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Notifications
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Amendment in NTF. NO. 36/2001-CE(N.T.), DT. 26/06/2001 - Declaration Form
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Declaration Form amendment updates exemption threshold and prescribes new undertakings and schedule affecting excise compliance obligations.
Amendment substitutes the monetary limit in the Explanation to paragraph (3) and replaces the existing Declaration Form and schedule. The new form requires declaration of truthful information, confirmation that exemption conditions have been met, undertaking to apply for Central Excise registration when exemptions cease, maintenance of records as directed by the Commissioner, and notification of changes. The new schedule requires factory details, related proprietary interests, business status, and particulars of excisable goods with tariff classification, clearance value, and the notification provisions relied upon.
Amendments in the CENVAT Credit Rules, 2004
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CENVAT credit scope expanded and utilisation restricted, with immediate input and capital goods credit for specified manufacturing contexts.
Amendments clarify that a person liable under rule 12AA is a manufacturer for jewellery under heading 7113; add specified additional duties from the Finance Bill into the CENVAT framework; prohibit utilisation of credit of the specified additional customs duty for payment of service tax; restrict cross utilisation of CENVAT credit for payment of a newly introduced additional duty on final products while allowing education cess credits to be used for either goods or services; allow immediate credit on receipt of inputs for jewellery manufactured on job work basis and immediate credit for specified additional customs duty on capital goods upon receipt in the manufacturer's factory; and preserve input credit entitlement for job workers under rule 12AA even when goods are cleared without payment of duty.
Exempts the goods falling under the Chapter 40 & 54 or heading 8415
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Excise exemption for goods under Chapters 40, 54 and heading 8415 set at nil rate, subsequently rescinded.
Exempts goods under Chapter 40, Chapter 54 and heading 8415 from excise duty in excess of the rate specified by exercise of the exemption power under section 5A of the Central Excise Act, setting the corresponding entries at a nil rate.
Exempts all goods, produced and used within the factory of their production
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Captive consumption exemption removes additional excise duty on goods produced and used within their producing factory.
Exempts goods produced and used within the manufacturing factory from the whole of the additional duty of excise when those goods are consumed in producing a final product that attracts additional duty, relying on powers under the Central Excise Act and the Finance Bill's provisional collection declaration.
Amendments in the Central Excise Rules, 2002
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Job work obligations for branded jewellery: principal must register, account and pay excise duty unless job worker opts to assume compliance.
Rule 12AA requires every person (except EOUs/SEZ units) who gets articles of jewellery under heading 7113 manufactured on job work basis to obtain registration, maintain accounts and pay excise duty as if an assessee, while permitting the job worker by agreement to assume registration, accounting, duty payment and invoicing; it prescribes invoice preparation, insertion of date/time of removal by the job worker, duty at rate in force on removal, supply of inputs without reversal of CENVAT under challan, and treats loss, destruction or shortages before clearance as dutiable clearances.
Amends Notification no 13/2002-Central Excise (N.T.) dated 01-03-2002
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Excise notification amendment: substitution alters specified tariff entry under section 4A powers in public interest.
Amends the principal non tariff central excise notification by substituting the entry in the tariff Table at S.No.63, column (4) with a revised percentage, enacted under the powers of sub section (1) and sub section (2) of section 4A of the Central Excise Act on the ground of public interest and noting the amendment history and Gazette publication details.
Rescinds NTF. NO. 09/2003-CE, 11/2003-CE & 42/2003-CE
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Rescission of central excise notifications ends specified small scale exemption notifications with stated effective dates.
The Central Government, invoking its authority under the Central Excise Act, rescinds specified Ministry of Finance (Department of Revenue) notifications relating to small scale exemptions as necessary in the public interest. Notification No. 9/2003-Central Excise is rescinded with effect from 1 April 2005, and Notifications No. 11/2003-Central Excise and No. 42/2003-Central Excise are rescinded with effect from 1 March 2005.
Amendments in the various Notifications
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Exemptions for filament yarns clarified; processing by manufacturers without filament manufacture facilities qualifies for concessional rate.
The notification amends prior Central Excise notifications by raising the monetary threshold from rupees three hundred lakhs to rupees four hundred lakhs effective 1 April 2005, substituting an 8% entry in a Table, and inserting an exemption for all filament yarns procured from outside and processed by manufacturers who lack in-factory facilities for manufacture of filament yarns, with an Explanation defining manufacture of yarns to include polymerization of organic monomers and chemical transformation of natural organic polymers. The notification generally comes into force on 1 March 2005.
Exempts all excisable goods produced or manufactured in a special economic zone
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Exemption for SEZ goods: excisable goods moved to domestic territory exempted from excise duty equivalent to additional customs duty.
Exempts excisable goods produced or manufactured in a special economic zone and brought to any other place in India in accordance with the Foreign Trade Policy 2004-2009 from the duty of excise equivalent to the additional duty of customs leviable under the Customs Tariff Act, with special economic zones defined as those notified under the Customs Act by declaring area specific economic zones.
Amendments in the NTF. NO. 23/2003-CE, DT. 31/03/2003
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Excise duty equivalence: excise levy aligned with additional customs duty following a finance bill amendment and provisional declaration.
Substitution of the first tariff table entry mandates levy of excise duty on all goods equivalent to the additional duty of customs under sub-section (5) of section 3 of the Customs Tariff Act, as amended by the Finance Bill provision given provisional effect, read with the proviso to subsection (1) of section 3 of the Central Excise Act; additionally, the first condition in the Annexure is omitted.
Exempts tea and tea waste from the whole of the additional duty of excise
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Exemption from additional duty of excise removes additional excise liability on tea and tea waste; later rescinded.
Exempts tea and tea waste from the whole of the additional duty of excise leviable under the Finance Act, 2003 by exercise of powers under section 5A of the Central Excise Act; the exemption was effected by statutory notification and was subsequently rescinded by a later notification.
Exemption from Additional Duty of Excise levible under section 85 of the Finance Act, 2005
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Exemption from Additional Duty of Excise limits levy on specified tobacco and pan masala goods under prescribed rate-based rules.
Exemption limits the additional duty of excise under the Finance Act by specifying, for listed Central Excise Tariff entries (mainly tobacco and pan masala products), the rate at which additional duty shall be calculated; the exemption applies only to the extent the duty exceeds those specified rates. The scheme differentiates goods bearing a brand name from unbranded goods, sets product specific definitions (including retail sale price and hand rolled cheroot), and the notification has been amended by subsequent notifications altering entries, rates and classifications.
Amendments in the NTF. NO. 06/2002-CE, DT. 01/03/2002
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Central Excise exemption amendments refine qualifying goods and add branded jewellery exclusion while updating exempted items list.
Amendments modify the exemption regime by omitting the second proviso, postponing a specified effective date, deleting and substituting multiple table entries and broadening one tariff description. The Annexure adds Condition No. 20A excluding jewellery of heading 7113 bearing an indelibly affixed brand or trade name from the exemption, and substitutes List 9 item 13 to include wind operated electricity generators and their components, including rotor and wind turbine controller.
Effective Rate of duty on Certain Specifed Goods
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Effective excise duty rates: specified goods exempted from duty exceeding notified effective rates under Central Excise law.
The notification, under section 5A(1) of the Central Excise Act, exempts excisable goods from so much of the duty as exceeds the amount calculated at the effective rates specified in the Table for items in the First Schedule and, where applicable, from excess Special duty under the Second Schedule, listing tariff entries and corresponding operative rates for categories including petroleum products, subsidised PDS kerosene and LPG, matches, jewellery with brand names, and specified industrial parts.
Makes changes consequent to the introduction of new Tariff
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Tariff reference substitution required: Special orders' chapter and heading citations updated to amended tariff items upon commencement.
Substitutes references in all special orders from obsolete Chapter, heading or sub-heading citations to the corresponding Chapter, heading, sub-heading or tariff item as renumbered by the Central Excise Tariff (Amendment) Act, 2004, effective from that Act's commencement; the changes are technical adjustments to classification numbering and do not alter substantive provisions of the special orders.
Makes changes consequent to the introduction of new Tariff
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Tariff classification update substitutes revised chapter and heading references in existing notifications, effecting technical renumbering without substantive change.
Substitutes references in notifications so that any citation to a Chapter, heading, sub heading or tariff item in the First or Second Schedule to the Central Excise Tariff Act, 1985 shall be read as the corresponding reference amended by the Central Excise Tariff (Amendment) Act, 2004, with such substitution taking effect from the commencement of that Amendment Act; the change implements technical renumbering and does not alter the substantive effect of existing notifications.
Makes changes consequent to the introduction of new Tariff
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Tariff renumbering aligns Central Excise notification references with amended classification, preserving prior actions and substantive content.
Substitutes references in all existing Central Excise notifications so that any reference to a Chapter, heading or sub heading in the Schedules to the Central Excise Tariff Act is deemed replaced by the corresponding amended Chapter, heading, sub heading or tariff item introduced by the Tariff Amendment Act; the substitution applies prospectively from the commencement of that Amendment Act and preserves prior actions while making only technical classification changes without substantive effect.
Central Excise (Removal of Difficulties) Rules, 2005.
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Tariff reference substitution updates rules and notifications to align classifications with the amended Central Excise tariff.
References in rules made under section 37 of the Central Excise Act and in notifications issued under those rules to Chapters, headings or sub-headings of the First or Second Schedule to the Central Excise Tariff Act are deemed substituted by the corresponding Chapter, heading, sub-heading or tariff item as amended by the Central Excise Tariff (Amendment) Act, 2004, to reflect the revised tariff numbering scheme.
Removal of Difficulty Order
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Commencement of Amendment Act: government appoints operative date for the Act's provisions to come into force.
The central government, exercising the power under sub section (2) of section 1 of the Central Excise Tariff (Amendment) Act, 2004, appoints a specific operative date for the coming into force of that Act's provisions by issuing a Removal of Difficulty Order in the form of a notification to operationalise the amendment.
Amendment in all the notification issued under section 4A consequent to change in Central Excise Tariff
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Tariff reference substitution under section 4A ensures all notifications reflect updated Central Excise Tariff numbering scheme.
Amendment requires substitution of references to Chapter, heading, sub heading or tariff item in all notifications issued under the enabling provision so that references correspond to the First Schedule as amended by the Central Excise Tariff Amendment Act, 2004; the change implements the revised numbering scheme for classification without substantive alteration of existing notifications.

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