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Notifications
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Exempts various products
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Excise duty exemption: prescribed effective rates cap duty on listed goods, exempting any excess from Central Excise.
Notification No. 03/2005-CE (24-02-2005) limits Central Excise duty on specified goods by prescribing an effective rate of duty; any duty in excess of that rate is exempt. The notification lists tariff-classified items granted nil or reduced effective rates-including selected foodstuffs, medicaments, chemical contraceptives, raw materials and utilities consumed within factories, nuclear fuel, certain papers for educational and Braille use, and specified components or waste used in manufacture-and applies packaging or use conditions such as "not put up in unit containers" or "used within factory of production."
8 Digit classifications effective from 28/2/2005
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Tariff classification renumbering requires existing notifications to adopt updated tariff-item references, preserving their substantive effect.
The Government directs substitution of references in all in force notifications so that Chapter, heading, sub heading and tariff item citations are replaced by their corresponding references as amended by the Central Excise Tariff (Amendment) Act, 2004; the change is technical and non substantive and takes effect on the notified commencement date.
8 Digit classifications effective from 28/2/2005
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Tariff classification update: existing excise notifications' references substituted to correspond with amended tariff headings.
The notification substitutes, in all notifications then in force under the cited excise statutes, references to Chapters, headings, sub headings or sub heading numbers of the First or Second Schedule with the corresponding Chapter, heading, sub heading or tariff item as amended by the Central Excise Tariff (Amendment) Act, 2004; the substitution is technical and non substantive to reflect the revised eight digit numbering scheme and comes into force on the stated commencement date.
Amendment in Notification No. 2/2005 - MRP on Medicaments
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MRP adjustment on medicaments: amends prior notification to standardise specified entries under section 4A of excise.
Exercising powers under section 4A of the Central Excise Act, 1944, Notification No. 4/2005 amends Notification No. 2/2005-Central Excise (N.T.) by substituting the entries in column (4) of the Table for S.No.1 and S.No.2 with a uniform new entry, thereby revising the MRP treatment for the specified medicaments as published in the Gazette on 7 January 2005.
CENVAT Credit (First Amendment) Rules, 2005.
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CENVAT credit eligibility extended to include customs-duty exempt imports supplied under international competitive bidding, altering rule provisions accordingly.
The amendment to the CENVAT Credit Rules, 2004 revises rule 6(6) by substituting wording in item (vi) and inserting item (vii) to provide that all goods exempt from customs duties under the First Schedule to the Customs Tariff Act and the additional import duty, when imported into India and supplied against international competitive bidding in terms of notification No. 6/2002-Central Excise, are covered for the purposes of CENVAT credit.
MRP based duty on Medicaments
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MRP based duty on medicaments: abatement of retail sale price allowed for specified medicaments under section 4A.
The notification makes medicaments under Chapter/Heading Nos. 3003 or 3004 subject to the provision allowing duty computation by reference to retail sale price and permits an abatement (specified in the Table) of retail sale price for two categories: patent or proprietary medicaments and other medicaments, both excluding those exclusively used in Ayurvedic, Unani, Siddha, Homoeopathic or Bio chemic systems. "Retail sale price" is defined by reference to the Drugs (Prices Control) Order and "patent or proprietary medicaments" is defined by reference to pharmacopoeial nomenclature and branding.
Amendments in CE Notif. No. 14/2002-CE (NT), DT. 08/03/2002
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Jurisdictional reallocation in central excise notification alters appellate and chief commissioner territorial divisions and inserts new appellate jurisdiction.
The notification substitutes the Chief Commissioner of Central Excise entry for Hyderabad to list Hyderabad I, Hyderabad II and Hyderabad III, and inserts a new Commissioner of Central Excise (Appeals), Hyderabad III, assigning Hyderabad I, Hyderabad II, Hyderabad III and Hyderabad IV to that appellate commissioner.
50% excise duty exemption to paper & paper board of Nagaon Paper Mill of Hindustan Paper Corporation
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Excise duty exemption: partial relief for paper and paperboard from specified Hindustan Paper Corporation mills during 2005.
Notification grants a partial excise duty exemption for paper and paperboard manufactured by Nagaon Paper Mill and Cachar Paper Mill of Hindustan Paper Corporation by excluding from levy that portion of duty in excess of an amount calculated at fifty per cent of the duty otherwise leviable, subject to other notifications issued under the empowering provision; the exemption is limited to 1 January 2005 through 31 December 2005.
Vegetable fats and oils now subjected to specific excise duty rate of Rs 1.25 per kg
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Specific excise duty on vegetable fats and oils imposed, altering tariff entries and creating a per kilogram levy effective next year.
The notification substitutes the tariff entry for S.No.245 to impose a specific excise duty of Rs 1.25 per kilogram on vegetable fats and oils, expressly covering all such goods and bakery shortening or hydrogenated vegetable fats and oils (Vanaspati), and takes effect on 1 January 2005 under the power conferred by section 5A(1) of the Central Excise Act, 1944.
Rule 9A of the CENVAT Credit Rules, 2004 - FORM ER-6
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CENVAT credit form specification: Form ER-6 prescribed under rule 9A sub-rule (3) to standardize compliance.
The notification prescribes Form ER-6 for the purposes of sub-rule (3) of rule 9A of the CENVAT Credit Rules, 2004, establishing the official form required to standardize documentary compliance under that provision.
Rule 9A of the CENVAT Credit Rules, 2004 - FORM ER-5
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Form specification under Rule 9A: Form ER-5 prescribed for CENVAT Credit Rules compliance by notification.
The Central Board of Excise and Customs, exercising the power conferred by the relevant sub rule of the CENVAT Credit Rules, 2004, prescribes Form ER-5 as the standardized form to be used for purposes of administering CENVAT credit, thereby establishing an administrative compliance requirement under the central excise non tariff framework.
Class of manufacturers, of final products who manufacture excisable goods
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CENVAT Credit rule 9A exemption for specified classes of manufacturers, based on tariff classification and duty threshold.
Notification exempts classes of manufacturers from the operation of rule 9A of the CENVAT Credit Rules, 2004: (i) those manufacturing goods listed in the annexed Table (specified tariff Chapters and Headings) who paid excise duties below a prescribed threshold in the preceding year; and (ii) manufacturers of excisable goods under the First Schedule not listed in the Table. The Table defines the tariff-based category, and a subsequent amendment omits the phrase "through account current."
Amendments in the CENVAT Credit Rules, 2004
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Principal inputs declaration required annually with monthly returns to report input receipt and consumption for manufactured excisable goods.
Rule 9A requires manufacturers to file an annual declaration identifying principal inputs and quantities per unit of final product by 30th April (transitional date for 2004-05), to notify any proposed changes before or within fifteen days of change, and to submit monthly returns within ten days after each month reporting receipt and consumption of each principal input; the Central Government may exempt certain manufacturers, and "principal inputs" are those whose cost constitutes not less than ten percent of total raw-material cost per unit.
Amendments in the notification No. 39/2001- CE, dt. 31/07/2001
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Extension of exemption period under central excise notification, deferring applicability and updating the explanatory clause formalized.
The notification substitutes the previously specified terminal date with a later terminal date in two places of Notification No. 39/2001-Central Excise: condition (i) of paragraph 3 and every occurrence in Explanation I, clause (ii), under powers conferred by the Central Excise Act and the Additional Duties of Excise enactments.
Amendments in the notification No. 214/86-CE, dt. 25/03/1986
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Amendment to excise notification expands levy references to include finance act schedules and national calamity contingent duty.
The amendment substitutes the opening paragraph of Notification No.214/86-Central Excise to add sub section (3) of section 136 of the Finance Act, 2001 and to replace references to the Central Excise Tariff Act schedules with the First and Second Schedules, while explicitly including the additional duty under the Special Importance Act and the National Calamity Contingent duty under sub section (1) of section 136 of the Finance Act, 2001.
Amendments in Notification No. 38/2001-CE (NT), DT. 26/06/2001(Rank of Officer of Central Excise)
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Rank equivalence between Directorate General investigators and Central Excise officers clarified, aligning investigative titles with excise ranks.
The Central Board amends the principal notification by substituting the first table entry to prescribe rank equivalence between officers of the Directorate General of Central Excise Intelligence and corresponding Central Excise officer ranks, aligning titles from the Director General level down to Inspector with the matching Chief Commissioner/Commissioner level down to Inspector, pursuant to powers under the Central Excise Act and Central Excise Rules.
ANNUAL FINANCIAL INFORMATION STATEMENT FOR THE FINANCIAL YEAR
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Annual Financial Information Statement prescribed form under Central Excise Rules mandates use of the specified form for excise reporting.
The Central Board of Excise and Customs, under clause (a) of sub rule (2) of rule 12 of the Central Excise Rules, 2002, prescribes Form ER 4 as the specific form to be used for the Annual Financial Information Statement, establishing the required reporting form for compliance with the annual financial information reporting obligation.
Exempts from the operation of clause (a) sub-rule(2) of rule 12 of the said rules the assessee who paid duty of excise less than One Hundred Lakh Rupees from account current during the financial year
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Exemption from account-current reporting where excise duty paid from account current falls below prescribed threshold.
Exempts from the operation of clause (a) sub-rule (2) of rule 12 of the Central Excise Rules, 2002 the assessee who paid duty of excise less than One Hundred Lakh Rupees from account current during the financial year to which the Annual Financial Information Statement relates, thereby relieving such assessees from the account-current reporting obligation for that year.
Amends the Central Excise Rules, 2002
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Annual Financial Information Statement requirement mandates assessees to file yearly returns by the prescribed deadline; exemptions may be notified.
Every assessee must submit an Annual Financial Information Statement for the preceding financial year in the form specified by Board notification to the Superintendent of Central Excise by the 30th day of November of the succeeding year; the Central Government may, by notification and subject to conditions or limitations, exempt specified assessees or classes of assessees from this filing requirement.
Amendment in the NOTIFICATION NO. 43/2001-CE(N.T.), DT. 26/06/2001 (Education cess on excisable goods )
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Education cess on excisable goods designated as a levy under the Finance Act is incorporated into the Central Excise notification.
The Central Government, under rule 19 of the Central Excise Rules, 2002, amends Notification No. 43/2001 CE(N.T.) by substituting Explanation I item (g) to specify that the Education cess on excisable goods is treated as the cess levied and collected under the Finance Act provision enacted in 2004, thereby altering the explanatory entry without affecting other parts of the principal notification.

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