Answer / gaurav

(1) If the Commissioner of Central Excise has reason to
believe that the credit of duty availed of or utilised
under the rules made under this Act by a manufacturer of
any excisable goods -



(a) Is not within the normal limits having regard to the
nature of the excisable goods produced or manufactured, the
type of inputs used and other relevant factors, as he may
deem appropriate;



(b) Has been availed of or utilised by reason of fraud,
collusion or any willful mis-statement or suppression of
facts,



He may direct such manufacturer to get the accounts of his
factory, office, depot, distributor or any other place, as
may be specified by him, audited by a cost accountant
nominated by him.



(2) The cost accountant so nominated shall, within the
period specified by the Commissioner of Central Excise,
submit a report of such audit duly signed and certified by
him to the said Commissioner mentioning therein such other
particulars as may be specified.



(3) The provisions of sub-section (1) shall have effect
notwithstanding that the accounts of the said manufacturer
aforesaid have been audited under any other law for the
time being in force or otherwise.



(4) The expenses of, and incidental to, such audit
(including the remuneration of the cost accountant) shall
be determined by the Commissioner of Central Excise (which
determination shall be final) and paid by the manufacturer
and in default of such payment shall be recoverable from
the manufacturer in the manner provided in section 11 for
the recovery of sums due to the Government.



(5) The manufacturer shall be given an opportunity of being
heard in respect of any material gathered on the basis of
the audit under sub-section (1) and proposed to be utilised
in any proceeding under this Act or rules made there under.



Explanation : For the purpose of this section, "cost
accountant" shall have the meaning assigned to it in clause
(b) of sub-section (1) of section 2 of the Cost and Works
Accountants Act, 1959 (23 of 1959).

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