|1. 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.
2. What are the functions of various wings of the Excise Department?
3. What are the IPs and TPs?
- IMFL - Licences of Liquor
- Country Liquor Branch
- Import/Transport Permit Branch
- Excise Control Laboratory
- Excise IB
- Administration and Vigilence
- Medicinal and Toiletry
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.
4. 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
Settlement of dispute : Within 15 days of response to final notice. Visitors : With prior Appointment : Immediate Within visitor’s 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.
- declaration/returns/intimation : on the spot written receipt to bearers
- For Those received by dak-within 10 days
5. What are the licensed places for In Site consumption of liquor in Delhi?
6. What are the basic licenses granted by the Excise Department?
7. How can one become a wholesaler of liquor in Delhi?
- Grant of L-1 Licence
- Grant of L-6 Licence
- Grant of L-15/L-16 Licence
- Grant of L-17 Licence
- Grant of L-28 Licence
- Possession Limit
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-6, L-15, L-17, L-16, L-20, L-28 and L-29 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 :
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 :-
- 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.
8. How can an individual give his premises on rent for running liquor vend?
- Registration of Brands
- Approval of Bonded Warehouse
- Approval of Label
- Fixation of Ex-Distillery Price
Ans. L-6 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-6 licence in respect of the premises. Broadly any premises to be suitable for opening of liquor vend should meet the following requirement :-
If the proposed premises meet the above requirement and found suitable, the grant of L-6 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.
- 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
9. 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-15. This Licence is for service of liquor by a hotel to its residents.
These hotels can also seek separate Licence in form L-16 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 :-
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 51 of the Delhi Excise Rules, 2010 which provides that :- "No liquor shop for consumption 'on' the premises shall be located within a distance of 75 metres from the following, namely :-
- 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.
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-16 Licence for exclusive bar/restaurant within the hotel is granted in conjunction with L-15 Licence only and requirement as above also apply for grant of L-16 Licence.
- 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."
10. How can one take the licence for service of liquor in Restaurant?
Ans. L-17 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 51 of the Delhi Excise Rules, 2010 as quoted in case of L-15/L-16 Licences conditions. Rest of the procedure for the grant of Licence is the same as indicated in case of L-15/L-16 Licence.
11. How can one take the licence for service of liquor in a Club?
Ans. L-28 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.
Rest of the procedure with regard to the grant of Licence is the same as indicated in respect of L-15/L-16 Licence.
- 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.
12. 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.
13. 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.
14. What is the Luxury Tax?
- Form 6 (Application Form- Permission to hold invitee program)
- form 14 (Application form for exemption from entertainment 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. At present the threshold limit has been increased from Rs. 500/- to Rs.1000/- per room par day w.e.f. 20.09.2010
15. 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
- Two passport size 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 / voter’s identity card / driving licence / passport / telephone bill / electricity bill / affidavit / any other documented proof.
- Copy of first Bill and copy of first bill against which the hotelier first became liable to pay Luxury Tax.
- Photocopy of first page of guest Entry Register.
- Copy of partnership deed / Certificate of Registration under the Society Act / Trust Deed /Memorandum of Article of Association.
- Copy of PAN of the director / Partners / Proprietor / Karta etc. /Authorised Person / Company / Trust /Firm.
- Copy of Board resolution in respect of authorised person.
- Detail of Bank Accounts.
Form No. 1Other 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.
Form No. 4
Form No. 7
16. What has been the revenue moblised by the department in recent years?
- 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 board’s 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.
Ans. Revenue Growth
||Revenue Collected (Rs. in Crores)|
17. 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.
- 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.
18. What are the various kinds of licence issued by the department?
- Granting luxury tax exemption to lower income group tourists i.e. rooms with rates less than Rs. 1000/- per room per day.
Ans. Details of Licences Click here to get list
19. What is liquor?
Ans. SOME FACTS ABOUT LIQUOR
20. What are the general instructions related to public as regards Excise Department?
- 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.
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 :-
21. What is the action department is taking with reference to modernisation of Excise Department ?
- Any person who has been declared insolvent by any court in India, who is insane or who is below 25 years of age.
- Any person who has been convicted by a criminal court for any non-bailable offence.
- Any person who is not assessed to be liable to pay income tax.
- No licensee shall employ any person suffering from an infectious or contagious disease.
- No person shall print or publish in any news paper / book / leaflet for display or distribute any advertisement or other matter soliciting the use of or offering any liquor.
- L-4 licence for service of IMFL/Beer may only be granted to an independent restaurant approved by the Department of Tourism of the Central Govt.
- The business premises of a licensee shall be kept closed on all dry days.
- The hours for the sale of liquor shall be such as may be specified in an order by the Excise Commissioner. At present the timing for L-2 vends are Summer 1 p.m. to 10 p.m.
Winter 12 noon to 9 p.m.
- The licensee shall not sell liquor at any higher price other than that fixed by the Excise Commissioner.
- The licensee shall prominently display in front of his shop a signboard showing the retail price of each kind of liquor to be charged by him.
- No person shall have in his possession any quantity of any intoxicant, knowing the same to have been unlawfully imported, transported, manufactured, cultivated or collected, or knowing the prescribed duty not to have been paid thereon.
- No licensed vendor shall sell or deliver any liquor or intoxicating drug to any person apparently under the age of twenty five years whether for consumption by such person or by another person and whether for consumption on or off the premises of such vendor.
- No person who is licensed to sell any liquor or intoxicating drug for consumption on his premises shall, during the hours in which such premises are kept open for business employ or permit to be employed, either with or without remuneration, any man under the age of 25 years or any woman in any part of such premises in which such liquor or intoxicating drug is consumed by the public.
- Consumption and service of liquor at public places is completely banned.
- Consumption of liquor is injurious to health.
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.
22. 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 department’s success in this regard is reflected in the sale of beer.
||Sales of Beer in Bottles|
(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.
23. 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.
24. 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 who’s 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.
For every Excise Year, the Government of N.C.T of Delhi notifies the number of dry days. The Excise Year commences on 1st July and comes to an end on 30th June. For the current Excise Year, the Government has declared 21 dry days including three National holidays. It has been observed that normally people are confused about implications of a dry day.
It may be clarified that on dry days, sale and supply of liquor will remain suspended meaning thereby all the whole salers of country liquor as well as IMFL / Beer will not make the supply of liquor and all the retail vends will remain closed. But service of liquor in licensed Bars / Hotels / Clubs and Restaurants is permissible even on dry days except on three National holidays.
Even on the three National holidays, there is no bar on service of liquor in the rooms by the hotels provided they have obtained L-15 license for room service.
Not only this, on the National holidays, even P-13 / P-10 licenses are not granted. These are special temporary licenses granted for service of liquor in parties/functions. These licenses may however, be granted on other dry days.
It may be clarified that there is no ban for service of liquor by anyone at his residence provided the liquor served is authorised and is within the permissible limits.
The list of the dry days is given below