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CBEC amends Excise NT 42/2001 to make place for Education Cess
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Education cess inclusion expands chargeable duties by substituting Explanation III to list excise duties under Central Excise Rules.
The amendment substitutes Explanation III in Notification No. 42/2001 CE(N.T.) to define "duty" for the notification as duties collected under specified enactments, including the Central Excise Act, Additional Duties of Excise (Goods of Special Importance), Additional Duties of Excise (Textiles and Textile Articles), the National Calamity Contingent duty under the Finance Act, special excise duties under Finance Acts, additional duties under the Finance Act, and the Education Cess on excisable goods as levied in the Finance(No.2) Bill, 2004.
CBEC amends Excise NT 43/2001 to make place for Education Cess
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Education Cess added to excisable goods, and bonding relaxed allowing general bond or letter of undertaking in lieu of security.
The notification adds a proviso allowing manufacturers to furnish a general bond without surety or security, or a letter of undertaking in the Annexure-II form to Notification No.42/2001-Central Excise (N.T.) in lieu of a bond. It also inserts clauses into Explanation-I to include the National Calamity Contingent duty and the Education Cess on excisable goods as levies covered by the principal notification.
Amendment in the NOTIFICATION NO. 06/2002-CE, DT. 01/03/2002 (21.07 Scented supari)
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Excise exemption for packaged supari with declared retail price, limited to packages sold at a specified low capped price.
Insertion of a new tariff entry granting excise exemption to scented supari where the retail sale price is declared on the package and does not exceed fifty paisa per package. The amendment also supplies an explicit definition of "retail sale price" to include all taxes, freight, commissions and charges related to sale, and requires that the declared price be the sole consideration for the sale.
Amendments in the NOTIFICTION NO. 10/1996-CE, DT. 23/07/1996 (64.01 - Footwear of retail sale price not exceeding Rs. 125 per pair)
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Exemption threshold for footwear increased, expanding coverage under Central Excise notification and administrative exemption scope.
An amendment increases the retail-price ceiling for tariff exemption on specified footwear by substituting a higher retail-price threshold in the TABLE entry of the principal Central Excise notification, thereby broadening the class of footwear eligible for the existing miscellaneous exemption as an exercise of the Central Government's powers under the Central Excise Act.
Amendment in the NOTIFICATION NO. 28/2002-CE, DT. 13/05/2002 (5% Ethanol Blended Petrol - Excise Duty Off)
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Excise exemption for ethanol-blended petrol removes duty where component excise is paid and BIS standards are met.
Exemption for ethanol blended petrol: a motor spirit ethanol blend is Nil-rated for excise provided each component has had the appropriate duties of excise paid and the blend conforms to Bureau of Indian Standards specification 2796; "appropriate duties of excise" encompasses duties under the Central Excise Tariff Act Schedules, the additional duty under the Finance (No.2) Act, 1998 and the special additional duty under the Finance Act, 2002, subject to any applicable exemption notifications.
Amendment in the NOTIFICATION NO. 06/2002-CE, DT. 01/03/2002 (27.10 - 5% ethanol blended petrol)
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Excise exemption for ethanol-blended petrol grants duty relief where component duties paid and blend meets standards.
An exemption entry was added for petrol blended with a small proportion of ethanol where (i) the motor spirit and ethanol components have had the appropriate duties of excise paid and (ii) the resultant blend conforms to Bureau of Indian Standards specification; the notification explains that "appropriate duties of excise" means duties under the Central Excise Tariff and related additional and special excise duties read with any applicable exemption notifications, and records nil duty for the blend when these conditions are satisfied.
Exemption to 5% ethanol blended petrol from additional duty of excise
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Ethanol blended petrol exemption excludes additional excise duty where blend meets motor spirit and ethanol tax payments and BIS specifications.
Exemption from the whole of the additional duty of excise is granted for ethanol blended petrol where the motor spirit component has had the appropriate duties of excise paid, the ethanol component has had the appropriate central, State, Union territory or integrated tax paid, and the blend conforms to Bureau of Indian Standards specification 2796; appropriate duties and taxes are defined to include specified excise duties, additional and special additional duties, and the central, State, Union territory and integrated taxes under the GST enactments.
Exempts Motor Spirit, falling under heading No.27.10 intended for use in ethanol blended petrol
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Excise exemption for motor spirit used in ethanol blended petrol: duty limited to excess over standard valuation.
Exemption from excise duty is provided for Motor Spirit intended for use in ethanol blended petrol when manufactured in or cleared from an oil refinery or a registered warehouse and conforming to Bureau of Indian Standards specification 2796; the exemption applies only to the extent of duty in excess of the duty leviable if the goods were valued as sold by the manufacturer to an unrelated buyer at or nearest the time of removal where price is the sole consideration.
(Form for monthly return for production and removal of goods and other relevant particulars and CENVAT credit)
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Form specification for monthly CENVAT returns mandates use of Form ER 1 for production, removal and CENVAT credit reporting.
The notification prescribes Form ER-1 as the mandatory monthly return format for reporting production and removal of goods and for particulars relating to CENVAT credit, issued under rule 12 of the Central Excise Rules, 2002 and sub rule (5) of rule 7 of the CENVAT Credit Rules, 2002, and superseding the earlier notification.
Exempts Polyester filament yarn (other than textured) of denierage above 750 and of tenacity exceeding 6.5 grams per denier, falling under the heading No. 54.02
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Exemption of polyester filament yarn from special excise duty, subject to subsequent rescission by later notification.
Exempts polyester filament yarn (other than textured) of denierage above specified threshold and of tenacity exceeding specified threshold, falling under heading No. 54.02, from the whole of the Special duty of excise leviable under the Second Schedule to the Central Excise Tariff Act, 1985, by Notification No. 36/2004 CE dated 9 July 2004, subsequently rescinded by a later notification.
Rescinds the NOTIFICATION NO. 34/2003-CE, Dt. 30/4/03 & 66/2003-CE, Dt. 7/8/03
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Rescission of central excise notifications withdraws prior exemption orders under statutory power exercised in public interest.
Central Government, exercising statutory rescission power under the Central Excise Act, 1944, rescinds Notification No. 34/2003-Central Excise (30 April 2003) and Notification No. 66/2003-Central Excise (7 August 2003), each previously published in the Gazette of India, thereby withdrawing those exemption-related tariff notifications in the public interest.
Rescinds the verious Notifications
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Rescission of central excise notifications: specified exemption notifications withdrawn under statutory powers for public interest.
The Central Government, in exercise of the powers under sub section (1) of section 5A of the Central Excise Act, 1944 read with sub section (3) of section 3 of the Additional Duties of Excise (Goods of Special Importance) Act, 1957, hereby rescinds four specified Central Excise notifications that previously provided miscellaneous exemptions, the action being taken as necessary in the public interest.
Rescinds the NOTIFICATION NO. 18/1996-CE, Dt. 23/7/96 & 12/1998-CE, Dt. 2/6/98
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Rescission of Central Excise exemptions: Government withdraws specified prior exemption notifications under statutory powers to align with public interest policy.
The Central Government, invoking powers under section 5A of the Central Excise Act, 1944 read with the Additional Duties of Excise (Textiles and Textile Articles) Act, 1978, rescinds specified prior exemption notifications on grounds of public interest, withdrawing the legal effect of those earlier instruments and thereby terminating the exemptions they had granted.
Exempts all goods falling within the heading in this Notification - Textile
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Excise duty exemption for specified textile and related headings removes additional duty liability for listed goods under Additional Duties Act.
Exempts specified textile and related goods listed by First Schedule headings from the whole of the duty of excise leviable under the Additional Duties of Excise (Goods of Special Importance) Act, 1957, by Notification No. 32/2004-CE dated 09/07/2004, effected by the Central Government in the public interest under delegated statutory powers; the notification was later rescinded by Notification No. 21/2006 dated 01/06/2006.
Exemption to Additional Duties of Excise (Textile and Textile Articles), Supersession of the NTF. No. 53/1990-CE, DT. 20/03/1990
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Excise exemption for textiles: scheduled goods fully exempted from additional duty, superseding prior notification.
The government, invoking section 5A of the Central Excise Act and section 3 of the Additional Duties of Excise (Textiles and Textile Articles) Act, hereby exempts all goods within the Schedule to the Additional Duties of Excise (Textiles and Textile Articles) Act from the whole of the additional duty leviable thereunder, and supersedes the earlier notification of 1990 declaring this action to be in the public interest.
Corrigendum to NOTIFICATION NO. 30/2004-CE, Dt. 09/07/2004
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Correction to central excise exemption notification: wording narrowed from 'inputs or capital goods' to 'inputs'.
Corrigendum narrows the exemption wording in the stated central excise notification by substituting "inputs or capital goods" with "inputs", thereby removing the express reference to capital goods and confining the exemption language to inputs; the corrigendum specifies the exact location of the textual change and records the departmental file reference.
Exemption to specified goods of chapters 50 to 63
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Excise duty exemption for textile goods where inputs bore duty and manufacturers did not claim CENVAT credit, subject to conditions.
Exemption from whole excise duty is provided for specified textile goods in Chapters 50-63 as listed in the table, conditional on those goods being manufactured from inputs on which appropriate excise or additional customs duty has been paid and on the manufacturer not having taken CENVAT credit of such duty; appropriate duty includes nil or concessional rates. The notification specifies chapter/heading entries, descriptive qualifications, process based conditions for outsourced inputs, and explanatory definitions for manufacture of yarns and filament products.
Effective rate of duty for goods of Chapter 50 to 63
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Excise duty exemption for specified textile goods reduces duty to concessional ad valorem rates under statutory authority.
The Central Government, exercising powers under section 5A of the Central Excise Act, exempts excisable textile goods within Chapters 50-63 from duty to the extent that duty exceeds the amount calculated at the ad valorem rates specified in the notification's table. The table lists descriptions and tariff positions with corresponding concessional rates; an Explanation confirms those rates are ad valorem. The notification highlights cotton goods ''not containing any other textile material'', filament yarns processed externally by manufacturers without in-house filament production, and clarifies inclusion of limited non-cotton attachments within the cotton-only description.
Amendments in the NOTIFICATION NO. 08/2004-CE, DT. 21/01/2004 so as to provide for opening of escrow account for deposit of duties of excise, for which exemption has been claimed
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Escrow deposit requirement for excise duty claims mandates timely deposit, approved operations, investment and Committee certification or recovery with interest.
Manufacturers claiming exemption must deposit an amount equal to the excise duties that would otherwise be payable into an escrow account within sixty days of each quarter; escrow operations require Commissioner approval and a bond securing payment with interest under section 11AB if amounts are not invested. Deposited sums must be invested within two years and withdrawals reinvested within sixty days. Quarterly statements and investment details are submitted to a designated Committee which, if satisfied, issues a certificate discharging liability; failure to deposit or invest leads to recovery with interest and possible forfeiture of escrowed amounts.
Amendment to the extent specified in the notification
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Excise exemption eligibility limited to new or substantially expanded units meeting production commencement and capacity-increase conditions.
The amendments restrict excise exemptions to units meeting two eligibility conditions: new industrial units that commence commercial production within the prescribed window, and pre-existing units that undertake a substantial expansion by increasing installed capacity by not less than twenty-five per cent and commence commercial production from the expanded capacity within the prescribed window.

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