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Notifications
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Seeks to amend Central Excise Notifications
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Central Excise notification amendments update product descriptions, exemption scope, duty references and ethanol blended petrol treatment.
Central Government directs textual and table amendments to multiple Central Excise notifications, substituting and expanding commodity descriptions, revising exemption conditions and definitions (including the meaning of rural area), updating cross references to other notifications and duty provisions, omitting and inserting serial entries, and inserting an operative tariff entry for ethanol blended petrol with compositional, standards and procedural requirements and an explanatory note on appropriate duties for the exemption.
Seeks to exempt 5% ethanol doped petrol from additional duty of excise, levied under section 111 of the Finance (No.2) Act, 1998
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Exemption for ethanol blended petrol from additional excise duty where composition and quality conditions are satisfied.
Exempts ethanol blended petrol consisting of 95% motor spirit and 5% ethanol from the whole of the additional duty of excise, where both components have had the appropriate duties of excise paid and the blend conforms to Bureau of Indian Standards specification 2796; "appropriate duties of excise" includes duties under the Central Excise Tariff schedules, the additional duty under the Finance (No.2) Act, and special additional excise duty under the Finance Act, 2002, read with applicable exemption notifications.
Seeks to exempt motor spirt, intended for use in 5% ethanol doped petrol, from duty as is in excess of that leviable on motor spirit sold by the manufacturer to an independent buyer
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Excise exemption for ethanol-blended petrol reduces duty to the level charged on motor spirit sold to independent buyers.
Motor spirit cleared from an oil refinery or a registered warehouse and intended for use in ethanol blended petrol is exempt from excise duty to the extent that duty exceeds the amount that would have been leviable had the motor spirit been sold by the manufacturer to an unrelated buyer at arm's length, provided the blended fuel conforms to the prescribed quality specification.
Seeks to exempt (i) green tea, and (ii) tea, manufactured by bought leaf factory and factory belonging to co-operative society from additional duty of excise on tea and tea-waste, levied under clause 149 of the Finance Bill, 2003
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Exemption from additional excise duty on specified tea contingent on prescribed undertakings and compliance with sourcing rules.
Exempts specified tea under heading 09.02 from the whole of the additional duty of excise under clause 149 of the Finance Bill, 2003, subject to conditions: green tea; tea from co-operative society factories; and tea from bought leaf factories. Eligibility requires filing prescribed undertakings (by 15 March 2003 for March 2003 clearances or on the commencement date for later years) confirming sourcing from growers with holdings not exceeding ten hectares, registration of co-operative societies, minimum working periods for bought leaf factories, and submission of prescribed annual statements of accounts; failure to satisfy undertakings triggers liability to pay the additional duty for the relevant period.
Seeks to exempt crude oil, produced either in fields under PSCs or in the Exploration blocks offered under NELP, from National Calamity Contingent Duty, which has been levied under Section 136 of the Finance Act, 2001 read with clause 161 of the Finance Bill, 2003
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Exemption from National Calamity Contingent Duty for crude oil produced under PSCs and NELP blocks preserves tax relief.
Notification exempts crude petroleum oils produced in specified Production Sharing Contract fields and in exploration blocks awarded under the New Exploration Licensing Policy from the National Calamity Contingent Duty. The exemption is granted under section 5A of the Central Excise Act in conjunction with the Finance Act provision and applies to petroleum oils and oils obtained from bituminous minerals, crude, originating in the listed PSC fields or NELP-awarded blocks.
Seeks to prescribe effective rates of Special Excise Duty in respect of specified goods wherever duty rate has been reduced in the Second Schedule of the Central Excise Tariff Act, 1985
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Special Excise Duty rate cap limits excise to a prescribed effective rate for specified tariff entries, via statutory exemption.
Prescribes an effective Special Excise Duty rate for specified goods in the Second Schedule to the Central Excise Tariff Act, 1985 by exempting from excise duty the portion of duty in excess of the amount calculated at the prescribed effective rate for each listed tariff entry; applicability is confined to the goods and rates in the annexed Table and the measure is taken as a public interest exemption under statutory power.
Seeks to prescribe effective rates of duty @nil or 8% advalorem on specified goods falling under the First Schedule to the Central Excise Tariff Act, 1985
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Effective Rate of Duty: reduced excise treatment for specified tariff items, fixing duty at stated ad valorem rates and exemptions.
Prescribes effective rates of duty by exempting goods specified in the Table from so much of the duty leviable under the First Schedule to the Central Excise Tariff Act, 1985 as exceeds the amount calculated at the ad valorem rates specified. Clarifies that manufacturers who availed full exemption under earlier notifications in the same financial year may still avail this exemption; defines "retail sale price" to include taxes, freight, commission and related charges; and states that rates in the Table are ad valorem unless otherwise specified. Annexed List 1 identifies specified medical and ophthalmic equipment subject to the treatment.
Seeks to supercede SSI exemption notification No. 9/2002-CE, dated 01.03.2002 and prescribe SSI exemption, with effect from 01.04.2003 for units availing CENVAT credit
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SSI exemption limits concessional clearances and requires an option in writing to claim eligibility under conditions.
Prescribes an SSI exemption effective from April one two thousand three, superseding the prior notification, exempting specified clearances for home consumption from excise duty in excess of amounts calculated at prescribed rates: concessional duty at sixty percent of normal for initial clearances up to an aggregate threshold and nil duty for clearances used as inputs for further manufacture; available only upon exercise of an option in writing with prescribed intimation and subject to aggregate caps, exclusions for branded goods, and specified non-countable clearances.
SSI exemption, with effect from 1/4/2003 for units not availing CENVAT credit
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SSI exemption for manufacturers who forgo CENVAT credit allows nil excise duty on initial clearances, subject to conditions.
Notification No. 08/2003 CE grants an SSI exemption for specified goods' clearances for home consumption effective 1 April 2003, allowing nil duty on initial clearances subject to aggregate value thresholds, provided the manufacturer does not avail CENVAT credit on inputs or capital goods. The manufacturer may opt to pay normal duty for the year by prior written notice; exclusions include clearances exempt under other notifications, goods used as inputs for further manufacture within the factory, and goods bearing another person's brand name except as specifically allowed. Definitions, procedural notice requirements, and numerous product specific carve outs are set out in the Annexure and subsequent amendments.
Seeks to prescribe effective rates of duty on textile articles
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Duty exemption on textile articles: reduced effective excise rates apply subject to processing, certification, and entity-specific conditions.
Exempts specified textile goods from so much of excise duty as exceeds reduced rates listed in the Table and, for certain entries, wholly exempts special duty; rates in columns (4) and (5) are ad valorem unless otherwise stated. Eligibility is defined by tariff headings and product descriptions, with conditionality based on absence of processing by power or steam, manufacture or processing by designated handloom/khadi/prison/charitable entities, production of authorised certificates at clearance, compositional thresholds for blended fibres, and restrictions where CENVAT credit has been availed.
Seeks to amend notification No. 6/2002-CE, dated 1.3.2002, to prescribe effective rates of duty on specified goods
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Tariff amendments adjust excise duty rates, update product classifications, and add exemptions including ethanol blended petrol.
Amendment revises notification No. 6/2002 CE by substituting and omitting multiple table entries, changing excise duty rates and product descriptions, inserting a temporary exemption for a specified ethanol blended petrol conforming to BIS standards, expanding exempted goods (notably drugs, medical equipment, computers and certain food preparations), and modifying annexure conditions including deletions, substituted provisions, definitional clarifications and additions to List 6 for eligible machinery and pollution control equipment.
Amendments in the Notification Nos. 39/01, 56/02 & 57/02 (Duty paid on the inputs used in or in relation to the manufacture of goods cleared)
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Refund limitation on central excise duty: refunds capped by duty paid minus CENVAT credit claimed.
The amendments add a proviso capping refunds under specified central excise notifications so that refund shall not exceed the amount of duty paid less the CENVAT credit availed in respect of duty paid on inputs used in or in relation to the manufacture of goods cleared under those notifications.
Amendment in Notification No. 64/2002-CE (Petrol Cleared from a Regd. Warehouse for use in Ethanol Blended Petrol – Excise Concession)
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Excise concession extended: petrol cleared from registered warehouses qualifies for use in ethanol-blended petrol under amended notification.
Amendment inserts the words "or cleared from a registered warehouse" into paragraph 1 of Notification No. 64/2002-Central Excise, so that petrol cleared from registered warehouses is eligible for the excise concession when used in ethanol-blended petrol, the change being made under the Central Government's statutory authority and notified by Notification No. 04/2003-CE dated 27-01-2003.
Knitted or Crocheted Fabrics – Exempted from Duty if no Cenvat Duty has been Availed
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CENVAT credit restriction: knitted or crocheted fabrics exempt only if no CENVAT credit on inputs or capital goods claimed.
Amendments restrict the exemption for knitted or crocheted fabrics by substituting the conditions in earlier notifications to require that no CENVAT credit of duty paid on inputs or capital goods has been taken under the CENVAT Credit Rules for the exemption to apply.
North East Region – Industrial Areas Covered by Excise Concession
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Excise concession areas expanded: specific Assam industrial localities added to eligibility list for concessional excise treatment.
Amendment adds specified industrial areas and government land parcels in Assam, identified by Patta/Dag numbers and mouza/PS details, to the Annexure of the principal Central Excise notification to render those areas eligible for excise concessions under the Central Excise Act, 1944 and relevant Additional Duties of Excise Acts, and substitutes two patta/dag entries for Pachimboragaon.
Amendment in the Notification No. 06/2002-CE (Nylon Twine for Captive Use – No Excise Duty)
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Excise duty exemption for nylon twine used within factory, making captive in-house consumption nil-rated under central excise.
An amendment adds a specific exemption entry to the central excise notification providing an excise duty exemption for nylon twine used within the factory of production, specifying a nil rate for such captive in-house use and thereby excluding that consumption from central excise liability.
Chapter heading 27.10 of the First Schedule and Second Schedule
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Excise duty exemption for ethanol-blended petrol where specified ethanol blend meets BIS 2796; excess duty relieved.
Petrol cleared from an oil refinery or registered warehouse for use in a specified low percentage ethanol blended petrol meeting BIS specification 2796 is exempted from excise duty to the extent that the duty exceeds the amount that would have been leviable if sold by the manufacturer to an unrelated buyer at the time nearest to removal with price as sole consideration.
Exempts 5% Ethanol Blended Petrol
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Excise exemption for ethanol blended petrol removes excise duty where motor spirit and ethanol duties are paid and standards met.
Exempts ethanol blended petrol from the whole of the additional duty of excise where the blend consists of motor spirit and ethanol on which the appropriate duties of excise have been paid and where the blend conforms to Bureau of Indian Standards specification 2796; defines "appropriate duties of excise" to include duties under the Central Excise Tariff, additional duties under finance enactments and special additional excise duty, read with applicable exemption notifications, and limits the exemption to the specified period of operation.
Addition in Exemption (Motor spirit, (commonly known as petrol))
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Ethanol blended petrol exemption expands Central Excise relief for compliant fuel blends and intended motor spirit use.
Amendment to existing Central Excise exemption notifications introduced an exemption entry for 5% ethanol blended petrol, being a blend of 95% motor spirit and 5% ethanol on which the appropriate duties of excise had already been paid, and conforming to Bureau of Indian Standards specification 2796. A further amendment inserted an entry for motor spirit intended for use in ethanol blended petrol, subject to the same blending composition and BIS specification, and to compliance with the procedure laid down under the Central Excise (Removal of Goods at Concessional Rate of Duty for Manufacture of Excisable Goods) Rules, 2001.
Duty paid on the inputs used in or in relation to the manufacture of goods cleared
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Refund limitation: refunds under specified excise notifications capped at duty paid less CENVAT credit availed on inputs.
Refunds under the specified Central Excise notifications are limited to the amount of duty paid less the CENVAT credit availed in respect of duty paid on inputs used in or in relation to the manufacture of goods cleared under those notifications, by insertion of a proviso into clause (b) of the second paragraph of each notification.

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Central Excise

Amendment in the Notification No. 06/2002-CE, Dt. 01/03/2002 (Inserted 64.01 - Footwear in Exemption Table) - 048/2003 - Central Excise - Tariff

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Exemption for footwear processing: packing, labeling and market-preparation allowed where retail price unchanged and duty previously paid.
A new exemption permits footwear that undergoes packing, labeling or other marketability treatment to be exempt from excise, provided those processes do ... Summary

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Acts Income Tax