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Assistant Collector of Central Excise invested with powers of Collector of Central Excise throughout India for investigation and adjudication of cases to be assigned by C.B.E. & C.
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Delegation of Collector powers: Assistant Collector authorised nationwide to investigate and adjudicate assigned central excise cases.
Assistant Collector, Madras V Division, is invested with the powers of a Collector of Central Excise to be exercised throughout India for the purpose of investigation and adjudication of such cases as may be assigned to him by the Central Board of Excise and Customs, pursuant to clause (b) of section 2 of the Central Excises and Salt Act, 1944 and rule 4 of the Central Excise Rules, 1944.
Central Excise (Amendment) Rules, 1994 - Accounting procedure for persons issuing invoices under Rule 57G
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Invoice-based accounting requirement: registered dealers must register, maintain RG 23D stock records and allow official inspection.
Registered persons issuing invoices under rule 57G or 57T must register under rule 174 and maintain a daily stock account in RG 23D; entries must be dated, accurate, not cancelled except to correct errors, kept available for inspection and produced on demand. Invoices must contain prescribed details, bear a yearly printed serial number with authentication of each foil, and computer-generated invoices and records are recognised with software details to be furnished to the Assistant Collector.
Modvat Credit - Invoice of registered dealer acceptable
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Modvat credit invoice acceptance: prescribed invoices from manufacturers, registered dealers and importers qualify for credit under the rules.
An invoice issued by a manufacturer from factory or depot, a dealer of excisable goods registered with the Central Excise Officer, an importer from his godown, or a dealer of imported goods registered with the Central Excise Officer, containing the particulars prescribed under rule 57GG of the Central Excise Rules, 1944, is prescribed as the document for the purpose of rule 57G to qualify for Modvat credit.
(i) Mineral Oil Products - Interwarehousing movement without payment of duty to and from Paradeep in the State of Orissa (ii) Rule 139 - Removal of specified goods of Chapters 27 and 29 without payment from a licenced warehouse located in Paradeep (Orissa)
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Interwarehousing movement without payment extended to an additional port location, permitting removal of specified mineral oil products under rule provisions.
The Central Government, under sub-rule (2) of rule 49 and rule 139 of the Central Excise Rules, rescinds Notification No. 299/83-C.E. and amends Notification No. 266/67 by inserting Paradeep (Orissa) into paragraph 2, clause (i), thereby extending removal without payment and interwarehousing movement privileges for specified goods of Chapters 27 and 29 to a licensed warehouse at Paradeep.
Modvat - Invoice as duty paying document - Date extended to 31-12-1994
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Invoice as duty paying document: statutory amendment extends permitted period under rule 57G proviso.
Amendment under the first proviso to sub rule (2) of rule 57G substitutes a later calendar date in the last paragraph of Notification No. 21/94 Central Excises (N.T.), thereby extending the period during which an invoice is recognised as the duty paying document under Modvat; the amendment effects only the substitution of the previously specified date with the new date.
Modvat Credit - Rule 57J extended to waste of synthetic filament [Sub-heading 5401.10]
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Modvat credit under rule 57J extended to waste of synthetic filament, expanding eligible inputs for input credit.
Amendment extends modvat credit eligibility to include waste of synthetic filament by substituting references in both column (1) and column (2) of the Table annexed to the earlier notification, thereby bringing the synthetic filament waste sub heading within the listed headings eligible for input credit under the rule 57J authority.
Modvat extended to waste of synthetic filament [Sub-heading 5401.10]
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Modvat extended to waste of synthetic filament, bringing that classification within the input tax credit notification.
The Central Government amended a prior Central Excise notification by substituting text in the annexed Table to include sub-heading 5401.10 alongside heading 53.04, thereby extending Modvat eligibility to waste of synthetic filament within the notification's input tax credit framework.
Spandex Yarn subject to 10% excise duty [Heading 54.02]
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Excise duty on spandex yarn imposed by tariff amendment, adding a tariff entry and ad valorem duty obligation.
The Central Government amended an earlier excise notification to insert a new tariff table entry classifying Spandex Yarn under a specified tariff heading and prescribing a 10% ad valorem excise duty, thereby bringing Spandex Yarn within the excise charge regime by adding the new serial entry to the annexed Table of the notification.
Waste of synthetic filament - Exempted if captively consumed in the manufacture of specified goods or manufactured as a job work and used in the manufacture of specified goods [Heading 5401.10]
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Waste of synthetic filament exemption extended for captive consumption and job work use in manufacture of specified goods.
Exemption for waste of synthetic filament under tariff heading/sub heading 5401.10 is added to earlier Central Excise notifications so that such waste is exempt when captively consumed in the manufacture of specified goods or when manufactured as job work and used in the manufacture of specified goods.
Kerosene, LPG, Petroleum gases and other gaseous hydrocarbons - Partial exemption if used in the manufacture of specified goods [Chapter 27]
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Partial excise exemption for specified fuel inputs when duty exceeds consumption linked liability under manufacture rules.
Partial excise exemption applies to kerosene, LPG and other petroleum gases when used to manufacture specified end products by exempting duty in excess of that attributable to the quantity actually consumed. Eligible consumption is calculated by deducting from quantities received the amounts returned to the refinery or supplying factory (including mineral oil generated in manufacture and returned under declaration), and that consumption figure determines the exemptible portion of duty.
Rubber balloons - Notification 97/94-C.E. rescinded
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Rescission of exemption: government rescinds prior notification affecting rubber balloons, reinstating central excise charge treatment.
The Central Government rescinds Notification No. 97/94-C.E. (25 April 1994) concerning rubber balloons, withdrawing the prior exemption and restoring the earlier central excise treatment as an administrative measure taken in the public interest by a notification dated 22 June 1994.
Modvat on capital goods acquired on lease, hire-purchase or loan agreement - Conditions and restrictions
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Modvat credit on leased capital goods: conditions require specific documentation and bar depreciation on duty component.
Modvat credit for capital goods acquired on lease, hire-purchase or loan is allowed only if the manufacturer files the rule 57T declaration, produces invoices or agreements evidencing payment of the specified duty and the financing arrangement, or a financier's certificate that the manufacturer paid the duty before the first instalment when financing includes the duty; the duty must represent the whole duty payable, Chapter V procedure must be followed, documents must name both manufacturer and financier, and no income-tax depreciation may be claimed on the duty component.
Central Excise (Fourth Amendment) Rules, 1994 - Amendment to Rule 57R
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Credit of specified duty on capital goods allowed when manufacturer acquires them under lease, hire purchase or loan agreement.
Credit of the specified duty paid on capital goods shall be allowed where such capital goods are acquired by a manufacturer on lease, hire purchase or loan agreement, subject to conditions and restrictions specified in a notification issued by the Central Government.
Consumer Welfare Fund (Second Amendment) Rules, 1994
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Consumer Welfare Fund amendment updates composition to include senior Rural Development and Bureau of Indian Standards officers.
The amendment substitutes two entries in sub rule (2) of Rule 5 of the Consumer Welfare Fund Rules, 1992: clause (e) is replaced by Secretary/Additional Secretary of the Department of Rural Development, and clause (f) is replaced by Director General/Additional Director General, Bureau of Indian Standards; the Rules commence on publication in the Official Gazette.
Medicinal grade hydrogen peroxide, medicinal grade oxygen and anaesthetics subject to 5% duty
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Excise exemption limits central excise liability on specified medicinal goods by capping duty at a fixed ad valorem rate.
Central Government exempts specified medicinal-grade chemicals and anaesthetics from that portion of central excise duty in excess of an ad valorem rate of 5%, identifying the affected goods by their Central Excise Tariff chapter headings and listing medicinal grade hydrogen peroxide, medicinal grade oxygen, and anaesthetics in the annexed Table.
Medical grade gases - Notification No. 6/94-C.E. amended
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Notification amendment removes specified table entries, withdrawing exemptions related to medical grade gases and adjusting excise coverage.
The Central Government, exercising powers under Section 5A of the Central Excises and Salt Act, 1944, amends Notification No. 6/94-Central Excises by omitting Serial Numbers 7, 8 and 9 and their corresponding entries from the Table annexed to that notification, thereby removing those listed exemptions related to medical grade gases.
Medical equipment - Notification No. 116/88 rescinded
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Rescission of notification removes a central excise exemption for medical equipment under statutory executive power.
The Central Government, exercising powers under sub section (1) of section 5A of the Central Excises and Salt Act, 1944, hereby rescinds Notification No. 116/88 Central Excises dated 1st March, 1988 by issuing Notification No. 112/94 dated 3rd June, 1994, the rescission being taken on the stated ground of necessity in the public interest and resulting in withdrawal of the prior excise notification concerning medical equipment.
Medical, surgical, dental and veterinary instruments and appliances - All goods of Headings 90.18 to 90.21 and specified goods of Heading 90.22 subject to 5% duty
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Excise duty cap for medical instruments: liability limited to a specified ad valorem rate under notification.
Exemption limits excise liability on specified medical, surgical, dental and veterinary instruments to an ad valorem duty of five percent by exempting that portion of duty in excess of the five percent rate for goods falling under the enumerated tariff headings, as set out in the notification dated 3-6-1994; the Table lists the relevant headings and describes the covered goods as all goods within those headings or all goods for medical, surgical, dental or veterinary use.
Medical, surgical, dental or veterinary furniture and parts thereof subject to 5% duty
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Excise duty on medical, surgical and veterinary furniture prescribed under amended central excise notification, adding a specific ad valorem rate.
Amendment to Notification No. 55/94 Central Excises adds a new tariff entry subjecting medical, surgical, dental and veterinary furniture and parts thereof to an ad valorem duty, effected under the powers of sub section (1) of section 5A of the Central Excises and Salt Act, 1944, and described in the Table annexed to the notification as a distinct serial entry.
Modvat credit for inputs permitted to be cleared under Rule 57F
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Modvat credit entitlement: inputs cleared under rule 57F may be credited for specified duties, subject to utilisation limits.
Modvat credit of duties and specified additional duties already paid on inputs is allowed when such inputs are used in or in relation to manufacture of listed final products and have been permitted to be cleared under Rule 57F; such credit may be utilised for payment of duty on the final products or, as applicable, on those inputs. Credits in respect of inputs from free trade zones or from hundred per cent export oriented undertakings and Electronic Hardware Technology Park units are restricted to an amount equal to the equivalent additional duty under the Customs Tariff. Credits attributable to textile-related additional duty or to goods-of-special-importance additional duty (or their Customs equivalents) must be utilised only towards payment of duties leviable under the corresponding enactments.

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