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1. What have been the history of Excise Administration?
Ans. EXCISE IN TRADITION
Aacharya Chankya has described the
rights and duties of Suradhyksha in his Arthshastra as below :
Suradhyksha should give permits to
only those experienced traders who have sound family background of liquor trade in Durg,
Janpath, Skandavar (Cantonment). Suradhyksha could centralize or decentralize the trade of
liquor.
One who is found producing,
selling-purchasing or consuming liquor outside the fixed place should be fined 600 Panka
(coins). Suradhyksha should make arrangements to stop intoxicated people going out of
village; to each others houses or to public places. Only citizen whos good conduct
is known to Suradhyksha could take liquor stamped with Rajmudra in little magnitude as --
one fourth Kunduv half Kunduv, one Kunduv, half Prashta or one Prastha. Those who were not
allowed to take liquor out side could drink either in Bars or at vends of liquor. If any
drunkard tries to purchase liquor by mortgazing something or paying illegal money (owner
of which is not known) or makes payment through precious liquidity etc. then the
shopkeeper should send him to some other place and hand him over to police with the help
of liquor officer. A person who spends more than his income or does not save anything for
future because of drinking liquor may also be handed over to police.
Households may use liquor on marriage
occasions, as a medicine and for any other purpose. During spring festivities and holy
processions liquor officer may allow drinking openly for four days. If requisite
permission has not been obtained from the liquor officer during such occasions then they
may be punished after the occasion. Those who manufacture liquor without paying revenue
and sell the same as private good will be compelled to pay 5% penalty for selling ordinary
liquor, liquor made from juices of Padm tree - Coconut tree, liquor made of Gur.
Apart from the above levies, liquor officer
should collect taxes as fixed on day to day sale storage and measurement of liquor called
shodshansh, Bharvyazi and Vishansh Hirnyaryzi. But liquor officer should levy appropriate
tax and not discretionary.
2. What are the activities
of Excise Department?
Ans. Excise Department is the second largest revenue
earning department of the Government of Delhi and is one of the three constituents of a
Commissionerate, alongwith Luxury Tax and Entertainment Tax. It mobilises revenue through
these heads & also regulates the liquor trade in Delhi.
3. What are the functions of
various wings of the Excise Department?
Ans.
4. What are the IPs and TPs?
Ans. Import Permits : The Import Permits are issued by
the state to the L-1 licencees importing liquor after payment of import fee. The concerned
Excise authority of the state where the distiller is located issues export permit on the
basis of the Import Permits to take the liquor out of the state without payment of Excise
duty. The Excise Inspector posted at the Bonded Warehouse after scrutinising all the
documents allows the stock for inbonding.
Transport Permits : On receipt of the Transport permits,
the Bonded warehouse Excise Inspector allows the stock to be transported to various retail
outlets, clubs, hotels/restaurants.
5. What is the response time of the
department in it's various interactions with the public?
Ans. The Excise department promises quick responses to
its clients for their works. The department promises to do so within the stiputated time
frame.
Written Inquiries : Within Ten Working
Days
Telephonic Inquiries : By Next Working
Day.
Acknowledgements of
(i) declaration/returns/intimation : on the spot written
receipt to bearers
(ii)For Those received by dak-within 10 days
Settlement of dispute : Within 15 days
of response to final notice.
Visitors : With prior Appointment :
Immediate
Within visitors Hours : daily
Casual visitors : Received and/or given
appointment within 30 minutes
Request for information : Disposal
within 10 days.
Courtesy to the client will be watch word of the
department and will be brought home through motivational workshops.
6. What are the licensed places for In
Site consumption of liquor in Delhi?
- Hotels
- Clubs
- Restaurant
7. What are the basic licenses granted by
the Excise Department?
Ans.
8. How can one become a wholesaler of
liquor in Delhi?
Ans. Every year Government of Delhi formulates the Excise
Policy and in pursuance to this policy all the liquor Licences in form L-1 are granted for
the wholesale vending to a Company or a society or a partnership firm or proprietorship
firm provided the applicant owns distillery / breweries / manufacturing units.
The applications for the grant of Licence are invited
through the public notice published in some of the leading newspapers. An application for
the grant of L-1 Licence is required to be made in response to the public notice in the
prescribed format (Annexure 'I' ) together with its Appendices ('B' and 'C') to the
Collector of Excise. The prime job of L-1 Licensee is to supply liquor to the holders of
L-2, L-3, L-4, L-5, L-5A , L-19 and L-19A licences in the National Capital Territory of
Delhi.
The aspirants for the grant of L-1 Licences have to
comply with the procedure as laid down in the terms and conditions for the grant of L-1
Licences which are made available in the Office during the notice period. The applicant
has to submit the following documents alongwith the application on the prescribed format :
- Solvency Certificate from SDM
- Income Tax Clearance Certificate
- No Dues Certificate from Collector (Excise)
- No Dues Certificate from Sales Tax Officer
- Declaraton of distillery on affidavit regarding sale and
minimum ex-distillery prices and distance.
- CA Certificate for sale and minimum ex-distillery prices.
- Certificate from Excise Authority concerned regarding sale
figure.
- Power of Attorney
- Registered partnership deed/memorandum and Article of
association / (Distillery/Winery/Bottling Unit/Brewery).
- Duly audited annual account and balance sheet of
distillery.
- Attested copy of the licence for establishment of
distillery/winery/bottling unit/brewery.
- Attested photopies of export passes/EVCs verifying the
sale figure of the whisky and rum brands for which distillery has applied.
- Trade Mark Certificate.
- Usership agreement under Trade & Merchandise Marks
Act, 1958.
The IMFL/beer brands proposed to be sold by applicant on
L-1 Licence should be owned by the distillery and in respect of IMFL brands excluding
wine, the applicant should be in possession of trade mark certificate in respect of these
brands. However, if the applicant has sold any IMFL brands in Delhi 1993-94 or in previous
years, TMC is not required in such cases.
In addition, for approval of whisky and rum brands, such
brands should have sold a prescribed minimum quantity in All India Market excluding Delhi
as indicated in the terms and conditions. Once the licence is approved, the applicant is
required to have a Bonded Warehouse approved for storage of liquor. Broadly speaking the
applicant immediately on the approval of L-1 Licence has to deposit Licence Fee and Brand
Fee, apply for the following :-
- Registration of Brands
- Approval of Bonded Warehouse
- Approval of Label
- Fixation of Ex-Distillery Price
9. How can an individual give his
premises on rent for running liquor vend?
Ans. L-2 Licence for retail vend of foreign liquor/beer
are granted only to select undertaking of the Delhi government namely DTTDC, DSIDC, DSCSC
and DCCWS. Any proposal in respect of premises for opening of a vend would come from above
Corporations. As such an individual who wants to give his premises on rent for opening of
a liquor vend has to approach any of these corporations, which after looking into
suitability of the premises approach the office of the Commissioner of Excise for grant of
L-2 licence in respect of the premises.
Broadly any premises to be suitable for opening of liquor
vend should meet the following requirement :-
- The vend premises should be in a pucca building with
minimum floor area of 400 ft. on a floor and located in commercial area.
- The area MLA should have given his positive opinion in
respect of vend premises, as regards opening of the vend.
- The vend premises are inspected by the site selection
committee comprising DEO the representative of the Corporations and area SDM. The
Committee inspects the shop to ascertain that the premises meet the requirement of excise
rules as below :
- "No liquor shop for consumption off the premises
shall be located within a distance of 75 metres from the following, namely:
- Any industrial estate and other major construction site,
- Major educational institution
- Religious Places
- Hospitals and Nursing Homes with more than twenty five
beds; and
- Colonies of Labourers and harijans
If the proposed premises meet the above requirement and
found suitable, the grant of L-2 Licence is approved and the concerned Corporation is
required to deposit Rs. 50,000/- as licence fee before issue of licence. At present 231
shops are in operation all over Delhi.
These vends sell IMFL/Beer brands at rates fixed by the
Excise Commissioner. Retail sale rate are printed on labels of IMFL beer bottles. At
present, while cheapest IMFL is sold in Delhi for Rs90/bottle, high priced scotch brands
are available upto Rs. 1400/quart. Lager beer brands are sold in price range of Rs. 29/-
to Rs. 35/bottle.
10. How can
one take the licence of service of liquor in a hotel?
Ans : On site Consumption Licence
This licence is granted to hotels which are approved by
the Department of Tourism and are categorised as Budget Hotel or possesses any other star
classification from department of Tourism, Govt. of India. Department grants licence to
hotels which are holding star classification and approval of Department of Tourism, Govt.
of India is considered necessary for grant of Licence in form L-3. This Licence is
for service of liquor by a hotel to its residents.
These hotels can also seek separate Licence in form L-5 for service of liquor in exclusive
bar and in the restaurant in the hotel premises. The service of liquor is restricted to
specified premises of bar and restaurant only. The hotel is required to submit application
on its letter head accompanied by the following documents :-
- Documentary proof regarding legal status of the hotel i.e.
whether a company, partnership firm etc.
- Whether the hotel is in legal possession of the plot.
- Completion certificate in respect of the hotel building.
- Trade licence from the Local Authority i.e. MCD/NDMC as
the case maybe
- Lodging House licence from the Local Authority.
- Certificate of registration of eating House licence issued
by the DCP (Licencing).
- Documentary proof regarding applicant being an Income Tax
Assessee and Sales Tax-Assessee.
- The applicant is required to submit lay out plan of the
hotel, site plan of the proposd licence outlets and the liquor stores.
The applicant hotel is required to submit applications to
the Commissioner of Excise. After scrutiny of the papers submitted and the same having
been found to be in accordance with the rules, the hotel premises is inspected by the
concerned Excise Officer from the department who submits report to the licence granting
authority. The inspection is basically to determine status of the premises under the
Excise rules particularly rule 11 of the Delhi Intoxicants Licence and Sales Rules, 1976
which provides that :-
"No liquor shop for consumption 'on' the premises
shall be located within a distance of 75 metres from the following, namely :-
- Any industrial estate and other major construction site,
- Major educational institutions,
- Religious places,
- Hospitals and Nursing Homes with more than twenty five
beds, and
- Colonies of Labourers and harijans."
Provided that the above restriction of 75 mtrs shall not
be applicable in the case of Nursing Homes and Hospitals with less than tewnty five beds.
Once the hotel has been found to be suitable for grant of
licence, the views of the public/residents are invited on the proposal giving them 7 days
time in this regard to file objections before the licensing authority. This is done
through pasting of notices and also through public announcement in the area. After no
objection has been received, the competent authority proceeds with approval for grant of
licence. After approval, the hotel is required to submit fees as prescribed under the
rules. On deposit of the same, licence is issued to the hotel. L-5 Licence for exclusive
bar/restaurant within the hotel is granted in conjunction with L-3 Licence only and
requirement as above also apply for grant of L-5 Licence.
11. How can one take the licence for
service of liquor in Restaurant?
Ans. L-4 Licence is granted to an independent restaurant
approved by Department of Tourism, Govt. of India. Such restaurants can apply in the
office of the Commissioner of Excise in prescribed form and submit documents as indicated
in the application form. The restaurant should be situated in commercial area with
adequate parking space. The restaurant has to meet the requirement of rule 11 of Delhi
Intoxicants Licence & Sales Rules, 1976 as quoted in case of L-3/L-5 Licences
conditions. Rest of the procedure for the grant of Licence is the same as indicated in
case of L-3/L-5 Licence.
12. How can one take the licence for
service of liquor in a Club?
Ans. L-19 Licence is granted for service of the
liquor/beer in a club registered under the Society Registration Act, 1860. The applicant
is required to apply on the letter head of the club to the office of the Commissioner of
Excise and the accompaning documents are to be submitted as below.
- Registration certificate in respect of club.
- Documentary proof in support of legal possession of the
plot of the club.
- NOC from the area DCP.
- List of members of the club.
- List of the office bearers of the club.
- Resolution passed by the Management Committee to start the
bar facility in the club and also to meet the liability thereof.
Rest of the procedure with regard to the grant of Licence
is the same as indicated in respect of L-3/L-5 Licence.
13. How many bottles of liquor can a
person keep without a specific licence for a purpose?
Ans. Possession limit for liquor :Liquor
being an exciseable article, it can not be stored by a person like any general commodity.
Possession limit has therefore been prescribed. A consumer is allowed to keep 18 lts of
IMFL/Beer (in any proportion) at his residence at a time for bonafide consumption by him
and family members/guests. For higher possession, he can apply to the Department for a
permit for which a fee of Rs. 2000/- is charged. The applicant has to be income tax
assessee to be eligible for the permit.
14. What
kind of entertainment programs are exempted or given exemption form Entertainment Tax?
Ans. Entertainment tax exemption are granted liberally to
plays, ballets, Operas, classical dance/music, puppet shows etc. There is also a provision
to grant tax exemption to films which have received National & International awards.
Entertainment shows organised to promote the cause of education, philanthropy and sports
are also granted tax exemptions.
15. What is the Luxury Tax?
Ans. As an attempt to mobilise a new source of revenue,
the Govt. of Delhi decided to explore an hitherto untapped source of revenue namely the
Hospitality Industry. The Luxury Tax was introduced w.e.f from 1.11.1996 which shall be
levied @10% on various hotels, Inns, lodging houses, clubs etc. providing
"Luxury" meaning thereby accommodation and other services, excluding food and
beverages, provided in a hotel, the rate or charges for which including the charges of air
conditioning, telephone, radio, music, extra beds and the like is Rs. 500/- per room per
day or more.
The term "hotel" includes a residential
accommodation, a lodging house, an inn, a club (both incorporated and un-incorporated
association of persons), a resort, a farm house, a public house or a building or part of a
building, where a residential accommodation is provided by way of business.
16. How can one get registration for
Luxury Tax?
Ans. Basic requirements :- Hotels
that come under the perview of Delhi Tax pm Luxuries Act, 1996 should get itself
registered in the Luxury Tax Department. The following are the basic requirements /
documents, a hotelier has to submit to get itself registered :-
- Form 1, 4 and 7 duly completed
- Photograph of person signing and verifying the
application/of all partners in case of a firm.
- Proof of ownership/possession of property by the hotelier
(any document indicating proof of possession e.g. rent, agreement, rent-receipt etc.)
- Proof of residential addresses as furnished in para-2 of
Form 4 - by way of copy of the ration card / voters identity card /
driving licence / passport / telephone bill / electricity bill / affidavit / any other
documented proof.
Form No. 1
Form No. 4
Form No. 7
Other Essential Requirements :-
The following are the other necessary requirements which must be fulfilled after
registration, if they are not fulfilled due to genuine reasons, before registration.
- Partnership deed and the certificate of registration of
the partnership firm / certificate of incorporation and memorandum and articles of
association in case of a body corporate.
- Letter of authorisation in favour of person signing and
verifying the application (copy of the boards resolution to this effect, in case of
a body corporate).
- Copy of sales tax registration certificate, if any. After
submitting the above mentioned requirements the Department has to see as to whether the
registration certificate can be granted to the concerned applicant as per Delhi Tax on
Luxury Tax, 1996.
17. What are the activities of the
department related to responsible drinking?
Ans. (i) Encouraging Shift from
High Alcohol to Low Alcoholic Drinks In consonance with this objective of the policy, the
rates of duty and licence fees on liquor in Delhi have been kept at substantially high
level leading to availability of beer at comparatively attractive rates thereby making it
preferable for consumption as compared to hard liquor. The departments success in
this regard is reflected in the sale of beer.
| Year |
Sales
of Beer in Bottles |
| 1994-95 |
18797645 |
| 1995-96 |
26753113 |
| 1996-97 |
28852880 |
| 1998-99 |
36570636 |
| 1999-2000 |
32111134 |
(ii) Dry Delhi
As a responsive administration, sensitive to the feelings
of the population, the Govt. decided to declare dry days on days of major religious
festivals in addition to the National Holidays. Thus the number of dry days now being
observed are 21.
18. What are the activities of the
department ensuring that public get their brand of choice?
Ans. Self Serviced Vends
For the Consumers of liquor, Govt. tries to streamline the functioning of liquor vends
through various measures. Thus it has introduced concept of self-service vends thereby
giving facility to customer to select the brands of his choice in the vends. This has
helped in reducing malpractices at the vends and the Govt. has accordingly decided to open
only self-service vends in future.
19. What has been the revenue moblised by
the department in recent years?
Ans. Revenue Growth
Excise Department
| Financial Year |
Revenue
Collected (Rs. in Crores) |
| 1994-95 |
308.45 |
| 1995-96 |
335.75 |
| 1996-97 |
446.10 |
| 1997-98 |
515.00 |
| 1998-99 |
526.50 |
| 1999-2000 |
566.00 |
20. What is the department
contribution to consumer protection?
Ans. Contribution to Consumer Protection
Excise
- Through regulating retail trade of liquor.
- Through quality control
- Through opening more self service liquor vends.
Entertainment
- Though controlling the Cinema Ticket prices of the lower
class.
- Through granting tax exemption to circus, puppet shows,
magic shows etc.
- Granting tax exemption to registered societies of arts
& theaters.
- Through exempting films with messages and of social
significance, and important national & international awardee movies.
Luxury Tax
- Granting luxury tax exemption to lower income group
tourists i.e. rooms with rates less than Rs. 500/- per day.
21. What are the various kinds of licence
issued by the department?
Ans. Details of Licences
Click here to
get list
22. What is liquor?
Ans. SOME FACTS ABOUT LIQUOR
- Liquor is a liquid intoxicant, deriving its intoxicating
potency from the ethyl alcohol in it. Liquor can be divided into three broad categories,
namely Indian Made Foreign Liquor (IMFL), Beer and Country Liquor. Hard liquors broadly
have an alcohol content of and above 20% and denote Whisky, Rum, Brandy, the white spirits
like Gin and Vodka and Soft liquors have a range of 4-20% of alcohol and include Beer,
Cider, Wines and Liqueurs. Country liquor also comes within the definition of liquor.
- Most liquor making starts with the process of
fermentation, followed by brewing or distillation (latter in case of hard liquors) Raw
material for fermentation usually differs from liquor to liquor and is corn or malt in
case of Whisky, molasses in case of Rum and Country liquor, grapes in case of Brandies and
Wines, any starchy substance for Gin and Vodka and barley for Beer. The raw material can
also differ depending upon the availability in the area. Eventually it is the flavour that
marks the liquor for its variety as well as quality.
- In Indian markets most prominent segment of liquor
consumed by the middle classes, is the Indian Made Foreign Liquor, which covers most
liquor, barring beer and country liquor, and is available in glass or sometimes plastic
bottles. Beer is also available in glasses filled through dedicated dispensing taps what
is known as draught beer. Most Indian beer is Lager which can be stored for some time. and
all of them use a herb, known as hops, for flavouring. Liquors from which sugar content
has been chemically reduced are termed as "dry". Country Liquor is generally
contains about 25% of alcohol and in Delhi is available in glass bottles only. Wines in
India are available in red or white variety, with pink almost non existing. Champagne,
generally a ceremonial drink, also known as sparking wine, is generally off-white and is
fizzy because of its carbonation at the time of bottling. Liqueurs are concentrated
syrups, available in myriad flavours, and are usually taken without dilution after major
meals.
23. What are the general instructions
related to public as regards Excise Department?
Ans. Do's & Don't
As a part of its policy to provide safe and quality
liquor to the consumers in Delhi, the Excise Department has formulated the following do's
& don't which are followed strictly in regulating and controlling the sale of liquor
in the NCT of Delhi.
Licence cannot be granted to :-
24. What is the action department is
taking with reference to modernisation of Excise Department ?
Ans. Computerisation
The Commissionerate is committed towards consumer
convenience and revenue mobilisation through Computerization. The Excise, Entertainment
and Luxury Tax Commissionerate of NCT of Delhi has two major objectives :
* To enforce and regulate the liquor trade in Delhi without promoting it.
* To mobilize revenue generation under the 3 heads of taxation that
it administers. The department has realised that the increasing workload
under the manual system affects efficiency and also hampers department's revenue
collection capacity. Hence the remedy lies in extremely smooth operating infrastructure,
and effective communication systems. This requires an integrated information technology
network.
The major benefits of the system will be
* Automation of the issue of Transport Permits, import
permits.
* Generation of timely, intelligent reports and
comparisons will help managerial control, inventory management, improve efficiency and
enable revenue record reconciliation on daily basis. This will also help flattening of tax
cycle & reducing floats as well as cost of collection.
* Ease of tax rates or regulatory changes being put in
force immediately and also providing transparency to department in it's business with it's
clients.
* Control data e.g. occupancy rates for hotels, ordering
patterns for corporation and bookings for entertainment can be monitored effectively.
As regards hotels and entertainment entities with respect
to Luxury Tax and Entertainment Tax the system in course of time will build value for them
primarily by increasing convenience and reducing cost of money transfer, possibly doing
away with manual filing of periodic returns and effective reconciliation, thus reducing
accounting load.
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