Section 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.
(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.
(b) “Goods” means both moveable and immoveable property.
(c) “Services” means anything other than goods.
(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.
(e) “License” means the license granted pursuant to Section 9.
(f) “Excise Duty Officer” means the officer designated by the Government of Nepal for the purpose of this Act. (g) “Production” means the act of constructing, processing, manufacturing or preparing goods subject to excise duty.
(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: (1) The factory price in the context of goods produced,
(2) The price as per the invoice in the context of services provided, (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.
(o3) “L.P.” means the strength of pure ethanol in London Proof.
(o4) “L.P. liter” means the content of pure ethanol in a liter is 57.06 percent.
(o5) “U.P.” means the strength less than London Proof.
(o6) “O.P.” means the strength more than London Proof. (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.
(p) “Prescribed” or “as prescribed” means prescribed or as prescribed in the Rules framed under this Act.