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Alcohol, Tobacco, Fuel and Electricity Excise D...docx
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§ 43. Revocation of excise warehouse activity licence and activity licence of registered consignee

(1) The tax authority shall revoke an excise warehouse activity licence or an activity licence of a registered consignee if: [RT I 2010, 8, 36 - entry into force 01.04.2010]  1) the circumstances specified in section 42 (1) or clauses (2) 3), 4) or 5) of this Act which caused the suspension of the excise warehouse activity licence or the activity licence of a registered consignee continue to exist for sixty days after the date of suspension of the licence; [RT I 2008, 49, 272 - entry into force 01.01.2009]  11) the holder of the licence at whose request the excise warehouse activity licence or the activity licence of a registered consignee was suspended does not submit an application for continuation of the activities within sixty days after the date of the suspension of the activity licence; [RT I 2008, 49, 272 - entry into force 01.01.2009]  2) the excise warehousekeeper or the registered consignee submits an application for revocation of the excise warehouse activity licence or the activity licence of a registered consignee issued thereto; 3) the excise warehousekeeper or registered consignee is declared bankrupt or bankruptcy proceedings are terminated by abatement; [RT I 2010, 8, 36 - entry into force 01.03.2010]  4) a termination or distribution resolution is adopted with regard to the excise warehousekeeper or the registered consignee; [RT I 2008, 49, 272 - entry into force 01.01.2009]  5) a new excise warehouse activity licence or an activity licence of a registered consignee is issued. [RT I 2010, 8, 36 - entry into force 01.03.2010]

(11) The tax authority may refuse from revoking an excise warehouse activity licence or an activity licence of a registered consignee based on the holder's application at the time when the validity of the activity licence of the holder of the activity licence is suspended due to the reasons specified in clauses 42 (2) 1)–5) of this Act. [RT I, 30.12.2010, 3 - entry into force 01.01.2011]

(2) The tax authority may revoke an excise warehouse activity licence or an activity licence of a registered consignee if security has not been provided or a violation specified in clauses 42 (2) 1)-3) of this Act has been committed. [RT I 2010, 8, 36 - entry into force 01.04.2010]

(3) If an undertaking has several excise warehouses or places of business of a registered consignee, the revocation of the excise warehouse activity licence or the activity licence of a registered consignee of the undertaking applies to all the excise warehouses and places of business of the registered consignee.

(4) It is prohibited to produce, receive and dispatch excise goods under an excise suspension arrangement in an excise warehouse the excise warehouse activity licence of which has been revoked, except in the case specified in clause 26 (1) 4) of this Act. [RT I 2003, 90, 602 - entry into force 01.05.2004]

§ 44. Inventory

(1) On the date when a decision to revoke an excise warehouse activity licence is made, the head of the regional structural unit of the Tax and Customs Board exercising supervision over the excise warehouse shall form a committee which also includes a representative of the excise warehousekeeper.

(2) The committee shall immediately carry out an inventory of goods in the excise warehouse and prepare an inventory report setting out the quantity of excise goods subject to excise duty, broken down by unit used to calculate the excise duty rate.

(3) Within thirty days after the date of preparation of an inventory report, except in the case specified in clause 43 (1) 5) of this Act, the excise warehousekeeper is required to pay excise duty on excise goods subject to excise duty or to transport the excise goods to another excise warehouse on the condition that the other excise warehousekeeper receives the excise goods in the excise warehouse of the consignor. [RT I 2003, 90, 602 - entry into force 01.05.2004]

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