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Amendments in the NTF. NO. 29/2004-CE, DT. 09/07/2004 (Chapter 59)
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Central Excise Tariff Amendment substitutes entry for textile goods, revising rates for cotton and other fabrics.
The notification substitutes the Table entry at S.No. 10 of the principal Central Excise notification for goods under Chapter 59, distinguishing (i) cotton goods not containing any other textile material and (ii) other textile fabrics with an exception for specified tyre cord fabric; it updates the duty percentages applicable to each category and is issued under the Central Excise Act as a further amendment to Notification No. 29/2004-Central Excise, accompanied by a corrigendum correcting tariff item symbols.
Corrigendum to NTF. NO. 17/2005-CE, Dt. 02/05/2005
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Tariff classification amended to include an additional subheading, expanding the central excise exemption's descriptive coverage for specified goods.
A corrigendum to a Central Excise notification amends the tariff classification by replacing the originally cited subheading with language stating the goods are described under the original subheading or an additionally included subheading, thereby expanding the notification's descriptive coverage as published in the official Gazette.
Amendments in Exemption NTF. NO. 06/2002-CE, DT. 01/03/2002 (1703, 35040091)
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Exemption amendment adds tariff and duty exemptions for specified goods, including duty-free monofilament long line systems for tuna fishing.
The notification removes earlier entries at S.No.81 and S.No.82 and inserts three new tariff entries: a specific duty per metric ton for certain goods, an ad valorem duty for isolated soya protein, and a nil-duty classification for monofilament long line systems for tuna fishing. Clearance of the nil-duty goods requires production, before clearance, of a certificate from an officer not below the rank of Director in the Marine Products Export Development Authority confirming the goods are monofilament long line systems intended for tuna fishing.
Amendments in NTF. NO. 03/2005-CE, DT. 24/02/2005 (18, 2403, 43, 52, 63, 66, 9017)
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Exemptions amended: tariff headings revised, definition of machines narrowed, and new Nil-duty goods added under Central Excise.
The notification amends existing Central Excise exemptions by substituting a tariff entry with 5205 or 5206 or 5207, excluding manually operated hand implements from the term "machines" in chapter 57 (examples: hooking, tufting and knitting guns), and inserting new Nil-duty entries listing guar meal/guar gum refined split; specified cocoa goods; unbranded hooka/Godaku tobacco; raw or tanned and dressed furskin; umbrella cloth panels; and drawing instruments.
CBEC amends rules to allow benefits if exports are made to Nepal and Bhutan in freely convertible currency
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Freely convertible currency requirement: exports to Nepal and Bhutan qualify for notification benefits when payment is in listed convertible currencies.
Amendment confines applicability of the Central Excise notification to exports to Nepal and Bhutan only where payment is in specified freely convertible currency, lists acceptable currencies and treats Indian Rupees bought by the Asian Development Bank via payment to the Reserve Bank of India in foreign exchange as convertible; it also applies the conditions, safeguards and procedure of the Ministry of Finance notification for such exports.
Amendments in the CENVAT Credit Rules, 2004 - Heading 2710
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CENVAT Credit amendment adds specified LPG and kerosene supplies to rule 6(3)(a), clarifying coverage under credit rules.
Notification No. 18/2005 inserts two sub clauses into rule 6(3)(a) of the CENVAT Credit Rules, 2004, specifying Liquefied Petroleum Gas (LPG) 2711 19 00 for supply to household domestic consumers and kerosene under heading 2710 for ultimate sale through the public distribution system, and brings the CENVAT Credit (Fourth Amendment) Rules, 2005 into force on publication in the Official Gazette.
Amendments in the Central Excise Rules, 2002
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Interest on late duty: interest accrues until payment and instalment privileges are forfeited for prolonged default.
Rule 8 now charges interest on unpaid excise duty from the day after the due date until actual payment and forfeits the monthly instalment facility where duty remains unpaid beyond thirty days, requiring payment by debit to account current and deeming nonpayment as clearance without payment. Rule 12 permits scrutiny of self-assessed duty based on returns and further enquiry and requires assessees to produce documents and records for verification. Rule 22 expands mandatory records to include accounting of goods, input services and financial statements and adopts the CENVAT Credit Rules' definitions of first and second stage dealers.
Heading 8706 shall include chassis, whether or not fitted with a cab
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Classification of chassis: heading 8706 now includes chassis whether or not fitted with a cab, revising tariff wording.
The Central Government amends the First and Second Schedules to the Central Excise Tariff Act to declare that Heading 8706 shall include chassis, whether or not fitted with a cab, substitutes the relevant note in Chapter 87 and revises Note 9(iv) of the Second Schedule to reflect that wording, and inserts "16%" in column (4) against tariff item 5806 32 00 in Chapter 58.
Amendments in the CENVAT Credit Rules, 2004
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Definition of output service which is exported clarifies export treatment under Export of Services Rules for CENVAT Credit.
The Explanation to rule 5 of the CENVAT Credit Rules, 2004 is substituted so that "output service which is exported" means output taxable services exported in accordance with the Export of Services Rules, 2005, thereby tying the export characterisation relevant to CENVAT credit to compliance with those Export of Services Rules.
Amendments in the various Notification
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Additional duty of excise incorporated into specified Central Excise notifications, giving it provisional force of law.
The notification amends specified Central Excise (Non-Tariff) notifications by inserting the additional duty of excise introduced by the Finance Bill, 2005 into the Explanation provisions, treating that additional duty as having the force of law by virtue of the declaration under the Provisional Collection of Taxes Act and thereby bringing the duty within the scope of those notifications.
Amendment in NTF. NO. 36/2001-CE(N.T.), DT. 26/06/2001 - Declaration Form
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Declaration Form amendment updates exemption threshold and prescribes new undertakings and schedule affecting excise compliance obligations.
Amendment substitutes the monetary limit in the Explanation to paragraph (3) and replaces the existing Declaration Form and schedule. The new form requires declaration of truthful information, confirmation that exemption conditions have been met, undertaking to apply for Central Excise registration when exemptions cease, maintenance of records as directed by the Commissioner, and notification of changes. The new schedule requires factory details, related proprietary interests, business status, and particulars of excisable goods with tariff classification, clearance value, and the notification provisions relied upon.
Amendments in the CENVAT Credit Rules, 2004
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CENVAT credit scope expanded and utilisation restricted, with immediate input and capital goods credit for specified manufacturing contexts.
Amendments clarify that a person liable under rule 12AA is a manufacturer for jewellery under heading 7113; add specified additional duties from the Finance Bill into the CENVAT framework; prohibit utilisation of credit of the specified additional customs duty for payment of service tax; restrict cross utilisation of CENVAT credit for payment of a newly introduced additional duty on final products while allowing education cess credits to be used for either goods or services; allow immediate credit on receipt of inputs for jewellery manufactured on job work basis and immediate credit for specified additional customs duty on capital goods upon receipt in the manufacturer's factory; and preserve input credit entitlement for job workers under rule 12AA even when goods are cleared without payment of duty.
Exempts the goods falling under the Chapter 40 & 54 or heading 8415
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Excise exemption for goods under Chapters 40, 54 and heading 8415 set at nil rate, subsequently rescinded.
Exempts goods under Chapter 40, Chapter 54 and heading 8415 from excise duty in excess of the rate specified by exercise of the exemption power under section 5A of the Central Excise Act, setting the corresponding entries at a nil rate.
Exempts all goods, produced and used within the factory of their production
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Captive consumption exemption removes additional excise duty on goods produced and used within their producing factory.
Exempts goods produced and used within the manufacturing factory from the whole of the additional duty of excise when those goods are consumed in producing a final product that attracts additional duty, relying on powers under the Central Excise Act and the Finance Bill's provisional collection declaration.
Amendments in the Central Excise Rules, 2002
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Job work obligations for branded jewellery: principal must register, account and pay excise duty unless job worker opts to assume compliance.
Rule 12AA requires every person (except EOUs/SEZ units) who gets articles of jewellery under heading 7113 manufactured on job work basis to obtain registration, maintain accounts and pay excise duty as if an assessee, while permitting the job worker by agreement to assume registration, accounting, duty payment and invoicing; it prescribes invoice preparation, insertion of date/time of removal by the job worker, duty at rate in force on removal, supply of inputs without reversal of CENVAT under challan, and treats loss, destruction or shortages before clearance as dutiable clearances.
Amends Notification no 13/2002-Central Excise (N.T.) dated 01-03-2002
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Excise notification amendment: substitution alters specified tariff entry under section 4A powers in public interest.
Amends the principal non tariff central excise notification by substituting the entry in the tariff Table at S.No.63, column (4) with a revised percentage, enacted under the powers of sub section (1) and sub section (2) of section 4A of the Central Excise Act on the ground of public interest and noting the amendment history and Gazette publication details.
Rescinds NTF. NO. 09/2003-CE, 11/2003-CE & 42/2003-CE
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Rescission of central excise notifications ends specified small scale exemption notifications with stated effective dates.
The Central Government, invoking its authority under the Central Excise Act, rescinds specified Ministry of Finance (Department of Revenue) notifications relating to small scale exemptions as necessary in the public interest. Notification No. 9/2003-Central Excise is rescinded with effect from 1 April 2005, and Notifications No. 11/2003-Central Excise and No. 42/2003-Central Excise are rescinded with effect from 1 March 2005.
Amendments in the various Notifications
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Exemptions for filament yarns clarified; processing by manufacturers without filament manufacture facilities qualifies for concessional rate.
The notification amends prior Central Excise notifications by raising the monetary threshold from rupees three hundred lakhs to rupees four hundred lakhs effective 1 April 2005, substituting an 8% entry in a Table, and inserting an exemption for all filament yarns procured from outside and processed by manufacturers who lack in-factory facilities for manufacture of filament yarns, with an Explanation defining manufacture of yarns to include polymerization of organic monomers and chemical transformation of natural organic polymers. The notification generally comes into force on 1 March 2005.
Exempts all excisable goods produced or manufactured in a special economic zone
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Exemption for SEZ goods: excisable goods moved to domestic territory exempted from excise duty equivalent to additional customs duty.
Exempts excisable goods produced or manufactured in a special economic zone and brought to any other place in India in accordance with the Foreign Trade Policy 2004-2009 from the duty of excise equivalent to the additional duty of customs leviable under the Customs Tariff Act, with special economic zones defined as those notified under the Customs Act by declaring area specific economic zones.
Amendments in the NTF. NO. 23/2003-CE, DT. 31/03/2003
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Excise duty equivalence: excise levy aligned with additional customs duty following a finance bill amendment and provisional declaration.
Substitution of the first tariff table entry mandates levy of excise duty on all goods equivalent to the additional duty of customs under sub-section (5) of section 3 of the Customs Tariff Act, as amended by the Finance Bill provision given provisional effect, read with the proviso to subsection (1) of section 3 of the Central Excise Act; additionally, the first condition in the Annexure is omitted.

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