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CENVAT Credit (Second Amendment) Rules, 2009
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CENVAT credit entitlement limited to excise-equivalent additional duties and related education cesses for exports and park units.
The amendment to rule 3(7)(a) specifies that CENVAT credit for inputs and capital goods cleared from export-oriented undertakings and units in Electronic Hardware Technology Parks or Software Technology Parks, where excise duty and Education and Secondary and Higher Education Cesses have been paid, shall be the aggregate of the portion of excise duty equivalent to specified additional duties under the Customs Tariff Act and the Education Cess and Secondary and Higher Education Cess paid on that excise duty.
Amends Notification No. 23/2003-Central Excise, dated 31st March, 2003 - EOUs/EHTP/STP Units - Excise Exemption on Goods Cleared to DTA
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Excise exemption thresholds amended for EOUs/EHTP/STP units under section 5A, modifying value limits for DTA clearances.
Substitutes the column (4) entries against serial numbers 8 and 10 in the TABLE of Notification No. 23/2003-Central Excise with revised unit-based value thresholds for goods cleared by EOUs, EHTP and STP units to the DTA, issued under section 5A of the Central Excise Act, 1944 as Notification No. 24/2009-Central Excise.
This notification extends the advance ruling scheme to certain category of residents
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Advance ruling scheme extended to public sector companies, making them eligible for pre assessment determinations under Central Excise.
The Central Government, under sub clause (iii) of clause (c) of section 23A of the Central Excise Act, 1944, specifies any public sector company as a class of persons to which the advance ruling scheme applies; "public sector company" is defined by reference to clause (36A) of section 2 of the Income tax Act, 1961, thereby extending eligibility for advance rulings to that specified class without altering substantive tax liabilities.
Exempt Dough for preparation of Baker's wares of Heading no. 1905 for the period 28th February, 2005 to 27th May, 2008
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Excise exemption for dough used in baker's wares removes past duty payment requirement, subject to reversal of input credits.
The Central Government directs that excise duty otherwise leviable on dough for preparation of baker's wares under the specified tariff sub-heading for the stated past period shall not be required to be paid, provided that units claiming the benefit reverse any input credit taken in respect of inputs used in manufacture of such dough during that period.
Amends Notification No.14/2002-Central Excise (N.T.), dated the 8th March, 2002 - CBEC specifies
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Jurisdictional reclassification of central excise divisions creates renamed Chandigarh and new Jalandhar and Pune-II jurisdictions.
The notification amends Tables I, IA, II and III of the Central Excise notification by substituting Chandigarh entries with "Chandigarh (Chandigarh-I)", reassigning second Chandigarh entries to a new "Jalandhar (Chandigarh-II)", converting Kolhapur entries into "Pune-II (Kolhapur)" with specified district lists, and omitting certain serial numbers. It also updates Commissioner of Central Excise (Appeals) entries to reflect the renamed and newly created jurisdictions, thereby redefining territorial composition for excise commissionerates and related appeal designations.
Amends Notification No.4/2006-Central Excise, dated 1st march 2006 - Effective Rate of Duty on goods of Chapter 26 to Chapter 48
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Amendment to Effective Rate of Duty updates tariff entry for specified goods, altering column five designation.
Substitutes the entry in the tariff Table for S. No. 7, column (5) of Notification No. 4/2006 Central Excise with the notation "2 and 3," thereby modifying the effective rate of duty designation for goods of Chapters 26-48, effected under the Central Government's public interest power conferred by the central excise statute.
Exempts packaged software or canned software, falling under Chapter 85
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Exemption for packaged software: right-to-use transfers for commercial exploitation untaxed when declared and registered.
Exempts packaged or canned software from the portion of excise duty attributable to consideration for transfer of the right to use where the transfer is for commercial exploitation, including rights to reproduce, distribute, sell and to use components in other IT products. The exemption requires the provider to make a declaration to the Assistant or Deputy Commissioner of Central Excise regarding such transfers and to be registered under the applicable service tax registration rules. "Packaged software or canned software" is defined as software developed for a variety of users and intended for sale off the shelf.
Exempts high speed diesel oil blended with alkyl esters of long chain fatty acids obtained from vegetable oils
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Exemption for biodiesel blends: additional excise duty relief where blended diesel contains biodiesel and appropriate taxes paid.
Exempts additional duty of excise on high speed diesel blended with alkyl esters of long chain fatty acids from vegetable oils (biodiesel) where the blend is predominantly high speed diesel and contains biodiesel up to the specified proportion, provided the appropriate duties of excise on the diesel and the applicable central, State, Union territory or integrated taxes on the biodiesel have been paid; explanatory clauses define "appropriate duties of excise" and align applicable taxes with the GST framework.
Amendments in the notification No. 59/2008 - Effective Rate of Duty on certain Items
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Central excise tariff amendment removes several schedule entries and substitutes a classification, changing effective duty coverage.
Amendment procedurally modifies the Central Excise tariff schedule by omitting several listed serial entries from the principal notification and substituting a revised commodity classification for a specific table entry, thereby altering the operative entries used to determine the Effective Rate of Duty under the existing excise notification.
Amendments in the notification No. 2/2008 - Reduces peak rate to excise duty (Cenvat) from 16% to 14% w.e.f. 1-3-2008, 14% to 10% w.e.f. 7-12-2008 and 10% to 8% w.e.f. 24-2-2008 except few items
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Excise duty reduction: peak Cenvat rates lowered and specified tariff headings set to an ad valorem plus per litre duty.
The notification amends a prior central excise notification to implement staged reductions in the peak Cenvat rate while excluding certain items, and substitutes the Table entry for a specified serial number to list particular tariff headings subject to a composite duty consisting of an ad valorem component plus a fixed per litre specific charge, effected by the named amending notification.
Excise Duty on Naphtha
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Excise duty exemption on naphtha limits central excise to a specified ad valorem rate, capping leviable duty accordingly.
The notification exempts goods under specified tariff items and naphtha under heading 2710 from central excise duty to the extent that such duty exceeds the amount calculated at the rate of 14 per cent. ad valorem, thereby capping the leviable excise on those products; it supersedes an earlier notification and is predicated on the declared public-interest satisfaction.
Amendments in the notification No. 49/2008 - MRP based duty of Excise - Prescribes rate of abatement
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MRP-based abatement adjusted by government amending prescribed rates for specified tariff entries under excise valuation rules.
The Central Government amends the MRP-based duty notification by substituting entries in column (4) of the table for specified serial numbers, thereby changing the prescribed rate of abatement for those listed items under the Central Excise (Non-Tariff) framework.
Amendments in the notification No. 10/2006 - Effective Rate of duty on specified goods falling under the First Schedule to the Central Excise Tariff Act, 1985
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Effective Rate of Duty amended for specified excisable goods, substituting prior tariff entries with a uniform revised rate.
Amendment revises the effective rate of duty by substituting the entries in column (4) of the Table in the principal notification for the specified serial numbers, thereby modifying the tariff entries for those listed goods under the First Schedule to the Central Excise Tariff Act through notification-based substitution.
Central Excise (Amendment) Rules, 2009
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Return of records: seized or produced documents not relied for notice must be returned unless retention is ordered.
Insertion of rule 24A requires that books of accounts or other documents seized or produced, which were not relied on for issuing a notice under the Act or rules, be returned within thirty days of the issue of the notice or within thirty days from expiry of the period for issue of the notice; the Commissioner may order retention for reasons recorded in writing and the Central Excise Officer must intimate the assessee or person of such retention.
CENVAT Credit (Amendment) Rules, 2009
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CENVAT credit amendments change write-off reversal and payment obligations, and adjust exempted supply payment rates for manufacturers and service providers.
The amendment excludes specified construction items (cement, angles, channels, CTD, TMT and similar items for factory structures) from the "factory of the manufacturer" classification; substitutes rule 3(5B) to require repayment of CENVAT credit when inputs or capital goods are fully written off, with a right to reclaim credit if those items are subsequently used for taxable manufacture or services; and revises rule 6(3)(i) to require manufacturers to pay five per cent of exempted goods' value and service providers to pay six per cent of exempted services' value.
Amendments in the notification No. 6/2006 - Effective Rate of Duty on certain Items
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Effective Rate of Duty amendments revise tariff entries for motor vehicles and medical devices, and limit application where input credit is taken.
Amendments to Notification No. 6/2006 revise tariff table entries to substitute effective duty rates and descriptions, insert new serial entries including a petrol-driven motor chassis entry attracting 8% plus a fixed charge per chassis, and add a nil-duty entry for a specified medical occlusion device. The Annexure is amended to provide that the notification does not apply where CENVAT Credit on inputs has been taken under the CENVAT Credit Rules, 2004.
Amendments in the notification No. 5/2006 - Effective Rate of Duty on goods of Chapter 54 to Chapter 82
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Effective rate of duty revised for specified goods, altering multiple tariff entries and site-manufactured goods description.
Amendment to Notification No. 5/2006 revises table entries for goods of Chapters 54-82: multiple tariff entries are substituted to 8%, one entry substituted to Nil, and one descriptive entry replaced to specify "Goods manufactured at the site of construction for use in construction work at such site," with substitutions recorded against specified serial numbers in the principal notification.
Amendments in the notification No. 4/2006 - Effective Rate of Duty on goods of Chapter 26 to Chapter 48
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Effective rate of excise duty on petroleum products amended; bio diesel blends exempted subject to duty compliance.
The notification amends the central excise effective rate table by substituting tariff entries to grant nil duty for naphtha used in fertilizer and ammonia manufacture (when fertilizer is cleared from the factory), replacing entries for motor spirit and High Speed Diesel with specified per litre excise rates for branded and non branded categories, inserting an exemption for diesel blended with bio diesel up to a capped proportion subject to payment of appropriate duties on components, and altering the duty column for multiple listed tariff entries to a revised uniform rate.
Amendments in the notification No. 3/2006 - Effective Rate of Duty on goods of Chapter 1 to Chapter 25
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Duty exemption for coffee and tea pre-mixes introduced, and a prior tariff entry omitted, altering excise rates.
Amendment to the Central Excise tariff inserts a new entry for coffee or tea pre-mixes under Chapter 21 with an effective duty rate of Nil, effected by Notification No. 13/2009 amending Notification No. 3/2006. The amendment also omits S. No. 26A and its related entries from the Table, thereby changing the tariff schedule for goods of Chapters 1 to 25.
Amendments in the notification No. 30/2004 - Exemption to specified goods of chapters 50 to 63
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Exemption for synthetic filament tow allows processed imports for spinning when manufacturer lacks in plant filament production facilities.
A new table entry exempts synthetic or artificial filament tow procured from outside and subjected to the "tow-to-top" process when used for spinning by a manufacturer who does not have the facilities in his factory (including plant and equipment) to produce filament yarns.

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