Customs and Excise Act, 1964 (Act No. 91 of 1964)

Customs and Excise Rules

Chapter X : Rebates, Refunds and Drawbacks of Duty

Rules for Section 75 of the Act

Records

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75.14Every registrant shall keep a stock record which shall be in a form approved by the Controller and which shall show full particulars of all goods obtained under rebate by him as well as of the use or disposal of such goods. The stock record shall be kept in such a manner that the said goods can really be accounted for. The said stock record shall contain at least the following particulars which shall be entered daily in such stock record:

 

RECEIPTS:

Registrant’s shipment or goods received number
Number and date of bill of entry or transfer form
Name of ship or name and address of transferor / manufacturer
Date received
Tariff heading and rebate item
Description, quantity and value of goods

 

ISSUES:

•        Date issued to factory

•        Quantity issued

•        Nature and quantity of goods produced (Yield, if applicable)

•        Reference number

•        Balance of stock on hand (rebate product)

 

75.15Any registrant shall, if required to do so by the Controller, also keep a production record which shall show therein or thereon all receipts at factory ex rebate store, as well as the nature and quantities of the materials used and of the finished articles manufactured therefrom, in such a manner as the Controller may decide. A registrant shall also keep such samples of materials obtained under rebate of duty as the Controller may require and in such manner as he may decide.

 

75.16The Controller may, in respect of any goods referred to in rule 75.01 or in respect of any industry or any class of registrant using such goods, require that a special stock record or special production record in a form approved by him and reflecting such particulars as he may decide, be kept in respect of such goods or for such industry or by such registrant in addition to or in lieu of the stock record or production record referred to in rule 75.14 or 75.15.

 

If the Controller requires cutting orders to be kept in respect of any industry such cutting orders shall have a sample snippet of the material affixed thereto and shall reflect, inter alia, the number and date of the bill of entry, the total number of metres entered, the rating (the number of metres required in the manufacture of each garment or unit) and the number of garments intended to be manufactured and the number actually manufactured.

 

75.17A registrant shall retain in his records a copy of any bill of entry, SAD declaration or transfer form in respect of goods obtained by him under rebate of duty, together with any clearance documents in respect of such goods, as well as any other documents required in rules 75.14, 75.15 and 75.16, for at least five years after the stocks of the goods to which such bill of entry, SAD declaration, transfer form or clearance documents relate have been exhausted.

 

75.18A registrant who obtains goods for use under rebate of duty shall, unless he is in possession of a valid bill of entry or transfer form, store such goods separately from other goods in his rebate store and shall not use such goods until the permission of the Controller has been obtained.

 

75.19 A registrant shall complete invoices, consecutively numbered and in duplicate sets, in respect of all disposals of rebated goods and goods manufactured from such rebated goods and shall retain such duplicate invoices in his records.

 

75.20 A registrant shall keep the records specified in these rules in a safe place and such records shall be made available to the Controller on demand.

 

75.21Where any goods are entered under Schedule No. 3 or 4, the rebate user or his or her authorised agent must submit to the Controller—
(a)a form SAD 500;
(b)the following declaration by the rebate user on his or her own letter-headed paper:

 

Declaration:

 

I, ……………………………………….for rebate user, hereby undertake to comply with the provisions of the Customs and Excise Act, 1964, in respect of the goods as described herein.

 

For rebate user:……………………………..Date:………………………………..

 

75.22The licensee of any customs and excise storage warehouse may, in the case of imported unpacked spirits, deduct 0,25 per cent as contemplated in section 75(18)(b)(ii) from the quantity entered for storage in such warehouse.

 

75.23The deductions specified in section 75(18)(b)(i) and (ii) are provided for in the rules for section 19A.