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[Section 1]
[Entire Act]
State of Madhya Pradesh - Subsection
Section 1(7) in Other Madhya Pradesh Rules made under the Madhya Pradesh Excise Act, 1915
| Substituted by Notification No. (12)-B-1-48-2002-CTD-V, dated 9-5-2002. Prior to substitution it read as under:IIA. Adjustment of Excise Duty against Annual Auction Amount.- (1) The annual auction amount shall be payable in twelve equal monthly instalments. If the annual auction amount is not exactly divisible in equal monthly instalments the remainder shall be adjusted in the first instalment.(2) The monthly instalment of the annual auction amount calculated in the manner prescribed in sub-rule (1) for country spirit and foreign liquor shops or the balance of such monthly instalment after adjusting the amount of duty of country spirit and of foreign liquor paid at the prevailing rates against the quantity of country spirit/foreign liquor drawn by the licensee from the respective country spirit warehouse and the bonded foreign liquor F.L. 10 licensee(s) as the case may be shall be deposited in full by challan in the Treasury or in the Sub-Treasury of the District/Tehsil by the end of each month in the prescribed budgetary head :Provided that no adjustment of the amount of duty paid for the quantity of Country Spirit issued in a month to shops auctioned in a group in excess of the monthly average quantity of Country Spirit issued for such shops in the previous year plus five per cent for such average quantity in areas other than tribal sub-plan area and plus fifty per cent of such average quantity in scheduled areas shall be allowed.Explanation:- For the purposes of this sub-rule "monthly average quantity" of Country Spirit in respect of shops auctioned in a group shall be calculated by dividing the total quantity of Country Spirit issued to the concerned shops in the previous year by twelve.(3) In case the duty paid as aforesaid, by the licensee in a month falls short of the monthly instalment of that month he shall be bound to deposit the balance amount in cash by the end of the month. The assessment of the payment of monthly instalment of auction amount will be done by the 10th of the succeeding month. If the balance is not so paid, issues of the country spirit and foreign liquor shall be given to the licensee on payment of such market price for it as may be determined by the Collector and not on payment of prevailing rate(s) of duty. The total amount, thus recovered by way of payment at market price from the licensee for issue of country spirit and permit for foreign liquor, shall be adjusted towards the balance of the monthly instalment for the preceding month payable by the licensee. The amount paid by the licensee towards the duty between the period starting from 1st day of succeeding month and the date of such assessment shall also be adjusted against the arrears of the instalment of auction amount of the preceding month (s) if any. The issue of Country Spirit and permits for foreign liquor at the market price as aforesaid shall continue as long as it is necessary to recover the balance of monthly instalments) of the auction amount in the above manner. Any challan relating to payment of duty against which country spirit and foreign liquor has not been drawn by the end of the month shall be treated to be deposited against the instalment of auction amount for that particular month.(4) The amount of duty paid in excess of monthly instalment of auction amount in a month shall not be adjusted against the instalment of next month(s). But subject to the proviso to sub-rule (2) this excess amount shall be adjustable against the total auction amount of that particular financial year.(5) When the cumulative total of the amount of adjustable duty paid/deposited and difference of excise duty and monthly instalment of annual auction amount, if any, paid in cash by the licensee together with the advance amount deposited by him at the time of auction/tender becomes equal to the yearly auction amount, the licensee's liability to pay monthly instalments) of auction amount shall cease and the licensee shall be permitted to take issues of country spirit and obtain permits for lifting foreign liquor without payment of duty against the advance amount deposited by him at the time of auction/tender which shall be adjustable against the balance of the auction amount but issues of country spirit in excess of the limit laid down in the proviso to sub-rule (2) and issue of permits for foreign liquor in excess or double the monthly average quantity drawn by him during previous months shall not be permissible. After adjustment of the total advance deposit towards the annual auction amount the licensee will be allowed rebate on excise duty of the quantity of country spirit and foreign liquor drawn by him at the following rates: -{| | ||
| (a) | When total duty deposited does not exceed 25% of the annualauction amount | 25% of the prevailing rate of duty. |
| (b) | When total duty deposited exceeds 25% of the annual auctionamount. | 50% of the prevailing rate of duty: |