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Central Government has amended Notification No. 36/2001- Central Excise (N.T.), dated the 26th June, 2001 to make the following provisions:
1. For an SSI Unit availing Full Exemption from duty of excise and not registered
All such units are required to file revised declaration by 31-10-2008
The declaration shall be filed in the prescribed format under notification No. 36/2001- Central Excise (N.T.), dated the 26th June, 2001
2. an independent weaver who intends to opt for the procedure specified in rule 8A of the CENVAT Credit Rules,2002, shall file an application in the form specified in Annexure-IA to the notification No.35/2001-Central Excise(N.T.) , dated 26th June, 2001 (G.S.R. 464 (E), dated the 26th June, 2001) and shall obtain a twelve digit declarant code from the Superintendent of Central Excise having jurisdiction in this behalf, before issuance of any challan referred to in the said rule 8A; such option once exercised during a financial year cannot be withdrawn during the same financial year.
See: Central Excise - Notification No. 40/2008-CE(NT)dated -29-09-2008
Important to Note:
Cenvat Credit Rules, 2002 were issued vide Central Excise - Notification No. 005/2002-CE(NT) dated -01-03-2002
Rule 8A to the Cenvat Credit Rules, 2002 was added vide Central Excise - Notification No. 054/2003-CE(NT) dated -09-06-2003
Rule 8A was subsequently deleted vide Central Excise - Notification No. 012/2004-CE(NT) dated -09-07-2004
SSI exemption compliance requires revised declarations; independent weaver option requires declarant code before challan issuance. SSI units availing full excise exemption and not registered must file a revised declaration in the prescribed format under the controlling notification by the stated deadline. An independent weaver opting into the rule 8A procedure must apply in the prescribed form and obtain a twelve digit declarant code from the Superintendent of Central Excise before issuance of any challan; that yearly option cannot be withdrawn during the same financial year.
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