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Central Government Declares (Amount of Credit of Duty)
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Cenvat credit declaration prescribes calculation method and applicable rates for inputs and finished goods in stock.
Declaration under sub-rule (3) of rule 9A of the CENVAT Credit Rules, 2002 fixes CENVAT credit amounts for inputs in stock or in process and for inputs in finished goods in stock by prescribing per unit credit for specified yarn, and by applying deemed or declared value multiplied by the rate of duty or specified percentages of that rate for other yarns, fabrics and articles; it defines deemed value by a formula and specifies the meaning of rate of duty and composite mill.
Amendments in the CENVAT Credit Rules, 2002
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CENVAT credit option allows first and second stage dealers of specified goods to pay equivalent excise duty on removal.
A new sub-rule allows first and second stage dealers exclusively dealing in specified tariff chapters to elect to remove goods on payment of an amount equal to the excise duty leviable; the option is irrevocable for the financial year, dealers may use existing CENVAT credits to pay that amount, and such payments qualify as CENVAT credit. The amendment also broadens rule 9A wording from "yarn and unprocessed fabrics" to "yarn or fabrics" and substitutes a later compliance date for a transitional provision.
Amendments in the Central Excise Rules, 2002
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Independent weaver authorization permits an agent to maintain records and pay excise duty while primary liability remains with the weaver.
Rule 12C allows an independent weaver of specified unprocessed fabrics to authorize another person to maintain accounts, pay duty, prepare invoices and comply with the Rules except rule 9, while retaining primary responsibility; both the weaver and the authorized agent are liable for consequences and penalties for short payment or non payment. Independent weaver is defined as one who works on his own, buys yarn himself and sells the grey fabrics he manufactures.
Notification No. 44/2001-CE(N.T.), Dt. 26/06/2001 (Intermediate goods - from the place of manufacture or warehouse)
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Intermediate goods origin expanded to include warehouses, altering dispatch provenance for excise movements under notification amendment.
Amendment substitutes the words 'from the place of manufacture' with 'from the place of manufacture or warehouse' in the opening paragraph of the earlier excise notification, thereby treating dispatches from warehouses as equivalent to dispatches from places of manufacture under the referenced notification.
Notification No. 14/2002-CE(N.T.), Dt. 08/03/2002 (CCE Jurisdiction - Coimbatore & Salem)
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Excise jurisdiction changes redefine commissioner territories, reallocating specified villages and districts between Coimbatore and Salem.
Amendment substitutes Table II entries for Commissioner of Central Excise jurisdictions, redefining Coimbatore to cover the district of Coimbatore with specified village exclusions and inclusion of a defined tea-factory area in an adjoining state, and redefining Salem to cover Salem, Namakkal, Erode and Nilgiris districts, named villages of Coimbatore district and specified talluks of Dharmapuri district.
DFRC - Central Excise Tariff Act, 1985 (5 of 1986)
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Excise exemption for goods from special economic zones where clearance is supported by advance release orders or back-to-back letters of credit.
Exemption from central excise duty applies to excisable goods produced in a special economic zone when cleared to holders of an advance release order issued against an advance licence or DFRC, or where clearance is supported by a back-to-back inland letter of credit, with clause (a) exempting the whole excise duty and clause (b) exempting that portion equal to customs and special additional customs duty; clearance requires production of the original advance release order or back-to-back letter of credit specifying quantity, description and value, and debiting of those entries by the proper officer before clearance.
Growth Centres/Industrial Parks - Exemption for Excise etc. Duty
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Excise exemption scope narrowed for growth centres, excluding goods under Chapter 24 and specified refinery outputs from relief.
The amendment narrows the excise exemption for goods cleared from units in Growth Centres and similar zones by excluding (i) goods under Chapter 24 of the First Schedule when manufactured by any unit, and (ii) goods manufactured by specified refinery entities (Numaligarh Refineries Limited; Bonagaigaon Refinery and Petrochemicals Limited; Indian Oil Corporation, Guwahati; Assam Oil Division, Digboi) from the exemption established under the earlier notification.
Notification No. 46/2001-CE(N.T.), Dt. 26/06/2001 (Removal of Goods to a Warehouse for Export)
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Removal of goods to warehouse for export: amendment applies rule 18 to Nepal and rule 19 to other countries.
Amendment to Notification No. 46/2001-C.E.(N.T.) revises the opening paragraph by substituting "Rules, 2001" with "Rules, 2001 (hereinafter referred to as the said rules)" and replacing the reference "rule 19 of the said Rules" with "rule 18 of the said rules to Nepal and rule 19 of the said rules to all countries", thereby specifying rule 18's application to Nepal and rule 19's application to other countries.
Amendment in the Notification No.07/2003-CE, Dt. 01/03/2003 (Effective rates of duty on textile articles - 5805.11 and 5805.19 & Chap. 59)
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Tariff amendment: nil excise for factory-use printing frames and a specified effective duty for certain textile headings.
The amendment inserts two tariff entries: a nil excise duty exemption for printing frames under chapter 59 when intended for use within the factory of production, and an entry treating all goods under headings 5805.11 and 5805.19 as subject to an effective duty rate of ten percent with no additional duty leviable, implemented by executive notification in the public interest.
SSI Exemption from Excise Duty – Conditions and Other Provisions Changed
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SSI exemption conditions revised - specified clearances excluded from computation of first clearances and aggregate home consumption value.
Amendments limit which clearances count toward the SSI excise exemption by excluding: goods wholly exempt from excise under other notifications or exempt for other reasons; clearances bearing another person's brand or trade name that are ineligible; specified goods cleared for use as inputs within the same factory; strips of plastics used within the factory for weaving or manufacture of polymer sacks or bags; and, for aggregate home consumption value, duty free clearances to FTZs, SEZs, 100% EOUs, EHTPs/STPs and supplies to the UN or international organizations exempt under the earlier notification. Terry towels (Chapter 63) are added to the Annexure.
Amendment in the Notification No.06/2002-CE, Dt. 01/03/2002 (Machinery & Rolling Stock for Delhi Metro Rail Exempted from Excise Duty)
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Excise duty exemption for metro procurement: machinery and rolling stock exempt upon DMRC certificate confirming use and ownership.
Amendment inserts S.No.260A granting Nil excise duty on all equipment, including machinery and rolling stock, procured by or on behalf of the Delhi Metro Rail Corporation Ltd. for use in the Delhi MRTS Project. It adds Condition 61 requiring that, prior to clearance, the manufacturer produce to the Deputy/Assistant Commissioner of Central Excise a certificate from the Chairman or Managing Director of the Corporation confirming procurement for project use and that the goods form part of the Corporation's inventory and will be finally owned by it.
NOTIFICATION No. 35/2001-CE(N.T.), Dt. 26/06/2001 (Central Excise Single Regn. For Manuf. of Textiles, etc.)
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Single registration for textile manufacturers allows consolidated registration of multiple premises under one commissioner's jurisdiction upon declaration.
The notification proviso permits single registration for persons manufacturing or trading in textiles and related goods who have more than one premises requiring registration, provided all such premises fall within one Commissioner of Central Excise's jurisdiction and the applicant declares details of all premises in the form specified in Annexure 1 when applying.
Aamend the CENVAT Credit Rules, 2002
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CENVAT credit eligibility expanded for textile and made up articles; endorsed documentary transfers preserve input credit rights.
Amendments broaden covered textile goods to include made up textile articles and replace rule 7(1)(e) to allow CENVAT credit where specified documents issued in the name of persons engaged in purchase, sale or manufacture of such textiles-including activities exempt, nil-rated, or not amounting to manufacture-are endorsed in full for the entire consignment to another manufacturer, producer or dealer; recipients shall not be denied credit solely because the goods' description changed. Rule 9A allows credit calculation by rates or in such manner, treats inputs in garments or fabrics in stock for credit, and requires the prescribed declaration by the stated deadline.
Amend the Central Excise Rules, 2002
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Central Excise amendment clarifies one month payment deadline and expands textile tariff coverage to include made up textile articles.
The notification amends the Central Excise Rules, 2002 by substituting the proviso to rule 8 to state that goods removed "without payment of duty" where duty and interest remain unpaid more than one month from the due date will attract the prescribed consequences and penalties, and by expanding rule 12B's tariff descriptions to include readymade garments and expressly add made up textile articles within the enumerated tariff coverage.
Amendment in the Notification No.39/2002-CE, Dt. 13/08/2002 (SEZ Units – Exemption Powers to be Exercised by Commissioner)
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Exemption powers now exercisable by Commissioner for SEZ units following amendment to central excise notification.
The notification amends Notification No.39/2002-Central Excise by substituting the words "Chief Commissioner" with "Commissioner" in condition (ii), thereby transferring the administrative designation empowered to grant exemptions under the SEZ-related central excise notification; enacted under the Central Excise Act and Additional Duties of Excise Act and effective from the stated commencement date.
SEZ Units – Castor Oil Cake Exempt from Excise (23.01)
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Excise exemption for castor oil cake: SEZ units converted from FTZ may move product inland under export import policy.
Exemption from excise duty is granted for castor oil cake under heading 23.01 when manufactured from indigenous castor seeds on indigenous plant and machinery by a unit in an SEZ that was a free trade zone before conversion effective 1 November 2000; the exemption applies when the product is brought to other places in India in accordance with the Export and Import Policy and relieves such manufacture and movement from the whole of excise duty under the Central Excise Act, effective 1 April 2003.
SEZ Units – DTA Sale Exempt from Excise
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SEZ DTA sale excise exemption removes excise equal to special additional customs duty, subject to state sales tax exception.
Goods produced or manufactured by a Special Economic Zone unit and allowed to be sold domestically were exempted from excise duty to the extent equivalent to the special additional duty of customs, except where the State Government exempted such goods from sales tax; the exemption relied on section 5A of the Central Excise Act and used the Act's definition of "special economic zone."
Free Trade Zones and EOUs – Central Excise Specified Notifs Rescinded
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Rescission of central excise notifications removes specified Free Trade Zone and EOU exemptions effective from the operative date.
Specified central excise notifications granting concessions or exemptions for Free Trade Zones and Export Oriented Units are rescinded under the powers of section 5A of the Central Excise Act, 1944 and related Additional Duties of Excise enactments, effective from 1 April 2003, by withdrawing six named Gazette notifications.
EOUs – Exemption from Excise Duty for goods produced
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Exemption from Excise Duty for goods produced in export oriented undertakings, subject to exclusion on domestic removal.
Exemption from excise duty is granted for all excisable goods produced or manufactured in an export oriented undertaking, exempting such goods from duty leviable under section 3 of the Central Excise Act, 1944, except where those goods are brought to any other place in India; the notification rescinds earlier specified notifications and commences on the stated effective date.
EOUs/EHTP/STP Units – Excise Exemption on Goods Cleared to DTA
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Excise exemption for EOUs/EHTP/STP goods cleared to DTA, subject to Foreign Trade Policy compliance and specified duty computations.
Exemption of excise duty is granted for goods manufactured in EOUs, EHTP and STP units when cleared to the Domestic Tariff Area, subject to Foreign Trade Policy compliance and Annexure conditions. The Table prescribes category-specific duty calculations-equivalence to certain additional duties, payment only in excess of customs or excise amounts determined by prescribed reductions or fractions, and special treatment for goods wholly from indigenous raw materials. Advance Licence/DFIA clearances require procedural endorsements and debits. Definitions, cross-references to the Foreign Trade Policy and Handbook of Procedures, and effective and rescission provisions are included.

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