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Notifications
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Budget Notification on Excise
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Rescission of tariff exemptions withdraws specified central excise exemption notifications issued earlier under statutory power.
The Central Government, invoking the power under sub section (1) of section 5A of the Central Excise Act, 1944, rescinds the prior central excise notifications specified in the annexed table, thereby terminating the tariff exemptions and miscellaneous excise concessions previously conferred by those notifications.
Budget Notification on Excise
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Excise exemption cap limits payable duty to a proportion of aggregate customs duties for export oriented and FTZ manufacturers.
Exempts finished products, rejects, waste, scrap and by products produced in a hundred per cent export oriented undertaking or a free trade zone wholly from Indian raw materials from excise duty to the extent such duty exceeds an amount equivalent to fifty per cent of the aggregate of the duties of customs chargeable on like imported goods, subject to conditions limiting applicability to items that are exempt or nil rated when cleared by domestic units and to goods permitted for sale in India under specified Export and Import Policy provisions.
Budget Notification on Excise
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Excise exemption for woollen fabrics removes additional textile duty, exempting specified tariff headings from levy.
Exemption removes the whole of the additional excise duty on woollen fabrics classifiable under specified tariff headings, implemented by executive power to exclude those goods from the additional textile duty; the relief is tariff heading specific and was later rescinded by a subsequent notification.
BUDGET NOTIFICATION ON EXCISE
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Excise exemption for processed tyre cord fabrics where prior duty has been paid on unprocessed inputs.
Amendment inserts an exemption for processed tyre cord fabrics (chapter 59.02) manufactured from unprocessed tyre cord fabrics on which the appropriate excise duty or additional duty under the Customs Tariff Act has already been paid, prescribing a nil rate of duty subject to the condition of prior duty payment on the inputs.
Budget notification on excise
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Excise exemption for tyre cord fabrics limits additional duty to a specified per kilogram cap; later rescinded.
The Central Government exempts tyre cord fabrics classified in the Central Excise Tariff from so much of the additional duty under the Additional Duties of Excise Act as exceeds the amount calculated at a specified per kilogram rate, exercising powers under the Central Excise Act and the Additional Duties Act; the notification has since been rescinded.
Value of Clearance
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Exemption regime for central excise permitting reduced duty proportions for initial aggregate clearances under specified eligibility conditions.
The notification grants a time limited exemption by allowing specified clearances for home consumption to be charged at reduced proportions of the normal excise duty for prescribed initial aggregate tranches, subject to a written option by new claimants, aggregation of clearances across factories and manufacturers, exclusions for fully exempt clearances and certain in factory uses, non applicability to goods bearing another's brand except limited cases, and detailed valuation and eligibility rules with an annexure listing excluded tariff items.
Value of Clearance
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Exemption on first clearances: duty relief tiers for eligible manufacturers with conditions and credit restrictions.
Notification No. 08/1998-CE grants a two-tier, value-based excise duty exemption for specified goods cleared for home consumption during the financial year: an initial aggregate tranche is exempt and a subsequent tranche is subject to a concessional ad valorem duty. Eligibility is subject to election rules, input credit restrictions, prior-year aggregate clearance limits, and aggregation across factories or manufacturers; certain clearances and branded goods are excluded and detailed definitions and an annexure set out excluded commodities and operational rules.
Duty on excisable goods
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Exemption amendments: notification revises central excise exemption scope, eligibility and certification requirements for specified goods and producers.
This notification amends multiple prior Central Excise notifications to revise the scope and conditions of excise exemptions by substituting wording, adding or omitting table entries, redefining specified goods through annexure or tariff sub-headings, and imposing administrative certification and locality-based assembly conditions for eligibility.
Duty on excisable goods
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Excise duty cap limits leviable duty on specified goods to prescribed rates, with retail price definition for eligibility.
Central Government exempts specified excisable goods by capping leviable excise duty at the rates set in the Table, listing tariff references and descriptions with either nil liability or specified percentage rates; eligibility for shoes and bulbs depends on the good's retail sale price as defined, and the notification is noted as superseded by a subsequent notification.
Effective rate of duty for specified goods of Chapters 13 to 96
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Effective rate of duty: targeted concessional excise treatment for specified goods, subject to listed conditions and procedures.
Notification No. 5/98-C.E. prescribes an effective rate of duty regime for specified goods in Chapters 13-96 by exempting duty in excess of the Table's specified rate, with the Table mapping tariff entries to product descriptions, effective rates (including Nil and ad valorem percentages or specified amounts) and cross referenced condition numbers; eligibility, documentary proofs and procedural requirements are detailed in the Annexure and appended Lists.
Commissioner of Central Excise, Bhubaneswar-I invested with powers of investigation and adjudication throughout India, of cases against M/s. Western India Machinery Company, Calcutta and M/s. Vineet Electrical Industries (Private) Limited, Calcutta
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Delegation of investigation and adjudication powers nationwide to a Commissioner for targeted central excise proceedings.
The Central Board of Excise and Customs, under the enabling provision of the Central Excise Act read with the Central Excise Rules, invests the Commissioner of Central Excise, Bhubaneswar-I with the powers of a Central Excise Officer to be exercised throughout India for investigation and adjudication of cases against M/s. Western India Machinery Company and M/s. Vineet Electrical Industries (Private) Limited.
Mineral oil products - Removal from one warehouse to another under Chapter VII - Amendment to Notification No. 266/67-C.E.
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Warehouse-to-warehouse removal: amendment adds Nedumbassery Village to the excise notification permitting intra-warehouse transfers.
The Central Government has amended the cited excise notification by inserting a new item in paragraph 2, clause (1), adding Nedumbassery Village (Kerala) as an expressly listed locality so that removals from one excise warehouse to another under the warehousing provisions (Chapter VII) are applicable to that village. The change is confined to adding this geographic entry after the existing item (zzze) and does not alter other conditions of the notification.
Central Excise Rules - Fifth Amendment of 1998
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Jurisdictional allocation for central excise commissioners updated, reallocating talukas and districts among Gujarat units and clarifying substitutions.
The amendment revises territorial jurisdictional entries for Central Excise Commissioners in Gujarat by omitting certain locality phrases, substituting and adding district and taluka names, and replacing an item to assign specific districts and a taluka to the Commissioner of Central Excise, Ahmedabad-II, thereby reallocating administrative coverage among commissionerates.
Central Excise Rules - Amendment to Fourth Amendment of 1998
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Interest and penalty for delayed excise duty payments: outstanding liabilities attract interest and additional penalties for nonpayment.
Amendments create an interest and penalty regime: outstanding duty for the specified period attracts interest from the first day of April until payment, and if unpaid by the 30th day of April an additional penalty equal to the outstanding duty or a fixed minimum amount is imposed; similarly, unpaid monthly duties attract interest from the day after the due date and a penalty equal to the outstanding monthly duty or a fixed minimum amount.
EOU, FTZ, EHTP or STP Units goods sold in India - Amendment to Notification No. 2/95-C.E.
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Exemption conditions for home consumed goods from special units require identity, unit limit compliance and export or disposal.
Exemption for goods cleared to home consumption from EOU, FTZ, EHTP or STP units is conditional on Assistant Commissioner satisfaction that cleared goods are identical to exported or intended exports, that home consumption values do not exceed unit specific entitlement percentages in the annexed Table relative to total production of identical goods, and that the remaining production is exported or disposed of under the Export Import Policy; parallel proportional limits and export/disposal requirements apply to software and to rejects/scrap/remnants.
Goods supplied to a person holding duty free import licence - Exemption - Notification No. 82/92-C.E. amended
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Back-to-back inland letter of credit accepted for duty-free clearance; officer must debit quantity and value prior to release.
The notification amends the exemption to allow clearance against either an advance release order or a back to back inland letter of credit. The licence holder must produce the original advance release order or original back to back inland letter of credit specifying supplier, quantity, description and value. The proper officer of Central Excise must debit the quantity and value of each item in the presented document before allowing clearance.
Central Excise Rules, 1944 - Fourth Amendment to Rules effective from 1-5-1998
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Commencement of Central Excise Rules amendment: amended notification to come into force on May first under section 37.
The amendment substitutes sub clause (2) of clause 1 of Notification No. 7/98 Central Excise (N.T.) to fix the date on which the amended provisions shall come into force, promulgated under the authority of section 37 of the Central Excise Act, 1944.
Mineral oil products - Removal from one warehouse to another under Chapter VII - Amendment to Notification No. 266/67-C.E.
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Removal of mineral oil between warehouses amended to add new specified locations and expand listed transfer points.
Amendment to Notification No. 266/67-C.E. adds Nandesari (Gujarat) and Manmad (Maharashtra) to paragraph 2, clause (1) and substitutes in paragraph 3, clause (a) the words "Gummalladoddi and Kattubadipalem" with "Gummalladoddi, Kattubadipalem, Koyali and Mumbai", expanding specified locations for removal of mineral oil products between warehouses under Chapter VII.
Central Excise Rules, 1944 - Fourth Amendment of 1998
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Failure to pay excise duty triggers interest and penalties, plus confiscation and enhanced penalties for unauthorized removals.
The Fourth Amendment prescribes that failure to pay total excise duty by 31 March renders the manufacturer liable to pay the outstanding duty with interest at eighteen per cent per annum from 1 April until payment, and a penalty equal to the outstanding amount or five thousand rupees, whichever is greater. Monthly defaults attract similar interest from the day after the due date and the same penalty. Unauthorized removal of specified non alloy steel ingots, billets or hot rolled products attracts confiscation and a penalty up to three times the value of the goods or five thousand rupees, whichever is greater.
Iron and steel - Goods notified for purposes of credit of duty under Modvat - Amendment to Notification No. 58/97-C.E.
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Payment instruments for Modvat credit expanded to include bank drafts and bankers' cheques, widening permitted payment modes.
The Explanation to Notification No. 58/97-Central Excise is amended to substitute the phrase "by cheque drawn on his own bank account" with "by cheque drawn on his own bank account or by bank draft or by bankers' cheque," thereby widening permitted payment instruments for claiming Modvat credit for the goods notified.

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