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Amends Notification No. 25/2005-Central Excise (NT), dated the 13th May, 2005 (CBEC notifies Chief Commissioners & Commissioners' Committees for review cases)
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Jurisdictional realignment of central excise commissioners alters which commissionerates handle specified review matters.
Substitutes Sl. No. 42 of the Table in Notification No. 25/2005-Central Excise (N.T.) to reallocate review jurisdiction: (1) Commissioner of Central Excise, Mysore and Commissioner of Central Excise, Belgaum; (2) Commissioner of Central Excise, Mysore and Commissioner of Central Excise, Mangalore; (3) Commissioner of Central Excise, Mysore, Commissioner of Central Excise, Mangalore and Commissioner of Central Excise (Appeals), Mangalore, effected by Gazette notification under powers conferred by the Central Excise statutory scheme.
Full Duty Exemption for Bihar Flood Relief Material
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Excise duty exemption for flood relief: donated goods exempt from excise subject to manufacturer certification and delivery conditions.
Goods in the Central Excise Tariff Schedule donated or purchased from cash donations for Bihar flood relief are exempt from excise duty subject to: manufacturer certification on clearance documents that goods are donated without charge; direct dispatch from factory or warehouse to the Central or State government or approved relief agencies; and production within six months (or extended period allowed) of a District Magistrate's certificate to the jurisdictional Deputy/Assistant Commissioner confirming donation and use for relief and rehabilitation.
Amends notification no. 8/2003 to extend the benefit of exemption to branded packing material
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Exemption for branded packing materials now subject to an overall cap for the remainder of the financial year.
Amends Notification No. 8/2003 to include specified branded packing materials - printed cartons of paper or paper board, metal containers, HDPE woven sacks, adhesive tapes, stickers, PP caps, crown corks and metal labels - within the small scale exemption, and adds paragraph 4B restricting the exemption for those goods to an overall cap for the remaining part of the financial year 2008-09.
Amends notification No. 14/2002-Central Excise(N.T.) dated the 8th March, 2002 (CBEC specifies the jurisdiction)
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Jurisdiction amendment: inclusion of Mann village expands exception and exclusion in Central Excise notification text.
The notification amends Table II of the Central Excise notification by substituting the text at Sl. No. 69 to include the village Mann among the listed villages of Mulshi taluk, and by substituting the parenthetical exclusion at Sl. No. 71 to add Mann to the villages excluded from that entry, effectuating these changes by textual substitution under rule-making authority.
Production Based duty on Pan Masala – Exemption on their exportation out of India
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Rebate on pan masala exports: duty-paid exports eligible subject to procedural conditions and formula-based per pouch limits.
Rebate is granted on excise duty paid for exported pan masala and gutkha, subject to payment of duty under the Excise Act, non-claim of material rebates, direct export from factory or warehouse within six months (or extended period), lodging claims with the jurisdictional Assistant/Deputy Commissioner with proof of export, market price not below rebate claimed, minimum admissible rebate threshold, compliance with prior notification procedures, and indicating number of pouches on export documents. Rebate per pouch is computed by a monthly average duty-per-pouch formula and capped by a maximum per-pouch amount derived from duty-per-machine and deemed pouches per machine.
Amendment in Notification No. 6/2006-Central Excise, dated the 1st March, 2006 (Effective Rate of Duty on goods of Chapter 83 to Chapter 93)
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Exemption for power project equipment permits central excise duty nil where procurement is tariff-based bidding and conditions met.
The notification adds a tariff entry granting nil Central Excise duty for goods required to set up an ultra mega super critical coal thermal power project with power procurement tied through tariff based competitive bidding, subject to Condition No. 26 which requires (a) corresponding customs duty exemptions on import, (b) certification by a Chief Engineer of the Central Electricity Authority specifying quantity and description, and (c) an undertaking by the project CEO that goods will be used only for the project and that duties will be paid on any non compliance.
Amends Notification No. 4/2006-Central Excise, dated the 1st March, 2006 (Effective Rate of Duty on goods of Chapter 26 to Chapter 48)
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Excise exemption for enriched boron compounds conditioned on production at specified heavy water and atomic facilities.
Inserts a new tariff entry exempting enriched KBF4 (enriched potassium fluoroborate) and enriched elemental boron by prescribing a Nil effective rate of duty for those goods, conditional on their production or processing at specified heavy water plants, atomic research centres, and the public-sector entity supplying the Prototype Fast Breeder Reactor at Kalpakkam.
Rescinds the notification No.38/2007-Central Excise, dated the 19th December, 2007 (Optional compounded levy scheme on pan masala)
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Rescission of notification ends optional compounded levy scheme for pan masala under Central Excise rules.
The Central Government, under Rule 15 of the Central Excise Rules, 2002, rescinds Notification No.38/2007-Central Excise with immediate effect, thereby terminating the optional compounded levy scheme applicable to pan masala and similar tobacco substitutes.
Amends Notification No. 42/2008-Central Excise, dated the 1st July, 2008 (Specified rate of duty payable on the basis of capacity of production on Pan Masala and Gutkha)
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Deemed Individual Packing Machine rule treats each non processing track as separate for capacity based excise duty calculation.
Proviso to Explanation 2 of Notification No. 42/2008-Central Excise provides that each track or line of a multiple track or multiple line packing machine which cannot perform specified additional processes shall be deemed an individual packing machine for calculation of duty liability under the capacity-based tariff rule applicable to pan masala and gutkha.
Makes Pan Masala Packing Machines (Capacity Determination And Collection of Duty) (Amendment) Rules, 2008
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Capacity determination for pan masala packing machines clarified: multi-track lines may be deemed single machines and reporting requirements specified.
The amendments add a deeming provision that a single track or line of a multi-track/multiple-line packing machine incapable of additional moulding processes shall be treated as one individual packing machine for pouch-per-machine calculations, and require separate reporting of machines that perform moulding, those incapable of moulding, installed machines, and those intended to be operated; Form-1 is revised to collect these distinct figures.
Specified rate of duty payable on the basis of capacity of production on Pan Masala and Gutkha
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Specified duty on pan masala and gutkha tied to packing machine capacity and retail sale price, adjusting excise liability accordingly.
Specified excise duty on pan masala and gutkha is levied per packing machine per month based on the machine's maximum packing speed and the pouch retail sale price, with rates set in a tiered Table 1 (three speed bands and RSP bands, with escalators above the top band). The total levy comprises central excise, additional excise, National Calamity Contingent Duty and cess components, apportioned according to ratios in Table 2. Definitions for "packing machine" and "retail sale price," deeming rules for multi track machines, and reference to capacity determination rules are provided.
Excise duty provisions for Pan Masala and Gutkha notified -Pan Masala Packing Machines (Capacity Determination And Collection of Duty) Rules, 2008
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Capacity-based excise duty: packing machine count determines monthly duty and reporting obligations for pan masala and gutkha manufacturers.
Excise duty for pan masala and gutkha is determined by the number of packing machines in a factory, with a table linking retail sale price bands to a deemed monthly output per operating packing machine; manufacturers must declare machine counts, installation and intended operation, product details and retail sale prices in Form 1 for approval and capacity determination, and pay monthly duty based on operating machines with required filings, supervised sealing or uninstallation for non-operating machines, pro rata adjustments on changes, prohibition of CENVAT credit, packaging price declaration requirements, and enforcement measures including confiscation and penalties for contraventions.
Excise duty provisions for Pan Masala and Gutkha notified - Section 3A of Central Excise Act, 1944
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Excise notification: pan masala containing tobacco designated as notified goods, excise duty applies when packed using packing machines.
Notification designates pan masala containing tobacco (gutkha) packed in pouches using packing machines as notified goods and provides that excise duty shall be levied and collected on such goods; it defines "packing machine" to include all types of Form, Fill and Seal and profile pouch making machines, whether vertical or horizontal, single-track or multi-track.
Amends Notification No. 63/95-Central Excise, dated the 16th March, 1995 (Exemption to goods manufactured by specified Units / Institutions for use by Government Department or Defense purposes)
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Exemption notification amendment substitutes the unit name to Delhi Institute of Tool Engineering, updating eligibility designation for exemption.
The Government amends Notification No. 63/95-Central Excise by substituting in the Table against S. No. 8, column (3), the brackets, figures and words "(vi) Tool Room and Training Centre, Delhi" with "(vi) Delhi Institute of Tool Engineering", under powers vested by the Central Excise Act and the Additional Duties of Excise (Goods of Special Importance) Act.
Addition in concessional rate of Central Excise duty on specified goods of Chapter 87
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Concessional central excise rate increased for specified motor vehicles; additional per-unit levy for mid-capacity engines.
Amendment inserts a new tariff entry for specified Chapter 87 motor vehicles, prescribing a concessional excise rate for vehicles of engine capacity not exceeding 1500 cc and a concessional rate plus an additional per unit levy for vehicles with engine capacity exceeding 1500 cc but not exceeding 1999 cc; the change is effected by inserting a new serial entry into the principal concessional Central Excise notification.
Government hikes excise duty in CHAPTER 87 - Vehicles other than railway or tramway rolling-stock, and parts and accessories thereof
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Excise duty increase on specified motor vehicles raises tariff rates and adds a fixed per unit levy.
Notification amends the First Schedule to the Central Excise Tariff Act by substituting the column (4) entries for specified tariff items in Section XVII, Chapter 87 so that each listed motor vehicle tariff item is now subject to an increased excise charge comprising a percentage levy together with an additional fixed per unit levy, thereby raising the CENVAT incidence on those goods.
Amends notification no. 20/2007 CE dated 25-4-2007 - Exempts units located in the States of Assam or Tripura or Meghalaya or Mizoram or Manipur or Nagaland or Arunachal Pradesh or Sikkim
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Special rate for value addition: manufacturers may apply for refunds when actual value addition exceeds the table rate.
Amendment revises paragraph 2A to condition concessional rates on manufacture from specified inputs in the same factory and substitutes a revised chapter-wise Table linking goods, concessional rates and inputs. It preserves an option for manufacturers to apply for fixation of a special rate based on actual value addition, requiring a written application, auditor certification of value addition from audited accounts, and limited late filing; certain goods are excluded from this option. A new reconciliation provision refunds any differential where total refunds are less than duty paid (excluding CENVAT), subject to overall limits, with an administrative deadline for payment of the differential.
Amends notification no. 71/2003 CE dated 9-9-2003 - Exempts the goods in the State of Sikkim
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Special rate fixation for manufacturers enables value addition-based refunds and retrospective application from the financial year.
The amendment replaces the Table of eligible goods and adds an input-origin condition requiring manufacture from specified inputs in the same factory. It permits manufacturers to apply for a special rate reflecting actual value addition-supported by an auditor's certificate-subject to time limits and exclusions, and provides that fixed special rates apply retrospectively to the financial year (with transitional relief for earlier filings). Producers commencing production after the commencement date receive refunds from start of production with reconciliation, and differential refunds are payable if total refunds are less than duty paid, subject to a ceiling and a prescribed refund date.
Amends notification no. 56/2003 CE dated 25-6-2003 - Exempts unit located in the state of Skkim
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Special rate for excise refunds based on actual value addition allowed subject to certification and specified filing timelines.
The amendment replaces the tariff Table with chapter-wise rates and specified inputs, requires manufacture from those inputs in the same factory for entitlement, and preserves an option to obtain a special rate based on actual value addition subject to a threshold, auditor certification and specified filing timelines; certain product categories are excluded from the special-rate option and rules govern retrospective refund application and payment of any differential between duty paid and refundable amount.
Amends notification no. 57/2002 CE dated 14-11-2002 - Jammu & Kashmir Units - Exemption from Excise Duty of Specified Goods
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Special rate for value addition enables manufacturers to claim excise refunds where value addition exceeds the standard table rate.
The notification requires manufacture to begin from specified inputs in the same factory and replaces the Table of goods, rates and inputs. Manufacturers may apply by 30 September for fixation of a special rate representing actual value addition if value addition sufficiently exceeds the Table rate, supported by a statutory auditor's certificate; new commercial units have an extended initial filing period. The special rate, once fixed, has retrospective effect to 1 April of the application year (or to commercial commencement for new units) and differential refunds are available. A new provision mandates repayment of any shortfall between refunds and duty paid (excluding CENVAT) by the following 15 May.

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