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Amendments in the Notification No. 56/2003-CE, DT. 25/06/2003
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CENVAT credit utilisation requirement restricts exemption refunds and permits account current credit option under specified procedural conditions.
Amendments require prior utilisation of the entire CENVAT credit balance when all goods of a manufacturer are exempt, limit refunds where some goods are non exempt to duty paid less attributable CENVAT credit, and allow an optional account current credit mechanism treating such credited duty as cash payment. The option must be exercised in writing at the start of a financial year, monthly statements and filing deadlines apply, the Commissioner will verify and determine refundable amounts, excess credits must be reversed promptly, and irregular credits are recoverable as erroneously refunded duty.
Exempts the goods in the State of Sikkim
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Excise exemption for Sikkim production: duty relief tied to value addition with refund and special rate option.
Notification No.71/2003-CE exempts goods cleared from designated industrial areas in Sikkim from excise duty to the extent of duty attributable to value addition, with a table specifying chapters and percentage rates for value addition calculation. Claims require monthly statements of duty paid and CENVAT utilisation, verification by the Assistant/Deputy Commissioner, and refunds or account crediting under prescribed deadlines. Manufacturers may seek a Commissioner fixed special rate based on audited actual value addition, subject to election rules, timelines, verification and adjustment; eligibility, exclusions and a ten year ceiling apply.
Amendments in the Notification No. 07/2003-CE, Dt. 01/03/2003 (52, 54, 55, 58 or 60 - Mosquito net fabrics)
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Excise exemption for mosquito net fabrics added to tariff, granting nil duty treatment under specified headings.
A new entry was inserted into Notification No. 7/2003-Central Excise by Notification No. 70/2003-CE (04/09/2003) adding mosquito net fabrics classifiable under tariff headings 52, 54, 55, 58 or 60 as exempt with nil excise duty and nil additional duty, thereby modifying the table of miscellaneous exemptions under the principal notification.
NE Region – Exemption from Excise Duty (Chapter 24)
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Excise duty exemption for NE region units: capped duties with mandatory reinvestment, certification and a ten-year lock-in requirement.
Exemption caps basic, special and additional excise duties for specified Chapter 24 goods produced in eligible units in the seven North Eastern States, exempting duty in excess of the tabulated rates provided units meet commencement, prior-notification benefit and continuity conditions. The differential duty must be reinvested in plant and machinery in an eligible State within prescribed quarterly timelines, evidenced to a three-member Committee which issues certification for submission to the jurisdictional Central Excise Officer. Investments carry a ten-year lock-in or trigger immediate duty liability if withdrawn and not reinvested as required.
Amendments in Notification No. 58/2003 & 59/2003, DT. 22/07/2003
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Notification Date Amendment: central excise notifications' commencement date deferred to 15th October 2003 under statutory authority.
Government notification amends two Central Excise notifications of 22 July 2003 by substituting "15th day of August, 2003" with "15th day of October, 2003" in paragraph 2 of each notification, under powers conferred by the Central Excise Act and the Additional Duties of Excise (Goods of Special Importance) Act, promulgated as Notification No. 68/2003-CE dated 14/08/2003.
SSI Exemption – Clearances under Job Notification etc. are not to be counted towards Total Clearance under Exemption
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SSI exemption scope: clearances exempt under specified notifications, including job-work, are excluded from total-clearance calculation.
Amend paragraph 3A of the cited notifications to insert a clause excluding clearances that are fully exempt from excise duty under the specified notifications from the aggregation used to determine entitlement to the SSI exemption, so that clearances exempt under those notifications (including job-work related exemptions) are not counted toward total clearances for assessing SSI eligibility.
Exempts twisted filament yarns (including crepe yarn), falling under Chapter 54
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Excise exemption for twisted filament yarns prevents double taxation where prior duties on feed yarns were paid.
Exempts twisted filament yarns (including crepe yarn) manufactured by independent twisters from excise and related duties to the extent such duties would duplicate taxes already paid on the filament yarn inputs, subject to conditions that the input yarn had duties paid, was procured from outside the twister's factory, and that the twister maintains accounts evidencing receipt, use, manufacture and clearance to ascertain duties paid. An independent twister is limited to persons engaged only in twisting filament yarns.
Excise Duty Exemption/Concession Notifs Amendments for – Compounded Levy Schemes/Rates, Excise Relief to Gujarat & JK Units & Industrial Growth Centres/EP Indl. Parks
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CENVAT credit utilisation requirement: manufacturers must exhaust CENVAT first; optional account current credit subject to verification and reversal.
Amendments condition full-exemption availability on first utilising all CENVAT credit at month-end toward duty and paying the cash balance. Where some goods are non-exempt, refunds are limited to duty paid less attributable CENVAT credit. Manufacturers may opt to credit duty paid (other than by CENVAT) into an account current for later deemed-cash payment, subject to written annual election, monthly crediting and statement submission, officer verification and determination of refundable amounts, reversal of excess credits, forfeiture on non-compliance, and recovery treatment for irregular or excess credits.
Motor Vehicles – Condition of CE Exemption Changed
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Excise exemption conditions revised: manufacturers must pay full duty at clearance and follow prescribed refund procedure for ambulances and taxis.
Amendment requires manufacturers to pay full excise duty on specified motor vehicles at clearance and to claim refund of any excess by taking credit in the Account Current and filing a refund claim within six months with supporting documents including State Transport Authority registration for sole use as ambulance or taxi. The Deputy/Assistant Commissioner must determine refundable amounts within seven days and notify the manufacturer; excess credits must be reversed within five days, and unreversed irregular or excess credits are recoverable as duties erroneously refunded.
Papad & Jaljeera & Naptha & Natural Gas for Use in Heavy Water at Hazira or Thal Use by KRIBHCo. – No Excise Duty
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Excise exemption expanded: food items and industrial fuel supply locations added, broadening tariff notification coverage.
The notification amends the principal central excise exemption by substituting the description to include papad and jaljeera and by adding Hazira and Thal as eligible delivery locations and additional specified recipients for naptha and natural gas used in heavy water production; the amendments replace and insert words in the tariff table to expand and clarify the scope of the existing exemption under section 5A(1) of the Central Excise Act, 1944.
Goods Mfd. in BHEL for Defence – Exemption from Central Excise Duty
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Exemption from central excise duty: Inclusion of Bharat Heavy Electricals Limited for defence supplies under notification amendment.
The Central Government has amended Notification No. 63/95-Central Excise to insert Bharat Heavy Electricals Limited into the Table of exempt manufacturers, thereby extending exemption from central excise duty to goods manufactured in BHEL for defence purposes, pursuant to powers under the Central Excise Act and the Additional Duties of Excise Act as an exercise of public interest.
Steel & Cement for Use in Houses under India Awas Yojna, etc. – Excise Duty Exemption Extended upto 31/10/2003
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Excise duty exemption for steel and cement in national housing scheme extended, amending prior notification.
The Central Government amended Notification No. 43/2000 Central Excise by substituting its previous expiry date with a later date, thereby extending the excise duty exemption for steel and cement used in houses under the India Awas Yojna and related housing schemes; the change is effected by Notification No. 61/2003 CE under powers conferred by the Central Excise Act.
Amendments in the Notification No. 06/2002-CE, Dt. 01/03/2002 (Ceramic tiles, manufactured in a factory not using electricity for firing the kiln)
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Central Excise amendment updates exemption entry for ceramic tiles manufactured without electric kiln firing in notification.
Substitutes the entry against S.No. 275 in the Table to Notification No. 6/2002-Central Excise so that the description reads "Ceramic tiles, manufactured in a factory not using electricity for firing the kiln", under the authority of sub-section (1) of section 5A of the Central Excise Act, 1944, recorded as Notification No. 60/2003-CE dated 29 July 2003.
Rescinds the Notification No. 52/2000, 39/2002, 26/2003, 27/2003 & 33/2003
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Rescission of Central Excise exemptions removes prior exemption notifications, altering eligibility and effective date for those exemptions.
Rescinds five prior Central Excise notifications withdrawing the legal effect of specified miscellaneous exemptions under the power of section 5A(1) of the Central Excise Act, 1944 read with section 3(3) of the Additional Duties of Excise (Goods of Special Importance) Act, 1957, and stipulates a government specified commencement date, with subsequent substitution notes amending that commencement date.
Exemption to Goods supplied to Special Economic Zone(Notification No 58/2003-CENTRAL EXCISE dated the 22nd July, 2003 rescinded by Notification No. 002/2007-CE)
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Excise exemption for supplies to special economic zone: duty relief subject to export documentation and customs certification.
Exemption applies to excisable goods supplied to units in a special economic zone, exempting whole of central excise duty and additional duty, provided removals follow rule 11 procedure, supplies are against an assessed bill of export or a domestic procurement certificate issued by SEZ customs authorities, and proof of export certified by the Deputy or Assistant Commissioner of Customs in the SEZ is submitted to the Central Excise range officer within one month of removal.
Amendment to Notification No. 6/2002 Dated 01/03/2002 - (Compressed Natural Gas - No Excise Duty Exemption)
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Excise exemption scope narrowed: compressed natural gas expressly excluded from the "natural gas" exemption, altering tariff coverage.
The Central Government, under section 5A(1) of the Central Excise Act, 1944, amends Notification No. 6/2002 by substituting in the Table against S. No. 35, column (3) the words "Natural Gas (other than Compressed Natural Gas)", thereby excluding compressed natural gas from the term "Natural Gas" for the purposes of that exemption.
Exempts unit located in the state of Skkim
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Excise duty exemption for Sikkim manufacturers tied to value addition, with procedural refund and CENVAT credit conditions.
Exemption from central excise duty for goods cleared from units in Sikkim is limited to the portion of duty equivalent to value addition, calculated either by prescribed percentage rates in a tariff-linked Table or, on application and verification, by a Commissioner-fixed special rate reflecting actual value addition. Claimants must utilize CENVAT credit first (where applicable), submit monthly statements of duty and CENVAT utilisation, and obtain refunds or account-current credits under specified timelines and verification, with provisions for provisional refunds, reversals of excess credit and recovery of irregularly availed amounts.
Inserted Chap. 85 - Integrated Receiver Decoder, also known as Set-top Box in Exemption Table
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Excise exemption for integrated receiver decoders: set top boxes added to exemption table, attracting nil central excise duty.
Notification No. 55/2003-CE (24/06/2003) amends Notification No. 6/2002 by inserting tariff entry 205A in Chapter 85 for Integrated Receiver Decoder (Set top Box), placing it in the miscellaneous exemptions table with nil central excise duty.
Uttaranchal (Doon Valley) Notifications Amended
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Doon Valley exemption scope amended to reference notified industries for Uttaranchal central excise relief.
The Central Government directs substitution, in the Annexures of notifications 49/2003 and 50/2003, of the entry against S. No. 21 so that the activity reads: "Industries, notified under the Doon Valley notification (S.O. 102(E), dated the 1st February, 1989) as amended from time to time, issued by the Ministry of Environment and Forests, in the Doon Valley area of the State of Uttaranchal."
Cars Import for Handicapped – Exemption NCCD
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Exemption from NCCD for cars for physically handicapped persons subject to certification and a five-year non-disposal affidavit.
Exemption from National Calamity Contingent Duty is provided for cars for physically handicapped persons for transport of up to seven persons including the driver under tariff heading 8703, subject to certification by an authorized officer that the goods are capable of use by physically handicapped persons and an affidavit by the buyer that the car will not be disposed of for five years.

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Central Excise

Exempts first clearances for home consumption - 034/2003 - Central Excise - Tariff

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Exemption for first clearances: duty relief for unbranded readymade garments subject to aggregate value caps and record keeping.
Exempts first clearances for home consumption of unbranded readymade garments and clothing accessories under chapters 61 and 62 from excise duty up to an ... Summary

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Acts Income Tax