioner, Division will give a list of such parties to the Association, who will prevail upon individual parties to cooperate with the department. Point No 2 : Deputy Commissioner, Customs & Central Excise, Jammu was requested to clarify whether LT/HT coils used during repair of old damaged transformers by industrial units are subject to Excise duty. This issue is under correspondence between the Association of Industries and Central Excise &
3 Customs Department but no clarification has been received so far. The Commissioner, Deputy Commissioner as also Assistant Commissioner (Tech.), Central Excise & Customs, Jammu are already seized of the matter. Reply:- Issue has been decided by CESTAT vide its final order no. A/766/2001-EX (BR) in case of M/s Continental Transformers, Jammu. In this the Hon ble Tribunal has held that HV/LV coils fabricated by the assesse are not marketable goods and as such, those goods do not attract levy of excise duty. The aforesaid view of the Tribunal has been upheld by the Supreme Court in the matter of C.C.E., Chandigarh vs. PSEB also. This decision is being followed by the department. Point No 3. Representation The Association of Industries is the only largest association of Jammu region representing over 600 units and in view of the increasing number of MSME units existing in Jammu region the representation of association of industries (AOI) needs to be enlarged in RAC meetings of the department by including 2 more representatives, besides the President. Reply:- Members of various trade associations of different regions are represented in Zonal RAC to participate in such meetings. The Chief Commissioner informed the Association that in case the Association cannot be represented in any RAC meetings, they may nominate a member of the association to attend the RAC meeting after giving prior intimation to the Commissioner / Chief Commissioner. Point No 4. Difficulty in online filing of returns. QA-1 along with other members informed that most of the time they feel great difficulty in online filing of refunds. Reply:- The Chief Commissioner directed that the Commissionerate will organize power point presentation and hands on training at a suitable place provided by Association. The date for demo at Jammu was fixed as 30.10.2012 and for Srinagar is 15.11.2012. Further the CBEC website (http://www.aces.gov.in/cfc.jsp), also has a list
4 of ACES Certified Facilitation Centers with name and contact details of the registered Chartered Accountants from the region who are nominated to assist the assesses in this matter. From Jammu and Kashmir, it gives out the following contact details: S.No. Institute Member ship ACES Registration 18 4433 AKIPP4060 HCS001 330 084610 AAZPM2350 ECA001 CFC Name Address Distt. State Telephone MANOJ SADASHI V PURI MALHOT RA, SURESH KUMAR 15C/19- C,EXTEN SION II,GAND HI NAGAR KC PLAZA, RESIDE NCY ROAD JAMM U JAM MU JAM MU & KAS HMI R JAN DK 0191-2435639 191-2543127 Mobile 94191 86920 94191-82424 The trade may also avail service of these Chartered Accountants if required. 5. The meeting ended with a vote of thanks to the Chair. (Rajesh Jindal) Additional Commissioner C. No. IV-16(107) HQ/TECH./Meeting/J&K/2012-13 Dated: 25.10.2012 Copy forwarded for information and necessary action to the: 1. The Chief Commissioner, Central Excise, Customs & Service Tax (Chandigarh Zone), Chandigarh. 2. The Deputy Commissioner, Central Excise Division, Jammu / Srinagar. 3. The Deputy/ Assistant Commissioner (Tech.) / (Audit) / (Prev.), Customs & Central Excise Commissionerate, J & K, Jammu. 4. Sh. Q.A. Wani, FA & CAO, J& K Cements Limited Srinagar. 5. Sh. Balbir Gupta, President, Association of Industries, Gangyal.
5 6. Sh. Anil Suri, President, Bari Brahmana Industrial Association (Regd.) 7. Sh.Virendra Jain, General Secretary, Association of Industries, Gangyal. 8. Sh. Kuldeep Ohri, Member, Association of Industries, Gangyal. 9. Sh. Kuldeep Jamwal, General Secretary, M/s Sambha Associates, Sambha. 10.Sh. Atul Kumar, Assistant Director, Directorate of Industries & Commerce. (Rajesh Jindal) Additional Commissioner
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