Medicinal and Toilet preparations (Excise duties) act, 1955 and Rules PPT

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Description

Medicinal and Toilet preparations
(Excise duties) act, 1955 and Rules

 

Contents

• The Medicinal and Toilet Preparations (Excise Duties) Act

• Objectives, legal definitions, licensing, bonded and non-

bonded laboratory, warehousing

• Manufacture of ayurvedic, homeopathic, patent and

proprietary preparations

• Offences and penalties

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Intended Learning Outcomes

• At the end of this lecture, student will be able to

– Write the introduction and reasons for

implementation of The medicinal and Toilet

Preparation Act, 1955

– Describe the objective of Excise Duties Act, 1955

– Define the related terms included in the Excise Duties

Act, 1955

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Objectives

• To provide for the collection of levy and duties

of excise on medicinal and toilet preparations

containing alcohol, narcotic drugs or narcotics

• To provide for uniformity in the rules and rates

of Excise duties leviable on such preparations

throughout the country

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Definitions

• Alcohol means ethyl alcohol of any strength and purity having

the chemical composition C2 H5 OH

• Absolute alcohol means ethyl alcohol containing less than 1%

by weight of water

• Dutiable Goods means the medicinal and toilet preparations

specified in the Schedule as being subject to the duties of

excise levied under the Act

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Definitions

• Medicinal Preparation includes all drugs which are a remedy

or prescription prepared for internal or external use of human

being or animals and all substances intended to be used for or

in the treatment, mitigation or prevention of disease in

human beings or animals

• Toilet Preparation means any preparation which is intended

to cleanse, improve or alter the complexion, hair, skin, or

teeth, and includes deodorants and perfumes

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Definitions

• Bonded Manufactory means the premises approved and

licensed for the manufacture and storage of medicinal and

toilet preparations containing alcohol, opium, Indian hemp or

any other narcotic drug or narcotics on which duty has not

been paid

• Non- bonded Manufactory means the premises approved and

licensed for the manufacture and storage of medicinal and

toilet preparations containing alcohol, opium, Indian hemp or

any other narcotic drug or narcotics on which duty has been

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Definitions

• Denatured Alcohol or denatured spirit means alcohol of any
strength which has been rendered unfit for human
consumption by the addition of substances approved by the
Central Government or by the State Government with
approval of the Central Government

• Rectified Spirit means plain denatured alcohol of a strength

not less than 50.00 over proof and includes absolute alcohol.

It is highly concentrated ethanol which has been

purified by means of repeated distillation, a process that is

called rectification.

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Definitions

• Restricted Preparation means every medicinal and toilet

preparation specified in the Schedule and includes every

preparation declared by the Central Government as restricted

preparation

• Unrestricted Preparation means any medicinal or toilet

preparation containing alcohol but other than restricted

preparation or a spurious preparation

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What is an Excise?
• Is an inland tax on the sale, or production for sale, of

specific goods or a tax on a good produced for sale, or sold, within a

country or licenses for specific activities.

• It is different from Customs duties ( border taxes)

• An excise tax is distinguished from a sales tax or VAT in three ways:

• (i) an excise typically applies to a narrower range of products;

• (ii) an excise is typically heavier, accounting for a higher fraction of

the retail price of the targeted products; and

• (iii) an excise is typically a per unit tax, costing a specific

amount for a volume or unit of the item purchased, whereas a

sales tax or VAT is proportional to the price of the good
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What is an Excise?

• An excise is considered an indirect

tax, meaning that the producer or

seller who pays the tax to the

government is expected to try to

recover or shift the tax by raising

the price paid by the buyer

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Central Board of Excise and Customs
• Central Board of Excise and Customs (CBEC) is a part of the Department

of Revenue under the Ministry of Finance, Government of India

• It deals with the tasks of formulation of policy concerning levy and

collection of Customs & Central Excise duties and Service Tax, prevention of

smuggling and administration of matters relating to Customs, Central

Excise, Service Tax and Narcotics to the extent under CBEC’s purview

• The Board is the administrative authority for its subordinate

organizations, including Custom Houses, Central Excise and Service Tax

Commissionerates and the Central Revenues Control Laboratory.

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Licensing

• Manufacturing of alcoholic and narcotic preparations can only

be undertaken under the authority of a licence granted for

this purpose

• A license will be granted only if the applicant holds the

requisite license for the manufacture of drugs under the

Drugs and Cosmetics act.

• The act also specifies procedures to be followed for the

manufacture of Homeopathic and Ayurvedic preparations,

removal of goods from bonded labs, interstate movement of

preparations etc.
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Licensing

• Application for the licence or for its renewal is to be made to

Licensing authority who is the EXCISE COMMISSIONER

• A separate application is to be made if more than one kind of

licence is desired

• The application for the licence should be submitted in the

prescribed form accompanied with the prescribed fee

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Licensing
• The particulars required to fill in the application for obtaining

the licence are:

– Name and address of the applicant and place and site on

which the manufacturing unit is situated

– The amount of the capital proposed to be invested in the

venture

– Approximate date from which the applicant desires to

commence the manufactory

– The number and full description of vats, still and other

permanent apparatus and the machinery which the applicant

wishes to get together wwwitwh.DtuhloeMmix.acoxmimum quantity1o5f alcohol

 

Licensing

-The site and the elevation plans of the manufactory/building

and also similar plans for the quarters of the Excise Officer

together with relevant records

– The amount on cash or Government Promissory Notes which

the applicant is prepared to furnish for the due performance of

the conditions on which the licence may be granted

– The kind and number of each licence under the Drugs and

Cosmetics Act held by the applicant

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Licensing

– A list of all preparations which the applicant proposes to

manufacture and /or those manufactured during the preceding

year showing the percentage or proportion of

alcohol in preparations or opium, indian hemp

or other narcotic drug

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Summary

• Use of alcohol for preparation of medicines is necessity.

• Alcohol used either for drinking or manufacture of perfumes
is subjected to higher duties than that of used in medicine
preparation.

• The Excise Duties Act came in force in 1955.

• For excise duty to be an effective alcohol control measure,
duty increases need to increase annually in relation to
inflation and income.

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Summary

• An excise or excise tax is an inland tax
• The objective of the Act is to provide for the collection of levy

and duties of excise on medicinal and toilet preparations
containing alcohol, narcotic drugs or narcotics

• Alcohol means ethyl alcohol of any strength and purity having
the chemical composition C2H5OH

• Medicinal Preparation includes all drugs which are a remedy
or prescription prepared for internal or external use of human
being or animals and all substances intended to be used for or
in the treatment, mitigation or prevention of disease in
human beings or animals