Excise Duty Act, 2058 (2002: An Act Made To Amend and Codify The Laws Relating To Excise Duty
Excise Duty Act, 2058 (2002: An Act Made To Amend and Codify The Laws Relating To Excise Duty
Excise Duty Act, 2058 (2002: An Act Made To Amend and Codify The Laws Relating To Excise Duty
1. Republic Strengthening and Some Nepal Laws 2066/10/07 (21 January 2010)
Amendment Act, 2066 (2010)1
2. Some Nepal Laws Amendment Act, 2072 (2016) 2072/11/13 (25 February 2016)
⬌………………
An Act made to amend and codify the laws relating to excise duty
1
This Act came into force on 15 Jesth, 2065 (28 May 2008).
This Act came into force on 1 Bhadra, 2075 (17 August 2018).
⬌ Removed by Republic Strengthening and Some Nepal Laws Amendment Act, 2066 (2010).
1
(Unofficial Translation)
Preamble: Whereas, it is expedient to amend and codify and make extant the laws provisioned
for the imposition and recovery of the excise duty on the products manufactured in or imported
into, or the services delivered in, ⬌………….. Nepal in order to mobilize revenue by making
effective the process of collecting revenue needed for economic development of the country;
Now, therefore, Parliament has enacted this Act in the first year of reign of His Majesty
the King Gyanendra Bir Bikram Shah Dev.
1. Short Title and Commencement: (1) This Act may be called as the “Excise Duty Act,
2058 (2002)”.
(2) This Act shall come into force immediately.
2. Definition: Unless the subject or the context otherwise requires, in this Act:
(a) “Excisable Goods or Services” means goods or services on which excise duty is
levied pursuant to this Act or other prevailing laws.
2
(a1) “Excise stamp” means the ticket indicating securities mark in the format
prescribed by the Department to be used in the excisable goods and this term also
includes securities mark provided through electronic medium or any other mark
as prescribed by the Department.
(d) “Enterprise” means any firm, company or organization incorporated under the
prevailing laws with the objective of production, import, storage or sale
distribution of excisable goods, or for providing excisable services.
⬌ Removed by Republic Strengthening and Some Nepal Laws Amendment Act, 2066 (2010).
2
Added by Financial Act 2077(2020)
2
(Unofficial Translation)
(f) “Excise Duty Officer” means the officer designated by the Government of Nepal
for the purpose of this Act.
(h) “Producer” means person, firm, company or organization having obtained the
license to produce excisable goods and this term also includes person, firm,
company or organization providing the excisable services.
♦
(h1) “Tobacco Products” means pan masala, gutkha, chewing tobacco or other similar
products containing mixture of tobacco or tobacco products for smoking or for
consumption by chewing or to be put in mouth and this term also includes
cigarette, quid of tobacco (bidi), cigar.
(i) “Person” means any person, enterprise, association, partnership firm, cooperative,
joint venture, director of a trust or fund, proprietor and chief representative or
agent, and this term also includes any entity, or branch or sub-branch of such an
entity or similar place of transaction that, with or without profit motive,
manufactures or imports excisable goods or services and sells and distributes such
excisable goods or services in wholesale or retail or any manner.
◉
(j) “Factory Price” means the price of excisable goods determined by summing up
only the cost of production of such goods and the profit of the enterprise without
adding the excise duty or other taxes.
(k) “Price” means:
(2) The price as per the invoice in the context of services provided,
◉
Amended by the Financial Act 2075 (2018).
♦
Added by the Financial Act 2075(2018).
◉
Amended by the Financial Act 2075 (2018).
3
(Unofficial Translation)
◉
(3) The price determined as per Sub-section (2) of Section 7 in the context of
imported goods.
(l) “Import” means the act of bringing excisable goods from a foreign country into
Nepal⬌ ………… as per the prevailing laws.
(m) “Invoice” means the bills, receipt or voucher issued as per this Act by stating the
price.
(n) “Department” means the department designated by Government of Nepal for the
purpose of this Act.
(o) “Director General” means the Director General of the Department.
♦
(o1) “Liquor” means any alcoholic substance with more than 0.5 percent alcohol,
prepared by fermenting any grains, fruits or any other stratchful substance or by
other method, and this term also includes alcoholic beverages, spirit, chyang,
whiskey, rum, gin, brandy, vodka, beer, wine, sherry, champagne, cider, perry,
mid, malt, industrial alcohol, rectified spirit, malt spirit, silent spirit, denatured
spirit, E.N.A., heads spirit.
(o2) “Ready-made liquor” means all kinds of alcoholic beverages prepared from
mixtures with alcoholic strength by volume of less than 57.06 percent.
(o4) “L.P. liter” means the content of pure ethanol in a liter is 57.06 percent.
⬌ Removed by Republic Strengthening and Some Nepal Laws Amendment Act, 2066 (2010).
♦
Added by the Financial Act 2075(2018).
4
(Unofficial Translation)
♦
(o7) “Physical Control System” means the system of production, removal, import and
export of excisable goods under the control of the Excise Duty Officer or any
other employee designated by such Officer.
(o8) “Self-Removal System” means the system of production, removal, import and
export of excisable goods or services other than those based in physical control
system.
♦
(o9) “Determination of Excise Duty” means the determination of excise duty made
pursuant to this Act.
(o10) “Claimed Amount” means the total amount fixed by adding the price of
goods or services subject to excise duty under this Act and the excise duty
charged on such goods or services.
(o11) “Electronic Medium” means medium like computer, internet, e-mail, fax,
electronic cash machine, fiscal printer and this term also includes electronic
payment gateways and such other approved mediums as prescribed by the
Department.
◉
3. To levy excise duty: Excise duty as set forth in Schedule shall be levied if an enterprise
by producing goods removes, imports goods and sells services.
3A. Assessment and recovery of excise duty: (1) The liability to asses and recover excise
duty levied pursuant to this Act shall be upon the producer producing excisable goods
and services.
♦
Added by the Financial Act 2075(2018).
◉
Amended by the Financial Act 2075 (2018).
5
(Unofficial Translation)
However, in case of imported goods, the concerned Customs Office shall assess and
recover the excise duty.
(2) If excise duty is applicable at the time of sales or distribution apart from the time
of production or import, the liability to asses and recover the applicable excise duty shall
be upon the importer or the seller.
(3) The excise duty paid for raw materials consumed in the course of production of
excisable goods may be deducted against the excise duty paid upon removal of the final
goods.
Provided that, other than tobacco industry under the self-removal system, excise duty
paid while purchasing or importing raw materials by an industry may be deducted against
excise duty paid while selling the final good.
(4) Any excise duty paid for goods incurring loss due to fire, theft, accident,
destructive incident or expiry of the date of utility of the good, may be deducted as
prescribed by the Department.
(5) While deducting excise duty pursuant to this Section, excise duty paid on import
of auxiliary raw materials, packaging materials, and raw materials and machinery parts
having customs duty exemption shall not be allowed to be deducted.
♦
3B. Excise duty not to be levied: (1) No excise duty shall be levied on the excisable goods
and services pursuant to Section 3, under the following circumstances:
(a) If any goods or services are exported outside Nepal or any goods other than
liquors or cigarettes are sold to a licensed duty-free shop (bonded warehouse
and duty-free shops),
(b) If a licensed bonded warehouse sells cigarettes or alcohol to a person or entity
having diplomatic and tariff privilege as per the recommendation of Ministry
of Foreign Affairs, Government of Nepal.
♦
Added by the Financial Act 2075(2018).
6
(Unofficial Translation)
Provided that,
(1) Bonded Warehouse shall not be restricted from selling or distributing goods,
other than cigarette or alcohol, without levying excise duty on it.
(2) While importing excisable goods to be sold from a bonded warehouse, cash
deposit or bank guarantee equivalent to excise duty applicable on such goods
shall be furnished.
(2) The procedure to release or refund cash deposits or bank guarantee pursuant to
Clause (b) of Sub-section (1) shall be as prescribed by the Department.
(4) Industry producing and exporting excisable goods to foreign countries, shall
be allowed to deduct excise duty paid on purchase or import of raw materials used for
producing the excisable goods, to the extent of quantity of export, against the excise duty
to be paid during removal of goods pursuant to Sub-section (3) of Section 3A.
(5) Claims may be submitted before the Excise Duty Officer for refund of excise
duty that could not be adjusted upon deducting pursuant to Sub-section (4).
(6) If the Excise Duty Officer, upon investigation and examination finds the
claims for refund of excise duty amount pursuant to Sub-section (5) to be reasonable,
shall refund the amount within sixty days of making such claim.
(7) In order to claim for refund of excise duty pursuant to Sub-section (5), there
should be a value addition of at least fifteen percent (15%) during the export of tobacco
and alcoholic products and beetle (pan masala) products.
(8) While claiming for refund pursuant to Sub-section (5), if the claims are not
made within one year of the expiry of the period to submit details and if the value
7
(Unofficial Translation)
addition pursuant to Sub-section (7) has not occurred, the excise duty shall not be
refunded.
◉
4. Recovery of excise duty: (1) Except as otherwise provided in this Act, excise duty shall be
recovered from the goods and services subject to excise duty under this Act, in the
following circumstances:
(a) In case of goods produced by industry under Physical Control System, at the
time of removal for sale after production from the enterprise,
(b) In case of goods or services under the self-removal system, at the time of
issuing the invoice,
(c) In case of imported goods, at the customs point at the time of entry inside the
territory of Nepal,
♦
4A. Liability to pay excise duty: The following person shall be liable to pay excise duty
pursuant to this Act:
(a) In case of goods and services produced within Nepal, the producer,
(b) In case of imported goods, the person mentioned in the bill of lading, airway
bill, invoice or application for clearance for receiving such goods,
(c) In case of auction of excisable goods, the person acquiring such goods,
(d) In cases where goods other than alcohol or tobacco bought from a duty-free
shop is resold or used for other purpose, the person reselling it or re-using it,
◉
Amended by the Financial Act 2075 (2018).
♦
Added by the Financial Act 2075(2018).
8
(Unofficial Translation)
(e) In cases where the status of goods or service exempted from excise duty is
converted into excisable, the person having ownership over such good,
(f) In circumstances other than that set forth from Clause (a) to (e), any other
person as prescribed by the Department
♦
4B. Time limit to deposit excise duty: (1) The excise duty collected pursuant to this Act
shall be deposited as follows:
(a) In case of goods based on Physical Control System, at the time of removal of
such goods,
(b) In case of goods or services produced, sold and distributed under Self
Removal System, within twenty-fifth day of the month following the issuance
of the invoice,
(c) In case of imported goods, at the time in which such goods enter into Nepal,
(d) In case of imported services, as prescribed by the Department.
(3) If the excise duty is not paid within the time limit prescribed under Clause (b) of Sub-
section (1), a delay fee at the rate of 0.05 percent per day shall be charged on the
amount of excise duty remaining due.
♦
4C. Exemption from excise duty: (1) Goods imported on the recommendation of Ministry of
Foreign Affairs by a person or entity enjoying diplomatic facility shall be exempted from
excise duty.
(2) Notwithstanding anything contained in Sub-section (1), excise duty shall also
be exempted in the following circumstances:
(a) If diplomatic mission or donor agency transfers the motor vehicles, not older
than ten years since the year of its first production, that they imported with
diplomatic facility or tariff facility to any project as per the approved annual
program of such project and converts the number plate into governmental
♦
Added by the Financial Act 2075(2018).
9
(Unofficial Translation)
plates; or if the motor vehicle, not older than ten years since the year of its
first production, imported in the name of any project under full or partial tariff
facility (except those imported on inventory or bank guarantee) is transferred
to local body, community school, community hospital or governmental body
with the approval of Ministry of Finance, Government of Nepal upon the
completion of the project, the excise duty shall not be levied on such transfer;
⟎
(b) If any diplomatic agency, project, person and other body (governmental or
non-governmental organization) intends to scrap and cancel the registration of
any motor vehicle imported by them under tariff facility, which is older than
fifteen years from the year of its production, with the approval of Ministry of
Finance such that it cannot be re-used, the excise duty shall not be levied on
such motor vehicle.
(c) If the owner of a motor vehicle imported for personal use with the enjoyment
of partial customs tariff facility dies and the motor vehicle has to be
transferred to the husband or wife of such owner of motor vehicle, the excise
duty shall not be levied on such transfer.
(d) Armored personal carrier, motor vehicles, arms ammunitions and all other
kinds of goods taken by mentioning in the record for use by the battalions of
Nepal Army, Armed Police Force and Nepal Police deployed as peacekeepers
on the request of United Nations.
(3) An industry producing goods by using ninety percent or more of local scrap
(Jhutra or Patru) goods shall be exempted from excise duty levied on such products.
♦
4D. Control on sale and distribution: (1) The Government of Nepal may control the sale
and distribution of excisable goods that it deems necessary to control and manage sale
and distribution of such goods as prescribed.
⟎
Added by Financial Act 2076 (2019).
♦
Added by the Financial Act 2075(2018).
10
(Unofficial Translation)
(2) A businessperson, other than hotel and restaurants, carrying out transaction of
liquor shall only transact liquors and tobacco.
(3) A person licensed to carry out transaction of tobacco shall carry out such
transaction through a separate place.
♦
4E. Provision relating to gifts and cash discounts: The liquor, beer or cigarette industry or
importers or sellers of such products shall not operate any type of gift schemes or provide
any discounts 3…………while selling such products to any other distributor. If such an
act is carried it shall be deemed a breach of the condition of the license.
5. Power to appoint or designate Excise Duty Officer: Government of Nepal may, for the
purposes of this Act, appoint Excise Duty Officer in the required number, and in cases
where Government of Nepal deems it necessary, may designate any other officer of
Government of Nepal to act as the Excise Duty Officer.
6. Jurisdiction of Excise Duty Officer: The jurisdiction of excise duty officer shall be as
prescribed by the Government of Nepal.
◉7. Price determination of excisable goods or services: (1) In cases where the excise duty
on any product or service, produced inside Nepal, is to be levied according to value (ad
valorem), the excise duty shall be levied taking the following price as the basis:
(a) The factory price determined by a producer at the time of selling an excisable
goods;
(b) In case of service, the price of the service at the time of selling it; or
♦
Added by the Financial Act 2075(2018).
3
Deleted by Financial Act 2077(2020)
◉
Amended by the Financial Act 2075 (2018).
11
(Unofficial Translation)
(c) The price specified by the Department on the basis of cost of production or
other reasonable basis.
(2) In case of goods to be imported into Nepal, the excise duty shall be levied on the
price determined after adding the customs duty on such goods to the price determined for
the purpose of levying customs duty on them.
(3) In case of services, the excise duty shall be collected from the price determined
on the basis of the invoice.
(4) For the purpose of collecting excise duty, the Department may re-determine the
price or determine additional price, as required.
8. License to be obtained: (1) No one shall manufacture, import, sell or store an excisable
goods or provide excisable services to any other person, without obtaining a license
pursuant to this Act.
(2) A person, firm, company or organization that intends to obtain the license as
referred to in Sub-section (1) shall file an application to the Excise Duty Officer for the
license, in such format and accompanied by such fee as prescribed.
◉9. Provision on license: (1) No one shall manufacture, import, sell or store an excisable
goods or provide excisable services to any other person, without obtaining a license
pursuant to this Act or the Rules framed under this Act.
However, no excise duty license shall be required to import excisable goods under the
diplomatic facility on the recommendation of the Ministry of Foreign Affair, Government
of Nepal and to sell or store goods under self-removal system.
(2) A person, firm, company or organization that intends to obtain the license referred
to in Sub-section (1) shall file an application to the Excise Duty Officer for the license, in
such format and accompanied by such fee as prescribed.
◉
Amended by the Financial Act 2075 (2018).
12
(Unofficial Translation)
(3) In cases where an application is filed to the Excise Duty Officer for the license
pursuant to Sub-section (2), the Department or the Excise Duty Officer designated by the
Department shall, if it appears appropriate to issue license upon making necessary
examination on such an application, issue the license in the prescribed format.
(4) The term of the license issued pursuant to Sub-section (3) shall remain valid for
one fiscal year.
(5) A licensee who intends to renew the license shall renew the license within the
month of Shrawan after the expiration of the period specified pursuant to Sub-section (4)
by paying the fees as prescribed.
Provided that,
(a) If a licensee so intends, license may be renewed for a period of three fiscal
years by paying renewal fees at once.
4
(c) A license obtained for production of excisable goods under self-removal
system, except tobacco products shall not be required to be renewed.
(6) A licensee, except the ones producing or importing, who fails to obtain the
renewal within the period as referred to in Sub-section (5) shall pay a fine of twenty five
percent of the renewal fees for obtaining the renewal within the first three months of the
expiration of such a period; a fine of fifty percent of the renewal fees for obtaining the
renewal within three months thereafter; a fine of seventy five percent of the renewal fees
for obtaining the renewal within next three months thereafter and a fine of hundred
percent of the renewal fees for the period till the end of Ashadh.
4
Amended by Financial Act 2077(2020)
13
(Unofficial Translation)
⟎
(6A) The licensed producers and importers failing to renew the license within the
time limit set forth in Sub-section (5), shall, for renewal of license, deposit the fine
equivalent of fifty percent of the renewal fees in the first three months after the expiry of
time limit and a fine of hundred percent of renewal fees in the next three months. Put the
amendment mark)
However, the producers and importers obtaining license pursuant to Sub-section (3) if
fails to renew the license within the time limit as set forth in Sub-section (5), may renew
their license within 14 Jan 2020 (end of Poush 2076), if intended, by depositing the
renewal fees payable for each year and fine equivalent to hundred per cent of such fees.
(7) If any person carries out transaction without obtaining the license as referred to in
Sub-section (1), the person shall not be exempted from the fees chargeable for the license
and for its renewal.
9A. Power to hold license: (1) If a licensee stops carrying out transaction of excisable goods
or services, the licensee shall file an application to the Excise Duty Officer for holding
the license along with reason for such action within 15 days.
(2) If an application is received pursuant to Sub-section (1), the Excise Duty Officer
shall make decision to hold or not to hold the license of that licensee, and if it appears
necessary to hold the license, shall hold it and notify the licensee within fifteen days after
the receipt of the application.
(3) The licensee whose has been kept on hold pursuant to Sub-section (2) shall not be
required to file returns as referred in Section 10A since the next month of the such hold.
(4) The licensee shall not be required to renew the license pursuant to Section 9
during the period of hold pursuant to Sub-section (2).
(5) The licensee shall file an application to the Excise Duty Officer, in case they
intend to resume the transaction of goods or services from the license kept in hold
⟎
Added by Financial Act 2076 (2019).
Added by the Financial Act 2075(2018).
14
(Unofficial Translation)
pursuant to Sub-section (2) and the Excise Duty Officer shall permit the transaction to be
carried out after receiving such application.
9B. Power to suspend license: If the licensee producing excisable goods like alcohol,
cigarettes or tobacco products, produces, removes or sells and distributes such goods
produced by them without sticking excise duty stickers or using fake stickers or re-using
old stickers; or if it is found through preliminary investigation that the excise duty has
been evaded by producing and storing such goods without recording the raw materials
required for production, then the Excise Duty Officer may suspend the license of such
licensee for up to three months.
(2) The licensee shall not produce, sell or remove the goods produced by them during
the period of suspension as per Sub-section (1).
(3) If any person is found to carry out the act under this Section, it shall be deemed as
the offence under this Act.
10. Power to cancel license: The Department may cancel the license issued pursuant to Sub-
section (1) of Section (9) in the following circumstances:
(a) in case of breach of terms and conditions set forth in the license,
(c) in case of failure to pay excise duty,
10A. To file excise duty returns: A person who has liability to assess and recover the excise
duty pursuant to Section 3A shall file the returns of excisable transaction for each month,
as prescribed, to the Excise Duty Officer or as provisioned in Sub-section (3) of Section
Added by the Financial Act 2075(2018).
15
(Unofficial Translation)
10C or by registered post within twenty-five days from the end of such month. Such
returns have to be filed irrespective of whether excisable transaction has been carried on
or not in that month.
10B. To maintain accounts: (1) A person who has obligation to file the excise duty returns
pursuant to Section 10A shall maintain updated accounts with the prescribed details of
the production and sale of excisable goods or services, purchase, consumption of raw
materials, auxiliary raw materials etc. required for production of such goods or services,
and final stock reflecting the price and quantity and shall provide such details as and
when the Excise Duty Officer so demands.
(2) The books of purchase, production, removal, sale and stock as per Sub-section (1)
shall be used for the purpose of maintaining accounts upon certifying by the concerned
Excise Duty Officer.
(3) The licensee has to retain the accounts of transaction safely for six years.
(4) For the implementation of this Act, the Excise Duty Officer may, by giving a
notice in writing, seek information as to the transaction of excisable goods or services.
10C. Records processed by computer to be used as evidence: (1) Notwithstanding anything
contained in the prevailing laws, the records relating to excise duty of any person
processed by the computer installed at the Department or offices thereunder or offices
designated to administer excise duty shall be eligible as evidence for purposes of excise
duty, except as otherwise proved.
(2) It may so provisioned that the data relating to the excisable goods or services may
be retrieved automatically by the Department or the office designated by the Department.
(3) The Department may make necessary arrangements concerning filing of excise
duty returns and payment of excise duty through electronic medium.
Added by the Financial Act 2075(2018).
16
(Unofficial Translation)
10D. Power of Excise Duty Officer to assess excise duty: (1) The Excise Duty Officer may
assess the excise duty in any of the following circumstances:
(a) If the excise duty returns is not filed within the time limit,
(b) If an incomplete or erroneous excise duty returns is filed,
(c) If a false excise duty returns is filed,
(d) If the Excise Duty Officer has a reasonable ground to believe that the
amount of excise duty is understated or otherwise incorrect,
(e) If the Excise Duty Officer has ground and reason to believe that the selling
price has been under-invoiced and it is necessary to re-determine the price
or to determine additional price pursuant to Sub-section (4) of Section 7,
(f) If the output recovery of production (pratilabdi) of goods or services
subject to excise duty pursuant to or under this Act is prescribed, and such
output recovery (pratilabdi) is not met,
(g) If the difference between the alcohol content in liquors removed from the
factory and in the materials sent for processing for production of liquor is
more than one percent,
(h) In the event of evasion of excise duty,
(i) If any person does transaction of excisable goods without obtaining the
license.
(2) In assessing the excise duty pursuant to Sub-section (1), the Excise Duty Officer
shall give a time-limit of fifteen days to the concerned person to submit his/her
clarification for defense.
(3) The Department may monitor excise duty assessed pursuant to Sub-section (1). If
any error is found upon monitoring, the Director General may order the for re-assessment
of excise duty.
(4) The Excise Duty Officer shall have the following powers for the purposes of
assessment of excise duty pursuant to Sub-section (1) or examination of the excise duty
returns filed pursuant to Section 10A.:
17
(Unofficial Translation)
(a) To examine the goods, places, documents, accounts and records related
with the liability of excise duty,
(b) To search or seal the place of transaction of any person or other places
where evidences related with the acts deemed offence under this Act can be
found,
(c) To seek information from the persons who prepare any records, books,
accounts and documents or fill up details therein in the course of discharge
of their duty,
(d) To take possession of or take elsewhere any documents, books and records
situated in the place of transaction of excisable goods and services or other
places related thereto,
(e) To audit excise duty in the place of transaction or office or other
appropriate places,
(f) The Excise Duty Officer may seek information of any matter from a bank
or financial institution or any person in relation to the transaction of
excisable goods or services.
(5) It shall be the duty of such a bank and financial institution or person to give
information as sought by the Excise Duty Officer pursuant to this Section.
10E. Power to have expert's service: The Department may obtain the service of liquor expert,
brewing expert, chemical expert and other experts, as required, for the effective
implementation of this Act.
10F Power to prescribe output recovery of production (pratilabdi) of excisable goods and
services: (1) The rate of output recovery of production (pratilabdi) of ethanol, spirit or
E.N.A. to be obtained from grains, molasses or Khudo used by an industry producing
anhydrous ethanol, rectified spirit or E.N.A. shall be as prescribed.
(2) If it appears that the production is less than the rate of output recovery prescribed
pursuant to Sub-section (1), it shall be deemed that the highest quality of liquors has been
produced by the industry from the ethanol, spirit or E.N.A. in such different quantity.
Added by the Financial Act 2075(2018).
18
(Unofficial Translation)
(3) The Department may prescribe the rate of output recovery of production
(pratilabdi) of other excisable goods and services.
10G. To examine the alcohol content: The Excise Duty Officer may at any time examine the
content or quality of alcohol in the liquors removed from the factory with approval and in
the substances sent for processing for production of liquor. The alcohol content shall not
differ more than one percent or the quality shall not be substantially different.
10H. Recovery of due excise duty: If any person does not pay the excise duty to be paid within
the time limit as referred to in this Act, the concerned Excise Duty Officer may recover
the same by adopting any or all of the following measures:
(d) By freezing the sale, export, import and other business by and of such a
person,
(e) By seizing the movable and immovable property of such a person,
(f) By auction selling any or all of the movable and immovable properties of
such person at one time or at different times as prescribed.
♦10I. Delay Fee: In the event of failure of a person to pay the excise duty within the time limit
as referred to in this Act due to the determination of the excise duty except in the
Added by the Financial Act 2075(2018).
19
(Unofficial Translation)
circumstance as referred in Clause (a) of Sub-section (1) of Section 4 or for any other
reason, except a circumstance as referred to in Clause (a) of Sub-section (1) of Section 4,
a delay fee at the rate of 0.05% per day shall be charged on the amount of excise duty
remaining due.
♦10J. Provision against excise duty evasion plan: Notwithstanding anything contained
elsewhere in this Act, it shall be deemed that an evasion of excise duty has been incited if
any taxpayer commits any of the following activities with intention of benefitting from
excise duty, and the Director General may order Excise Duty Officer to recover the tax
upon assessment of tax from such tax payer:
(a) Reducing excise duty liabilities by carrying out a plan or activity with an
intention of evading excise duty by misusing the provision under this Act,
(b) Doing any activity with intention of reducing excise duty liabilities or
concluding a contract with such an intention.
♦
10K. Examination of the excise duty sticker: Excise Duty Officer shall examine the
originality of excise duty sticker used in production or import of liquor, beer or cigarette
and other excisable goods.
12. Power to search, seize or arrest: (1) If any person, firm, company, or organization is
found to be engaged in the production, import, sale or storage of excisable goods or has
◉
Amended by the Financial Act 2075 (2018).
♦
Added by the Financial Act 2075(2018).
◉
Amended by the Financial Act 2075 (2018).
20
(Unofficial Translation)
been providing excisable services without taking a license or if information regarding the
evasion of excise duty as per Section 11 is obtained by the Excise Duty Officer or the
employee deployed by such Officer, then the Officer or such employee may search the
enterprise, building, land, vehicles, or places where such activities are being done.
(2) While carrying out a search as per Sub-section (1) if it is found that a business
is conducting acts of producing, selling, importing, storing or transferring excisable
goods or delivering excisable services in contrary of this Act, then the Officer or the
employee conducting the search shall issue an warrant and arrest such person engaged in
the act, and seize the goods recovered there by executing a memorandum (muchulka).
(3) If any offence under this Act is being committed in any enterprise, building,
land, vehicle or place and if it is foreseen that there is the possibility of the accused
absconding or the evidence of the offence being wiped out if immediate action is not
taken, then the Excise Duty Officer or the employee deployed by such an Officer may by
executing a memorandum (parcha) carry out or cause any of his/her subordinate
employee to carry out the following acts at any time:
(b) if there is any obstruction and objection in entering into such place, to give
a reasonable opportunity for any person staying in that place to leave the
place, and enter into by breaking any window or door,
◉
(c) to seize the excisable goods related to the offence and such other goods as
may be ancillary to prove the offence and to seal such place,
◉
Amended by the Financial Act 2075 (2018).
♦
Added by the Financial Act 2075(2018).
21
(Unofficial Translation)
(e) to arrest the person who is suspected to have committed the offence.
∆
(3a) Any person arrested under Clause (e) of Sub-section (3) shall be presented
to Excise Duty Officer for approval of the arrest.
◉
(4) In entering into any enterprise, building, land, motor vehicle or place or
carrying out a search pursuant to this Section, such entry or search shall be conducted in
witness of representative of concerned metropolitan city, sub-metropolitan city,
municipality or rural municipality.
(5) If someone has been arrested or any enterprise, building, land, motor vehicle
or place has been searched out or excisable goods or other goods have been seized under
this Act, the Excise Duty Officer who has so arrested, searched out or seized has to send,
through faster means, a report thereof to the Director General of the Department within
twenty-four hours of such arrest, search or seizure of goods. In cases where any other
employee subordinate to the Excise Duty Officer has carried out such act, such employee
shall send a report thereof to the Excise Duty Officer or the Department within twenty-
four hours of carrying out such act.
(6) In respect of the investigation of offence under this Act, the Excise Duty
Officer shall have the same rights as that of police under the prevailing law.
(7) If the Excise Duty Officer requests the local administration or the police for
assistance in search, arrest or seizure, the local administration or the police shall render
such assistance immediately.
13. Duty to give information of offence: ◉ (1) If any person comes to know that any act
contrary to this Act is about to be committed, is being committed or has already been
committed, such a person may give such information verbally or in writing to the Inland
Revenue Office, Taxpayers’ Service Office or nearby police station. Written information
∆
Added by Act to Amend, Unify, Settle and Repeal Some Nepal Laws 2074 (2017).
◉
Amended by the Financial Act 2075 (2018).
22
(Unofficial Translation)
(2) In cases where the informant intends to keep his/her name secret, he/she may
give his/her identity in code language.
(3) The person providing information shall not be compelled to disclose the
source of his/her information.
♦ (4) Any informant providing information of offence under this Act may be
awarded informant incentive (suraki kharcha) of up to ten thousand rupees immediately
on the basis of the truthfulness of the information in accordance with the procedure
prescribed by the Department, by the Director General or concerned Officer prescribed in
such procedure.
14. Rewards: ◉(1) Upon final settlement of the case filed based on the information or clue
that an act contrary to this Act is about to be committed, is being committed or has
already been committed, the government employee or any other person providing such
information or clue shall be awarded from the concerned Inland Revenue Office or
Taxpayers’ Service Office with a reward in a sum to be set as follows from the proceeds
recovered from the accused other than the excise duty on the excisable goods seized from
the accused:-
(b) Twenty per cent of the claimed amount to one who seizes and hands over
goods only;
(c) Thirty per cent of the claimed amount to one who arrests and hands over
the person, along with the goods.
♦
Added by the Financial Act 2075(2018).
◉
Amended by the Financial Act 2075 (2018).
23
(Unofficial Translation)
Provided that, in cases where the informant who gives information or clue are
more than one person, the reward shall be divided between them on pro rata basis.
(2) In cases where any employee or police arrests a person, along with the goods
seized, upon having a clue, twenty-five percent of the claimed amount shall be awarded
to such employee or police.
Provided that, in cases where only goods are seized, twenty-five percent of the
value of the goods seized shall be given as reward. In cases where the reward to be so
given exceeds fifteen thousand Rupees per person at a time, it shall be given not in excess
of that figure.
15. Penalty to the person who does not give information or render assistance: In cases
where any person who has the duty to give information that any act contrary to this Act is
about to be committed, is being committed or has already been committed, upon knowing
such matter, or to render assistance as and when sought by the ◉Inland Revenue Office or
Taxpayers’ Service Office, does not knowingly give such information or render such
assistance as the case may be, such a person shall be punished with imprisonment for a
term not exceeding Three months or with a fine of up to Ten Thousand Rupees or with
both punishments, based on the nature of the offence.
◉
16. Penalties: (1) In cases where any person commits the following offence, such a person
shall be punished with a fine in a sum equivalent to the claimed amount or imprisonment
for a term not exceeding one year or with both punishments for such offence, and the
claimed amount shall also be seized: -
(a) Conceal, hide or evade the excise duty required to be paid under this
Act,
(b) Produce or import excisable goods without obtaining the license,
(c) If any person commits any offence contrary to this Act by preparing
false account or forged document,
◉
Amended by the Financial Act 2075 (2018).
24
(Unofficial Translation)
5
(d) Production, bottling , sale and distribution of liquor contrary to the Acts
and Regulations or the terms and conditions set forth by the Department,
(e) Making fake excise duty sticker, used in production or import of liquor,
beer, cigarettes or tobacco products and other excisable goods, and using
such fake excise duty sticker to produce or import liquor, beer, cigarette
or tobacco products or other excisable goods, producing or transporting
or storing.
(b) Produce, remove, sell distribute, store or import liquor, cigarette and
tobacco products using fake excise duty sticker,
(c) Produce and remove goods in brands for which approval has not been
obtained,
(3) The claimed amount pursuant to Clause (e) of Sub-section (1) and Sub-section
(2) shall be fixed by adding the value of the excisable goods determined based on the
strength, quantity and shape of goods wherein the excise duty sticker has been used or
may be used, and the excise duty charged on such excisable goods. If the goods and
5
Amended by Financial Act 2077(2020)
25
(Unofficial Translation)
services whose claimed amount is to be fixed has already been sold, their claimed amount
shall be fixed based on the selling price of such goods and services.
(4) Where any person commits any of the following offences, the Excise Duty
Officer may punish such a person with a fine as follows:
(c) In the event of breach of the provision of Section 10A., the amount of 0.05
percent of the excise duty leviable per day or One Thousand Rupees for
each return, whichever is the higher,
(e) In the event of breach of Sub-section (2) of Section 10B., Five Thousand
Rupees,
(f) In the event of breach of Sub-section (3) of Section 10B., Ten Thousand
Rupees,
(h) If, upon examination pursuant to Section 10G., the difference of the
alcoholic content is more than one percent, cent percent of the amount of
revenue leaked,
26
(Unofficial Translation)
(j) In the event of breach of Sub-Section (1) of Section 4D., Ten Thousand
Rupees for each instance,
(k) If excise duty is not recovered or recovered less during sale of goods and
services under Self-Removal System, upon recovering the excise duty
leviable, fine of cent percent of the excise duty not recovered or less
recovered,
(l) If the excise duty credit is claimed in breach of Sub-section (3) of Section
3A, cent percent of the amount of excise duty claimed as credit,
(m) In the event of breach of the Sub-section (2) of Section 4D, Ten Thousand
Rupees for first instance and Twenty Thousand Rupees for every next
time,
(n) If the licensee does not disclose, maximum retail price, manufacture date
and batch number in alcohol, cigarette and tobacco products, such goods
shall be confiscated and fine of amount equivalent to claimed amount or
One Lakh Rupees, whichever is higher shall be imposed.
(o) If transparent plastic cover (shrink cap) required to protect the excise duty
sticker in bottles of liquor (except beer, wine, cider) is not used, then such
goods shall be confiscated and fine of amount equivalent to claimed
amount or One Lakh Rupees, whichever is higher shall be imposed.
(p) If alcohol, cigarette and tobacco products are produced, removed or sold
and distributed without approval or by copying others’ brand, then such
goods shall be confiscated and fine of amount equivalent to claimed
amount or One Lakh Rupees, whichever is higher shall be imposed.
(q) ………
27
(Unofficial Translation)
(r) If enterprise producing wine does not ferment the product in patent steal
tank or wooden container (Vyat), One Lakh Rupees for each instance.
6
(s1) If it is found that the spirit or ethanol has been used contrary to the
approval granted under this Act or Rules framed thereunder, fine
equivalent to the highest rate of excise duty that can be levied on the
liquor that can be prepared from such spirit or ethanol.
(t) Except those mentioned in this Section, in the event of breach of this Act
or the Rules framed under this Act, One Thousand Rupees for each
instance.
(5) The utensils used directly or indirectly with the offence, tools machines,
equipment and motor vehicle used to manufacture or make a product or service shall also
be seized.
Provided that, in cases where the person who commits such offence had used such
a motor vehicle in such act without permission of the owner of the vehicle, such vehicle
shall not be seized, but the owner of the vehicle shall be punished with a fine of Twenty-
Five Thousand Rupees and the driver shall be punished with a fine up to Fifteen
Thousand Rupees or imprisonment for a term not exceeding Three months or with both
punishments, based on the nature of the offence.
6
Inserted by Financial Act 2077(2020)
28
(Unofficial Translation)
(7) In addition to the penalties and fine stated in Sub-section (1), Excise Duty
Officer may suspend the license issued pursuant to Section 9 for a term not exceeding
ninety days.
(8) In cases where anyone attempts or abets to commit the offence referred to in
Sub-section (1) and (2), he/she shall be punished with half of the punishment than the
main offender.
(9) In addition to the penalties stated in 7Sub-section (2), Excise Duty Officer
may suspend the license issued pursuant to Section 9 for a term not exceeding Six months
or cancel the license pursuant to Section 10 and write to the concerned authority to cancel
the registration of such industry or enterprise.
17. To freeze and auction property: (1) In cases where the Excise Duty Officer has a
reasonable ground for seizing the property belonging to any person pursuant to this Act
or the Rules framed under this Act, the Excise Duty Officer may freeze the property so
that the transfer of right or ownership of such property to anyone else cannot be done.
(2) In cases where it appears that the property so frozen can be perished, decayed
or destroyed or its value can be diminished, the Excise Duty Officer shall immediately
auction such goods and credit the proceeds from the auction sale. In cases where the
concerned person is subsequently held entitled to have the frozen property returned to
him/her, only the proceeds from the auction sale shall be refunded to him/her. The
concerned person shall not be entitled to claim for the return of the goods itself.
♦ (3) If the goods seized are found useful upon examination, proceeds from the
auction shale shall be deposited as revenue.
7
Amended by Financial Act 2077(2020)
29
(Unofficial Translation)
However, if such goods are found not useful, it shall be destroyed as prescribed
by the Department.
♦17A. Provision on payment in installment: Where any taxpayer makes a request in writing
for payment of any due excise duty in installment, permission may be given to pay the
same in installments within One year.
18. Jurisdiction equivalent to that of the Court: (1) For the purpose of this Act, Excise
Duty Officer shall have the power to issue summons, record statements, receive evidence
and cause to submit documents from the concerned person, hold such person in detention
or release on bail in the same manner as vested in a court.
(2) In taking action under this Act, the Excise Duty Officer shall follow the
procedures referred to in the Summary Procedure Act, 2028 (1971).
◉
19. Provisions relating to administrative review and appeal: (1) A person who is not
satisfied with decision of the Excise Duty Officer regarding assessment of excise duty
and recovery thereof may make an application for administrative review to the Director
General against the decision, within thirty days of the date of receipt of a notice of that
decision.
Provided that a person may make an appeal, within thirty-five days, in the
Revenue Tribunal against the decision of punishment of imprisonment for any offences
as referred to in Sub- sections (1), (2), (3) and (4) of Section 16.
(2) In cases where the time limit for making application pursuant to Sub-section
(1) expires, an application explaining the reason for such expiration may be made to the
Director General for the extension of time limit within seven days from the date of
expiration of the time limit; and if the reason for the extension of time limit appears to be
reasonable, the Director General may extend the time limit for a period not exceeding
thirty days from the date of expiration of the time limit.
♦
Added by the Financial Act 2075(2018).
◉
Amended by the Financial Act 2075 (2018).
30
(Unofficial Translation)
(3) If the claim of the taxpayer appears to be true while examining the application
made by the applicant pursuant to Sub-section (1), the Director General may, by
executing a memorandum setting out the clear reasons, void that excise duty assessment
order and may order concerned Excise Duty Officer or any other Officers for re-
assessment of excise duty.
(4) The Director General shall make decision on the application for administrative
review within sixty days of receiving the application pursuant to Sub-section (1).
(5) The person submitting an application pursuant to Sub-section (1) shall pay
entire of the undisputed amount of excise duty and fine amount, out of the amount of
excise duty assessed, and deposit ◣one fourth of the amount of the disputed amount of
excise duty and fine.
(6) The concerned person may file an appeal to the Revenue Tribunal if the
Director General does not give decision within the time limit referred in Sub-section (4),
upon the expiry of such time limit or if is not satisfied with the decision, within thirty-
five days of the date of receipt of notice of such decision.
(8) The implementation of the decision under Sub-section (1) of Section 16 shall
not be deemed to have been affected by the reason of making an application for
administrative review or appeal pursuant to Sub- section (1).
20. Power that cannot be delegated: The power conferred on the Excise Duty Officer
pursuant to Sections 15 and 16 shall not be delegated.
21. Circumstances where proceedings for seizure are suspended: In cases where the
Excise Duty Officer has made a decision to seize the property of any person pursuant to
this Act or the Rules framed under this Act and an appeal has been made against the
◣
Amended by the Financial Act 2076 (2019).
31
(Unofficial Translation)
decision, the appeal hearing authority may issue an order to the Excise Duty Officer to
suspend the proceedings to seize the property pending the settlement of the appeal.
Provided that, the provision of this Section shall not apply in the cases referred to
in Sub-section (2) of Section 17.
22. Recovery of dues as governmental dues: If a person does not pay any amount due and
payable to Government of Nepal pursuant to this Act and the Rules framed under this
Act, the Excise Duty Officer shall recover such amount from such person as a
governmental due.
♦22A. To be deemed as excise duty: Fee, delay fee or fine applicable under this Act shall be
deemed as excise duty.
◉
23. Department to be responsible: The Department shall be responsible for the
implementation and administration of this Act.
♦23A. Advance ruling: (1) If any person makes an application in writing to the Department for
the removal of any confusion regarding the application of this Act, the Department may
issue its opinion to such person in writing by advance ruling.
(2) In the matters where the advance ruling has been issued, it shall be applicable
only with regard to the provisions and applications after the advance ruling is effective.
(3) Advance ruling issued upon application in matter sub judice in court or which
has already been interpreted and decided by the court shall be ipso-facto be ineffective.
◉
24. This Act to prevail on excise duty provision: Notwithstanding anything
contained in the prevailing laws, except in cases where the Finance Act to be enforced
every year amends this Act and provides for imposition, assessment, increase, decrease,
♦
Added by the Financial Act 2075(2018).
◉
Amended by the Financial Act 2075 (2018).
♦
Added by the Financial Act 2075(2018).
◉
Amended by the Financial Act 2075 (2018).
32
(Unofficial Translation)
exemption, or remission of excise duty, no other Act may make any amendment to, or
alter tax provisions referred to in this Act or make other excise duty related provisions.
25. Power to frame Rules: Government of Nepal may frame Rules necessary to implement
the objectives of this Act.
♦25A. Power to frame manual: The Department may frame necessary Manuals, subject to this
Act and the Rules framed under this Act.
26. Repeal and saving: (1) The Excise Duty Act, 2015 (1959) is, hereby, repealed.
(2) All the acts done, and actions taken under the Excise Duty Act, 2015 (1959)
shall be deemed to have been done or taken pursuant to this Act.
Note: - Words modified by Some Nepal Laws Amendment Act, 2063 (2006): -
“Government of Nepal” in case of “His Majesty Government”.
33
(Unofficial Translation)
◣Schedule
(Relating to Section 3)
Rate of Excise Duty
Heading Sub-Heading Details of Goods or Services Rate of Excise Duty
02.01 Meat of bovine animals, fresh or
chilled.
0201.10.00 -Carcasses and half-carcasses Value Percent 5
0201.20.00 -Other cuts with bone in Value Percent 5
0201.30.00 -Boneless Value Percent 5
02.02 Meat of bovine animals, frozen.
0202.10.00 -Carcasses and half-carcasses Value Percent 5
0202.20.00 -Other cuts with bone in Value Percent 5
0202.30.00 -Boneless Value Percent 5
02.03 Meat of swine, fresh, chilled or frozen
-Fresh or chilled:
0203.11.00 --Carcasses and half-carcasses Value Percent 5
0203.12.00 --Shoulders and cuts thereof, with Value Percent 5
bone in
0203.19.00 --Other Value Percent 5
- Frozen:
0203.21.00 --Carcasses and half-carcasses Value Percent 5
0203.22.00 --Shoulders and cuts thereof, with Value Percent 5
bone in
0203.29.00 --Other Value Percent 5
02.04 Meat of sheep or lamb, fresh, chilled
or frozen.
0204.10.00 -Carcasses and half-carcasses of lamb, Value Percent 5
fresh or chilled
◣
Updated up to the Financial Act 2077 (2020).
34
(Unofficial Translation)
35
(Unofficial Translation)
36
(Unofficial Translation)
37
(Unofficial Translation)
38
(Unofficial Translation)
39
(Unofficial Translation)
40
(Unofficial Translation)
41
(Unofficial Translation)
Oncorhynchus aguabonita,
Oncorhynchus gilae, Oncorhynchus
apache and Oncorhynchus
chrysogaster)
0304.83.00 --Flat fish (Pleuronectidae, Bothidae, Value Percent 5
Cynoglossidae, Soleidae,
Scophthalmidae andCith aridae)
0304.84.00 -- Swordfish (Xiphias gladius) Value Percent 5
0304.85.00 -- Toothfish (Dissostichus spp.) Value Percent 5
0304.86.00 -- Herrings (Clupea harengus, Clupea Value Percent 5
pallasii)
0304.87.00 -- Tunas (of the genus Thunnus), Value Percent 5
skipjack or stripe-bellied bonito
(Euthynnus (Katsuwonus) pelamis)
0304.88.00 -- Dogfish, other sharks, rays and Value Percent 5
skates (Rajidae)
0304.89.00 --Other Value Percent 5
-Other frozen:
0304.91.00 --Swordfish (Xiphias gladius) Value Percent 5
0304.92.00 --Toothfish (Dissostichus spp.) Value Percent 5
0304.93.00 -- Tilapias (Oreochromis spp.), catfish Value Percent 5
(Pangasius spp., Silurus spp., Clarias
spp., Ictalurus spp.), carp (Cyprinus
spp., Carassius spp.,
Ctenopharyngodon idellus,
Hypophthalmichthys spp., Cirrhinus
spp., Mylopharyngodon piceus, Catla
catla, Labeo spp., Osteochilus hasselti,
Leptobarbus hoeveni, Megalobrama
spp.), eels (Anguilla spp.), Nile perch
42
(Unofficial Translation)
43
(Unofficial Translation)
44
(Unofficial Translation)
45
(Unofficial Translation)
46
(Unofficial Translation)
47
(Unofficial Translation)
spp.)
0306.12.00 --Lobsters Value Percent 5
0306.14.00 --Crabs Value Percent 5
0306.15.00 -- Norway lobsters (Nephrops Value Percent 5
norvegicus)
0306.16.00 --Cold-water shrimps and prawns Value Percent 5
(Pandalus spp., Crangon crangon)
0306.17.00 --Other shrimps and prawns Value Percent 5
0306.19.00 --Other, including flours, meals and Value Percent 5
pellets of crustaceans, fit for human
consumption
- Live, fresh or chilled :
0306.31.00 -- Rock lobster and other sea crawfish Value Percent 5
(Palinurus spp., Panulirus spp., Jasus
spp.)
0306.32.00 -- Lobsters (Homarus spp.) Value Percent 5
0306.33.00 -- Crabs Value Percent 5
0306.34.00 -- Norway lobsters (Nephrops Value Percent 5
norvegicus)
0306.35.00 -- Cold-water shrimps and prawns Value Percent 5
(Pandalus spp., Crangon crangon)
0306.36.00 -- Other shrimps and prawns Value Percent 5
0306.39.00 -- Other, including flours, meals and Value Percent 5
pellets of crustaceans, fit for human
consumption
- Other :
0306.91.00 -- Rock lobster and other sea crawfish Value Percent 5
(Palinurus spp., Panulirus spp., Jasus
spp.)
0306.92.00 -- Lobsters (Homarus spp.) Value Percent 5
48
(Unofficial Translation)
49
(Unofficial Translation)
50
(Unofficial Translation)
51
(Unofficial Translation)
-Coconuts:
0801.11.00 -Desiccated Value Percent 5
08.02 Other nuts, fresh or dried, whether or
not shelled or peeled.
- -Almonds:
0802.11.00 --In shell Value Percent 5
08.02.12.00 --Shelled Value Percent 5
-Hazelnuts or filberts :
0802.21.00 --In shell Value Percent 5
0802.22.00 --Shelled Value Percent 5
-Walnuts:
0802.31.00 --In shell Value Percent 5
0802.32.00 --Shelled Value Percent 5
-Chestnuts (Castanea spp.):
0802.41.00 --In shell Value Percent 5
0802.42.00 --Shelled Value Percent 5
-Pistachios:
0802.51.00 --In shell Value Percent 5
0802.52.00 --Shelled Value Percent 5
-Macadamia nuts:
0802.61.00 --In shell Value Percent 5
0802.62.00 --Shelled Value Percent 5
0802.70.00 -Kola nuts (Cola spp.) Value Percent 5
0802.80.00 -Areca nuts Value Percent 5
0802.90.00 -Other Value Percent 5
08.04 Dates, figs, pineapples, avocados,
guavas, mangoes and mangosteens,
fresh or dried.
0804.10.00 -Dates Value Percent 5
-Figs:
52
(Unofficial Translation)
53
(Unofficial Translation)
54
(Unofficial Translation)
55
(Unofficial Translation)
56
(Unofficial Translation)
57
(Unofficial Translation)
or otherwise prepared
1902.30.00 -Other pasta Rs 17 per KG
1902.40.00 -Couscous Rs 17 per KG
19.05 Bread, pastry, cakes, biscuits and
other bakers' wares, whether or not
containing cocoa; communion wafers,
empty cachets of a kind suitable for
pharmaceutical use, sealing wafers,
rice paper and similar products.
-Other:
1905.90.20 --- Kurkure, Kurmure, Laze, cheejabal Rs 17 per KG
1905.90.30 ---Papad Value Percent 5
--- Kurmure, species types others
crisp savory food products
1905.90.81 --- Fried Rs 17 per KG
1905.90.89 --- other Rs 17 per KG
58
(Unofficial Translation)
59
(Unofficial Translation)
60
(Unofficial Translation)
61
(Unofficial Translation)
62
(Unofficial Translation)
63
(Unofficial Translation)
64
(Unofficial Translation)
2204.30.20 --- Alcohol above 12% and below Rs 370 per Liter
17%
2204.30.30 --- Alcohol above 17% Rs 430 per Liter
22.05 Vermouth and other wine of fresh
grapes flavored with plants or
aromatic substances.
-In containers holding 2 L or less
2205.10.10 -- Alcohol up to 12% (Only on Rs 370 per Liter
import)
2205.10.20 --- Alcohol above 12% and below Rs 370 per Liter
17%
2205.10.30 --- Alcohol above 17% Rs 430 per Liter
-Other
2205.90.10 -- Alcohol up to 12% (Only on Rs 370 per Liter
import)
2205.90.20 --- Alcohol above 12% and below Rs 370 per Liter
17%
2205.90.30 --- Alcohol above 17% Rs 430 per Liter
22.06 Other fermented beverages (for
example, cider, Perry, mead, sake);
mixtures of fermented beverages and
mixtures of fermented beverages and
non-alcoholic beverages, not
elsewhere specified or included.
2206.00.10 -Chhayang (Country Beer) Rs 35 per Liter
2206.00.20 --Champagne, sherry, mid, Perry, Rs 430 per Liter
cider
65
(Unofficial Translation)
66
(Unofficial Translation)
67
(Unofficial Translation)
68
(Unofficial Translation)
69
(Unofficial Translation)
70
(Unofficial Translation)
17.12%) Liter
2208.90.99 ----Other Rs 1325 per Liter
Rs 1560 per L.P.
Liter
Note However, with regard to imported
liquors, if the alcoholic content
differs from the alcoholic content in
the above mentioned duty rate by up
to 1%, the excise duty shall be levied
in that duty rate; and if the alcoholic
content differs by more than 1%, then
the excise duty shall be levied and
recovered at the highest rate of
closest rate.
24.01 Unmanufactured tobacco; tobacco
refuse.
2401.10.00 -Tobacco, not stemmed/stripped Rs 95 per KG
2401.20.00 -Tobacco, partly or wholly Rs 95 per KG
stemmed/stripped
2401.30.00 -Tobacco refuse Rs 95 per KG
24.02 Cigars, cheroots, cigarillos and
cigarettes, of tobacco or of tobacco
substitutes.
2402.10.00 -Cigars, cheroots and cigarillos, Rs17 per Loosie
containing tobacco
-Cigarettes containing tobacco:
2402.20.10 --- Without filter Rs 495 per M8
--- With Filter:
2402.20.21 --- Up to 70 mm length Rs 1135 per M
8
For cigarettes, as per standard unit of measurement, 1M is equals to 1000 loosie.
71
(Unofficial Translation)
72
(Unofficial Translation)
chewing tobacco
2403.99.20 --- Packed chewing tobacco, to be Rs 335 per KG
mixed in lime, put up for retail sale
2403.99.30 ---Cut tobacco, dust tobacco not for Rs 335 per KG
retail sale
--Other
---Other Rs 335 per KG
2403.99.91 ----Hukka Flavor Rs 1000 per KG
73
(Unofficial Translation)
-Granite:
2516.12.00 --Merely cut, by sawing or otherwise, Value Percent 15
into blocks or slabs of a rectangular
(including square) shape
-Sandstone
2516.20.10 Bolder broken or non broken pebbles Value Percent 15
up to 2.5 inches
2516.20.20 Stone broken or non broken more Value Percent 15
than 2.5 inches
2516.20.30 Stone broken or non broken sand Value Percent 15
mixed gravel
2516.90.00 -Other monumental or building stone Value Percent 15
-Portland cement:
Portland cement, aluminous cement,
25.23 slag cement, supersulphate cement
and similar hydraulic cements,
whether or not coloured or in the
form of clinkers.
2523.21.00 --White cement, whether or not Rs 220 per Metric
artificially colored Ton
2523.29.00 --Other (Portland cement Brown) Rs 220 per Metric
Ton
2523.30.00 -Aluminous cement Rs 220 per Metric
Ton
2523.90.00 -Other hydraulic cements Rs 220 per Metric
Ton
32.08 Paints and varnishes (including
enamels and lacquers) based on
synthetic polymers chemically
modified or synthetic polymers
74
(Unofficial Translation)
75
(Unofficial Translation)
76
(Unofficial Translation)
77
(Unofficial Translation)
preparations
3307.20.00 -Personal deodorants and Value Percent 10
antiperspirants
3307.30.00 -Perfumed bath salts and other bath Value Percent 5
preparations
3307.49.00 Other Value Percent 10
3307.90.00 -Other Value Percent 5
34.01 Soap; organic surface-active products
and preparations for use as soap, in
the form of bars, cakes, moulded
pieces or shapes, whether or not
containing soap; organic surface-
active products and preparations for
washing the skin, in the form of
liquid or cream and put up for retail
sale, whether or not containing soap;
paper, wadding, felt and non-wovens,
impregnated, coated or covered with
soap or detergent.
3401.11.00 --For toilet use (including medicated Value Percent 5
products)
3401.19.00 --Other Value Percent 5
- Soap in other forms
3401.20.10 --- Soap noodles Value Percent 5
3401.20.90 --- Other Value Percent 5
3401.30.00 -Organic surface-active products and Value Percent 5
preparations for washing the skin, in
the form of liquid or cream and put
up for retail sale, whether or not
containing soap
78
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79
(Unofficial Translation)
80
(Unofficial Translation)
81
(Unofficial Translation)
82
(Unofficial Translation)
83
(Unofficial Translation)
84
(Unofficial Translation)
--- Gown
3926.20.29 ---- Other Value Percent 5
--- Apron
3926.20.39 ---- Other Value Percent 5
85
(Unofficial Translation)
86
(Unofficial Translation)
87
(Unofficial Translation)
88
(Unofficial Translation)
spacecraft or vessels
7007.19.00 --Other Value Percent 5
-Laminated safety glass:
7007.21.00 --Of size and shape suitable for Value Percent 5
incorporation in vehicles, aircraft,
spacecraft or vessels
7007.29.00 --Other Value Percent 5
70.08 7008.00.00 Multiple-walled insulating units of Value Percent 5
glass.
70.09 Glass mirrors, whether or not framed,
including rear-view mirrors.
7009.10.00 -Rear-view mirrors for vehicles Value Percent 5
-Other:
7009.91.00 --Unframed Value Percent 5
7009.92.00 -- Framed Value Percent 5
72.13 Bars and rods, hot-rolled, in
irregularly wound coils, of iron or
non-alloy steel.
7213.10.00 -Containing indentations, ribs, Rs 1650 per
grooves or other deformations Metric Ton
produced during the rolling process
7213.20.00 -Other, of free-cutting steel Rs 1650 per
Metric Ton
--Of circular cross-Section measuring
less than 1 mm in diameter :
7213.91.10 ---Not more than 8 mm Rs 1650 per
Metric Ton
7213.91.90 ---Other Rs 1650 per
Metric Ton
7213.99.00 --Other Rs 1650 per
89
(Unofficial Translation)
Metric Ton
72.14 Other bars and rods of iron or non-
alloy steel, not further worked than
forged, hot-rolled, hot-drawn or hot-
extruded, but including those twisted
after rolling.
7214.10.00 -Forged Rs 1650 per
Metric Ton
7214.20.00 -Containing indentations, ribs, Rs 1650 per
grooves or other deformations Metric Ton
produced during the rolling process
or twisted after rolling
7214.30.00 -Other, of free-cutting steel Rs 1650 per
Metric Ton
-Other : Rs 1650 per
Metric Ton
7214.91.00 --Of rectangular (other than square) Rs 1650 per
cross Section Metric Ton
--Other:
7214.99.10 ---Re-rollable Bar & Rod( maximum Rs 1650 per
length 1800 mm width 600 mm & Metric Ton
thickness 5 mm or more)
7214.99.90 ---Other Rs 1650 per
Metric Ton
72.15 Other bars and rods of iron or non-
alloy steel.
7215.10.00 -Of free-cutting steel, not further Rs 1650 per
worked than cold-formed or cold- Metric Ton
finished
7215.50.00 -Other, not further worked than cold- Rs 1650 per
90
(Unofficial Translation)
91
(Unofficial Translation)
more
7216.50.00 -Other angles, shapes and Sections, Rs 1650 per
not further worked than hot-rolled, Metric Ton
hot-drawn or extruded
-Angles, shapes, and Sections, not
further worked than cold-formed or
cold- finished :
7216.61.00 --Obtained from flat-rolled products Rs 1650 per
Metric Ton
7216.69.00 --Other Rs 1650 per
Metric Ton
-Other :
7216.91.00 --Cold-formed or cold-finished from Rs 1650 per
flat-rolled products Metric Ton
7216.99.00 --Other Rs 1650 per
Metric Ton
72.17 Wire of iron or non-alloy steel
7217.10.00 -Not plated or coated, whether or not Rs 1650 per
polished Metric Ton
7217.20.00 -Plated or coated with zinc Rs 1650 per
Metric Ton
7217.30.00 -Plated or coated with other base Rs 1650 per
metals Metric Ton
7217.90.00 Other Rs 1650 per
Metric Ton
73.07 -Cast fittings:
7307.11.00 --Of non-malleable cast iron Rs 1650 per
Metric Ton
7307.19.00 --Other Rs 1650 per
Metric Ton
92
(Unofficial Translation)
93
(Unofficial Translation)
94
(Unofficial Translation)
95
(Unofficial Translation)
96
(Unofficial Translation)
97
(Unofficial Translation)
98
(Unofficial Translation)
99
(Unofficial Translation)
100
(Unofficial Translation)
starter generators
8511.50.00 -Other generators Value Percent 5
8511.80.00 -Other equipment Value Percent 5
85.12 Electrical lighting or signaling
equipment (excluding articles of
Heading 85.39), windscreen wipers,
defrosters and demisters, of a kind
used for cycles or motor vehicles.
8512.10.00 -Lighting or visual signaling Value Percent 5
equipment of a kind used on bicycles
8512.20.00 -Other lighting or visual signaling Value Percent 5
equipment
8512.30.00 -Sound signaling equipment Value Percent 5
8512.40.00 -Windscreen wipers, defrosters and Value Percent 5
demisters
8512.90.00 -Parts Value Percent 5
85.13 Portable electric lamps designed to
function by their own source of
energy (for example, dry batteries,
accumulators, magnetos), other than
lighting equipment of Heading 85.12.
8513.10.00 -Lamps Value Percent 5
85.17 Telephone sets, including telephones
for cellular networks or for other
wireless networks; other apparatus for
the transmission or reception of
voice, images or other data, including
apparatus for communication in a
wired or wireless network (such as a
local or wide area network), other
101
(Unofficial Translation)
102
(Unofficial Translation)
103
(Unofficial Translation)
-Optical media:
8523.41.00 --Unrecorded Value Percent 5
8523.49.00 --Other Value Percent 5
-Semiconductor media:
8523.51.00 --Solid-state non-volatile storage Value Percent 5
devices
--Smart cards
8523.52.10 --- Sim cards Value Percent 5
8523.52.20 --- Memory Cards Value Percent 5
8523.52.90 --- Other Value Percent 5
8523.59.00 --Other Value Percent 5
- Other:
8523.80.90 --Other Value Percent 5
85.25 Transmission apparatus for
radiobroadcasting or television,
whether or not incorporating
reception apparatus or sound
recording or reproducing apparatus;
television cameras, digital cameras
and video camera recorders.
8525.60.00 -Transmission apparatus Value Percent 5
incorporating reception apparatus
8525.80.00 -Television cameras, digital cameras Value Percent 5
and video camera recorders
85.28 Monitors and projectors, not
incorporating television reception
apparatus; reception apparatus for
television, whether or not
incorporating radio-broadcast
receivers or sound or video recording
104
(Unofficial Translation)
or reproducing apparatus.
-Projectors :
8528.62.00 --Capable of directly connecting to Value Percent 10
and designed for use with an
automatic data processing machine of
heading 84.71
-Reception apparatus for television,
whether or not incorporating radio-
broadcast receivers or sound or video
recording or reproducing apparatus:
--Other, colour
8528.72.10 --- Unassembled Value Percent 10
8528.72.90 --- Other Value Percent 10
85.29 Parts suitable for use solely or
principally with the apparatus of
headings 85.25 to 85.28.
-Other:
8529.90.10 --Of television receiver Value Percent 10
85.31 Electric sound or visual signaling
apparatus (for example, bells, sirens,
indicator panels, burglar or fire
alarms), other than those of Heading
85.12 or 85.30.
8531.20.00 -Indicator panels incorporating liquid Value Percent 10
crystal devices (LCD) or light-
emitting diodes (LED)
8531.90.00 -Parts Value Percent 10
85.32 Electrical capacitors, fixed variable or
adjustable (pre-set).
8532.10.00 -Fixed capacitors designed for use in Value Percent 10
105
(Unofficial Translation)
106
(Unofficial Translation)
107
(Unofficial Translation)
108
(Unofficial Translation)
109
(Unofficial Translation)
110
(Unofficial Translation)
---Other
8703.21.91 ----Unassembled Value Percent 60
8703.21.99 ----Other Value Percent 60
111
(Unofficial Translation)
112
(Unofficial Translation)
113
(Unofficial Translation)
114
(Unofficial Translation)
115
(Unofficial Translation)
milk
8704.22.92 ----closed truck fitted with chassis Value Percent 5
8704.22.93 ---- Bullet tank fitted with chassis, Value Percent 5
specially designed for transporting
liquid petroleum gas
8704.22.94 ----Garbage Compactor attached in Value Percent 5
truck Chassis for Garbage collection
and transportation
8704.22.95 ----Cement Bulker Value Percent 5
8704.22.99 ---- Other Value Percent 5
8704.23.00 --g.v.w. Exceeding 20 tons Value Percent 5
-Other, with spark-ignition internal
combustion piston engine:
--g.v.w. not exceeding 5 ton
8704.31.10 --- Three wheeler Vehicle Value Percent 30
116
(Unofficial Translation)
seats)
8706.00.30 -Of Microbuses (with a capacity 11- Value Percent 55
14 seats)
8706.00.40 -Of Jeep, Car and Vans Value Percent 60
8706.00.50 -Of three wheeler vehicles (auto- Value Percent 55
Rickshaws)
-Of Pick-up Vehicles
8706.00.60.10 -- Double-cab pick-up Vehicles Value Percent 60
8706.00.60.20 -- Single-cab pick-up Vehicles Value Percent 50
8706.00.60.30 -- Delivery Van Value Percent 30
8706.00.70 -Of Dumpers designed for off- Value Percent 5
highway use
8706.00.80 -Of Bus, Trucks Value Percent 5
8706.00.90 -Other Value Percent 5
87.07 Bodies (including cabs), for the motor
vehicles of Headings 87.01 to 87.05.
8707.10.00 -For the vehicles of Heading 87.03 Value Percent 5
8707.90.00 -Other Value Percent 5
87.11 Motorcycles (including mopeds) and
cycles fitted with an auxiliary motor
with or without side-cars; side-cars.
8711.10.00 -With reciprocating internal Value Percent 40
combustion piston engine of a
cylinder capacity not exceeding 50 cc
-With reciprocating internal
combustion piston engine of a
cylinder capacity exceeding 50 cc but
not exceeding 250 cc:
--Of unassembled condition
8711.20.11 ---Exceeding 50 cc but not exceeding Value Percent 40
117
(Unofficial Translation)
150 cc
8711.20.19 ---Exceeding 150 cc but not Value Percent 40
exceeding 250 cc
-- Other
8711.20.91 ---Exceeding 50 cc but not exceeding Value Percent 40
150 cc
8711.20.99 ---Exceeding 150 cc but not Value Percent 50
exceeding 250 cc
-With reciprocating internal
combustion piston engine of a
cylinder capacity exceeding 250 cc
but not exceeding 500 cc:
8711.30.10 -- Of unassembled condition Value Percent 40
8711.30.90 --Other Value Percent 60
8711.40.00 -With reciprocating internal Value Percent 80
combustion piston engine of a
cylinder capacity exceeding 500 cc
but not exceeding 800 cc
8711.50.00 -With reciprocating internal Value Percent 100
combustion piston engine of a
cylinder capacity exceeding 800 cc
8711.90.00 -Other: Value Percent 40
90.10 Apparatus and equipment for
photographic (including
cinematographic) laboratories not
specified or included elsewhere in
this Chapter; negatoscopes;
projection screens.
9010.90.00 -Parts and accessories Value Percent 10
90.11 Compound optical microscopes,
118
(Unofficial Translation)
119
(Unofficial Translation)
120
(Unofficial Translation)
vehicles
9401.30.00 Swivel seats with variable height Value Percent 10
adjustment
9401.40.00 Seats other than garden seats or Value Percent 10
camping equipment, convertible into
beds
Seats of cane, osier, bamboo or
similar materials:
9401.52.00 --Of bamboo Value Percent 10
9401.53.00 -- Of rattan Value Percent 10
9401.59.00 --Other Value Percent 10
-Other seats, with wooden frames:
9401.61.00 --Upholstered Value Percent 10
9401.69.00 --Other Value Percent 10
-Other seats, with metal frames:
Value Percent 10
9401.71.00 --Upholstered 9 Value Percent 10
9401.79.00 --Other Value Percent 10
121
(Unofficial Translation)
Furniture of plastics
122
(Unofficial Translation)
Note:
(1) Excise duty on liquor shall be calculated and recovered on the basis of per L.P liter
or per liter, whichever is higher.
(2) For cocktail of any liquors, the rate pursuant to sub-heading 2206.00.40 shall be
applicable
(3) Excise duty shall not be levied on ambulances, corpse carrying vehicles, scooter
made for the use of disabled person and chassis of tempos operating on battery.The
excise duty paid on the import or local purchase of scooters used by persons with
disabilities shall, if such scooters are registered in their name in the Office of
Transport Management, be refunded on the recommendation of the Women,
Children and Social Welfare or the Chief District Officer of the concerned district,
123
(Unofficial Translation)
from the concerned Customs Office in case of the excise duty paid on import and
from the Inland Revenue Department in case of excise duty paid on local purchase.
(4) Excise duty shall not be levied on domestic technology based noodles (not ready to
eat- sinkea chauchau ) produced by noodles industry using hand machine.
(5) Excise duty shall not be levied on goods of personal use imported enjoying the
custom duty exemption facility under the notice regarding allowing passenger to
carry and bring goods and product for personal use
(6) Excise duty shall be exempted on import of prepared bus and its chassis, if imported
by cooperative or organization and company registered for the purpose of operating
public vehicle with at least five buses having a capacity of 40 seat and more. The
motor vehicle imported through such means shall not be sold, distributed,
transferred or transfer rights to it in any manner for the period of ten years from the
date of import. The entire of excise duty pursuant to the applicable laws shall be
levied in case of transfer, sell or transfer through any manner before ten years.
(7) Excise duty shall be exempted on import of one bus having capacity of 30 seat or
more for the purpose of transportation of students by community school on the
recommendation of Ministry of Science, Education and Technology, Government
of Nepal. The motor vehicle imported through such facilities shall not be sold,
distributed, transferred for the period of ten years. The entire of excise duty
pursuant to the applicable laws shall be levied in case of transfer, sell or transfer
through any manner before ten years.
(8) Eighty percent exemption on excise duty shall be granted to production of brandy
and wine produced by industry based on local fruits, established in least developed
area mentioned in Schedule-10 of Industrial Enterprises Act, 2076(2019)..
(9) Thirty Five percent excise duty exemption shall be provided to domestically
produce wine falling under heading 22.02 and 22.05 and Forty percent excise duty
exemption shall be provided to Cider falling under heading 22.06.
(10) For industries producing vehicles by assembling while importing vehicle in
unassembled stage under heading 87.02, 87.03 and 87.11 and during sale of
prepared vehicle produced by such industry shall be granted twenty-five percent
124
(Unofficial Translation)
exemption on excise duty payable in case of falling heading 87.11, and 50 percent
exemption on excise duty payable in case of falling heading 87.02 and 87.03.
(11) Excise duty shall not be levied on domestic products falling under following
heading and subheading:
Heading: 02.01, 02.02, 02.03, 02.04, 02.05, 02.06, 02.07, 02.08, 02.09, 02.10,
03.04, 03.05, 03.06, 03.07, 03.08, 08.01, 08.02, 08.04, 08.06, 08.09, 08.12, 08.13,
09.06, 16.02, 16.03, 16.04, 16.05, 20.01, 20.02, 20.03, 20.04, 20.05, 20.06, 20.07,
20.08,21.05, 24.01, 25.15, 25.16, 68.02, 94.01, 94.03, and 94.06
Sub- Heading: 1701.13.10, 1701.14.10, 1704.10.00, 1704.90.00, 2005.10.00,
2005.20.90, 2005.40.00, 2005.51.00, 2005.59.00, 2005.60.00, 2005.70.00,
2005.80.00, 2005.91.00, 2005.99.00, 2101.11.00, 2101.12.00, 2101.20.00,
2101.30.00, 8507.10.00 and 8507.20.00
(12) Excise duty shall be levied on total weight per KG products sub heading
2106.90.60 of heading21.06 and sub heading 2403.99.10, 2403.99.20 and
2403.99.30 of heading 24.03.
(13) Licensee importing liquor, beer and cigarette or its licensed seller shall publicly
publish a notice to inform the retail price at the beginning of the fiscal year and if
the price is changed, immediately upon such changes.
(14) The Director General may, for statistical purposes, add digits to the eight-digit sub-
heading determined for the purposes of the rate of excise duty.
(15) The Department may, as required and in consultation with the Customs Department,
interpret and specify the harmonized codes of the excisable goods.
125