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Notifications
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Amends Notification Nos. 82/84-C.E., 76/86-C.E. and 431/86-C.E.
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Central Excise exemption scope narrowed to specified marine-related tariff headings, replacing 'ocean-going vessels' in notifications.
The Government amends three Central Excise notifications by replacing references to "ocean-going vessels" with wording specifying goods falling under certain marine-related tariff headings, omitting an Explanation in one notification, and substituting a Schedule entry to list those tariff headings, while excluding floating or submersible drilling or production platforms where indicated.
Amends Notification No. 190/87-C.E.
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Central Excise notification amendment: effective date postponed from October to November under authority of Central Excise Rules, 1944.
Substitutes the commencement date in paragraph 2 of Notification No. 190/87 Central Excises so that the notification takes effect on the first day of November, 1987 instead of the first day of October, 1987, pursuant to the powers under sub rule (1) of Rule 8 of the Central Excise Rules, 1944.
Amends Notification No. 75/87-C.E.
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Brand name restriction on excise exemptions: affixing another's trade name bars exemption, with a transitional safeguard.
The amendment conditions a Central Excise exemption on the absence of a brand name or trade name of another person on the goods; if a manufacturer affixes such a name or mark belonging to a person not eligible for the exemption, the exemption does not apply, subject to a transitional safeguard for goods cleared for home consumption before the notified cut off. It further defines "brand name" or "trade name" to include registered or unregistered names or marks, such as symbols, monograms, labels, signatures or invented words used to indicate a commercial connection with a person.
Amends Notification No. 140/83-C.E.
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Brand name affiliation limits exemption: goods bearing another person's brand lose exemption unless cleared earlier under prior terms.
The amendment provides that exemption under the notification does not apply where a manufacturer affixes a brand name or trade name (registered or not) of a person who is not eligible for the exemption, except for goods cleared for home consumption before the stated cut off. It further defines "brand name" or "trade name" to include names or marks such as symbols, monograms, labels, signatures, invented words or writings used to indicate a commercial connection between the goods and a person.
Amends Notification No. 175/86-C.E.
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Exemption limitation: goods bearing another person's brand or trade name are excluded if that person is ineligible for exemption.
The amendment excludes from the exemption specified goods on which a manufacturer affixes the brand name or trade name of another person who is not eligible for the exemption, subject to a proviso that the exclusion does not apply to goods cleared for home consumption before the specified cut off date; it also defines "brand name" or "trade name" to include registered or unregistered names or marks such as symbols, monograms, labels, signatures, invented words or writings used to indicate a trade connection with a person.
Amends Notification No. 167/86-C.E.
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Exemption schedule amended to include specified tariff goods under the relevant sub heading in Central Excise.
The notification amends the annexed Table by omitting the figures "36.04" from S. No. 2 and inserting a new entry after S. No. 2 that exempts all goods falling under sub heading 3604.90, thereby adding those goods as a separate entry in the exemption schedule pursuant to rule 8(1) of the Central Excise Rules, 1944.
Amends Notification No. 124/87-C.E.
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Excise exemption conditions updated: monthly cement clearances allowed subject to production thresholds and bond certification.
The amendment requires concessional-duty cement to be manufactured from clinker produced within the same factory or another factory of the same manufacturer where clinker production commenced during the period, and permits monthly clearances at the concessional rate only if preceding-month production exceeds 2.5% of annual licensed capacity and a bond is furnished securing payment of the duty difference if annual production falls below 30% as certified by the Development Commissioner for Cement Industry.
Amends Notification No. 36/87-C.E.
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Conditional excise exemption for cement: monthly clearances allowed if prior production threshold met; bond secures repayment for annual shortfall.
Permits manufacturers to clear cement monthly at the notification duty rate provided production in the preceding month exceeds a specified share of annual licensed capacity and the manufacturer furnishes a bond that, should certified annual production fall below a stipulated share of licensed capacity as certified by the Development Commissioner for Cement Industry, the manufacturer will, on demand, pay the difference between the duty otherwise leviable and the duty leviable under the notification.
Exemption to Metalware [Heading 73.08]
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Excise exemption for metalware applies when used in enamelware manufacture; out-of-factory use requires procedural compliance.
Full excise duty exemption applies to metalware of the specified tariff classification when used in the manufacture of enamelware; where such use occurs outside the factory of production, the procedural requirements set out in the Central Excise Rules for out-of-factory use must be complied with before the exemption applies.
Amends Notification No. 132/86-C.E.
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Central excise tariff amendment imposes ad valorem duty on polypropylene and copolymers of propylene under notified amendment.
The amendment replaces S. No. 4 in the Table to Notification No. 132/86-Central Excises by listing tariff headings 3902.10 and 3902.90 for polypropylene and copolymers of propylene and prescribing an ad valorem duty rate for those entries, effected under sub rule (1) of rule 8 of the Central Excise Rules, 1944.
Central Excise (Sixth Amendment) Rules, 1987
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Minimum duty on removed inputs must at least match the input credit claimed, preventing duty lower than credit allowed.
Where materials or component parts are removed from the factory for home consumption or home use on payment of duty, such duty shall in no case be less than the amount of input credit that has been allowed in respect of those materials or component parts, creating a floor on duty equal to the credit claimed and enabling recovery of previously granted credit on such removals.
Exemption to parts and accessories on motor vehicles, tractors and trailers falling under Chapters 40, 48, 73, 84 or 85
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Excise exemption for specified automotive parts permits duty-free treatment when used as original equipment in exempt engine manufacture.
Exemption from excise duty applies to a specified list of parts and accessories for motor vehicles, tractors and trailers when proved to be intended as original equipment parts in the manufacture of engines exempt from excise duty; use outside the factory of production requires adherence to the procedural requirements of Chapter X of the Central Excise Rules.
Exemption to parts and accessories of motor vehicles, tractors and trailers falling within Chapter 45 or 68
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Excise exemption for motor vehicle parts: relief conditioned on original equipment use and prescribed procedural compliance.
Parts and accessories of motor vehicles, tractors and trailers are exempt from the whole of excise duty when it is proved to an officer not below Assistant Collector that they are intended as original equipment parts for specified exempt engines or exempt vehicle parts, and where use outside the factory of production requires following the procedural regime in Chapter X of the Central Excise Rules, 1944.
Rescinds Notification Nos. 75/86-C.E. and 309/86-C.E.
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Rescission of central excise notifications withdraws specified prior exemptions under Rule 8 authority of the excise rules.
The Central Government, exercising the power under sub rule (1) of Rule 8 of the Central Excise Rules, 1944, rescinds Notification No. 75/86 Central Excises dated 10 February 1986 and Notification No. 309/86 Central Excises dated 20 May 1986, thereby withdrawing the legal effect of those notifications.
Amends Notification No. 263/79-C.E.
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Exemption for goods sent abroad extended to include demonstration and tests, broadening trade fair exemption scope.
Extends the existing exemption for goods sent abroad for participation in an international trade fair by inserting "or sent abroad for the purposes of demonstration or for carrying out tests or for trials" after "Exhibition," thereby broadening eligible outward bound purposes to include demonstration, tests, and trials under the original notification.
Exemption to specified goods for supply to the Oil and Natural Gas Commission or the Oil India Limited
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Excise exemption for oilfield supplies subject to certificate and procedural verification under Central Excise rules.
The notification exempts specified goods cleared for supply to the Oil and Natural Gas Commission or Oil India Limited from central excise duty in excess of the amount calculated at the rate of 10 per cent ad valorem, subject to production of a certificate from the recipient confirming required use in oil exploration or exploitation, furnishing evidence as required by the proper officer to verify use, and adherence to the procedural requirements of Chapter X of the Central Excise Rules, 1944.
Exemption to goods for supply to the Gas Authority of India Limited
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Excise duty exemption for gas project supplies requires pre clearance certificate and post use verification under prescribed procedures.
Relief limits excise duty on specified tariff goods supplied to the gas sector by capping chargeable duty at a fixed ad valorem rate while exempting the remainder; applicability is confined to goods listed in the Central Excise Tariff Schedule and contingent upon use in the Hazira Bijapur Jagdishpur Project, subject to production of a pre clearance certificate from the gas undertaking, post use verification as required by the proper officer, and compliance with Chapter X procedures of the Central Excise Rules, 1944.
Manufacture in Bond of articles from non-duty paid excisable goods
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Manufacture in Bond notification adds tariff entries for textured filament yarn and synthetic graphite electrode inputs.
Amendment under rule 191B inserts two new tariff entries into the 1959 notification: one for Textured Filament Yarn described as filament yarn not textured (flat), and one for Synthetic/Artificial Graphite Electrodes, Anodes, Nipples and Files linked to inputs of calcined petroleum coke, binder pitch and coking coal, thereby expanding the Table of covered items for central excise tariff and exemption treatment.
Central Excise (Fifth Amendment) Rules, 1987
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Territorial jurisdiction extended to specified Bombay municipal wards and designated continental shelf/EEZ areas under excise rules.
The amendment substitutes item (p) in rule 2(ii)(A) of the Central Excise Rules, 1944, assigning jurisdiction to the Collector of Central Excise, Bombay-I over (a) Municipal wards A to H and K (East) of the Municipal Corporation of Greater Bombay and (b) areas in the Continental Shelf or Exclusive Economic Zone declared designated areas by Government notification No. S.O. 429(E).
Exemption to Nylon Filament Yarn
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Exemption for nylon filament yarn permits reduced excise duty when used in approved low price nylon cotton blended saree manufacture.
Exemption removes excise duty in excess of a specified per kilogram rate on nylon filament yarn (sub heading 5402.11) when used to manufacture low price nylon cotton blended sarees under a programme approved by the Textile Commissioner and a senior Ministry official; the manufacturer must produce evidence to the Assistant Collector and obtain a post use certificate from the Textile Commissioner. The relief also applies to yarn in fents, rags and chindies up to an aggregate limit of eight percent of total clearances of such sarees, with prescribed length based definitions for those remnants.

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