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Amendments in the Notification No. 58/2003-CE(NT), DT. 22/07/2003
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Amendment to central excise notification: effective date postponed under Finance Act powers by substituting the prior specified date.
Amendment to Notification No. 58/2003-CENTRAL EXCISE (N.T.) substitutes the earlier effective date with a later date, postponing implementation; the central government invoked powers under the Finance Act to effect this change through Notification No. 78/2003-CE(N.T.), with the principal notification and its prior amendment identified by Gazette references.
Amendments in the Notification No. 58/2003 & 59/2003-CE, Dt. 22/07/2003
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Effective Date Amendment extends implementation deadline for excise exemption notifications by substituting the prescribed date.
The Central Government, invoking powers under section 5A(1) of the Central Excise Act, 1944 read with section 3(3) of the Additional Duties of Excise Act, 1957, amends paragraph 2 of Notification Nos. 58/2003 and 59/2003 (both dated 22 July 2003) by substituting the previously specified operative date with a later operative date, thereby deferring the commencement set out in those notifications.
Moradabad Special Economic Zone Notified
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Special economic zone designation establishes territorial boundaries and applicability of Central Excise non tariff rules for Moradabad area.
The Central Government specifies Moradabad in Uttar Pradesh as a special economic zone under clause (iii) of Explanation 2 to the proviso to sub section (1) of section 3 of the Central Excise Act, 1944, recording a total area of 421.565 acres and listing the villages Karanpur, Kondari, Bahadurpur Rajput and Lalpur Gangawari with their respective khasra numbers to define the SEZ territory.
Manikanchan Special Economic Zone at Salt Lake as a β€œspecial economic zone
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Special economic zone designation: Manikanchan SEZ specified under Central Excise Act, defining location and boundaries.
The notification designates the Manikanchan site as a special economic zone under clause (iii) of Explanation 2 to the proviso to sub section (1) of section 3 of the Central Excise Act, 1944, and records the project location, plot details, approximate land extent, and boundary references to define the SEZ area.
Boranada Special Economic Zone at Jodhpur, in the State of Rajasthan, as a β€œspecial economic zone
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Special Economic Zone designation: Boranada area in Jodhpur declared SEZ under Central Excise Act, specifying land parcels.
The Central Government, exercising powers under the Central Excise Act, designates Boranada in Jodhpur, Rajasthan, as a Special Economic Zone and specifies its geographic extent by listing the village, total area and the constituent land parcels (khasra numbers).
Section 11C of CE Act – Cotton Waste – Credit of Duty
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Excise duty exemption for cotton waste cleared by export oriented undertakings prevents recovery for the specified practice period.
Under Section 11C of the Central Excise Act the Government records a prevalent practice of non-levy of excise duty on cotton waste (Heading 52.02) cleared by hundred per cent Export Oriented Undertakings and sold in India during the period commencing 23 July 1996 and ending 28 February 1997, and directs that the duty which would have been payable but for that practice shall not be required to be paid in respect of such cotton waste on which duty was not levied during that period.
Quarterly Return under Rule 7 of the CENVAT Credit Rules, 2002 for the Registered Dealers
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Cenvat quarterly return prescribes required invoice and credit-document particulars and signatory obligations for registered dealers.
Notification prescribes the quarterly return form under sub-rule (6) of rule 7 of the CENVAT Credit Rules, 2002, requiring dealer identification, detailed invoice particulars (number/date, goods description, tariff heading, quantity, duty) and particulars of documents by which credit is passed (invoice/bill of entry details, supplier identity, goods description, tariff heading, duty), plus place, date, signature, designation and seal of the registered person or authorised signatory; effective from 1 October 2003.
Supercession of the Notification No. 49/2001-CE(N.T.) (Return of Excisable Good and Receipt of Inputs and Capital Goods - Form E.R. 2 Prescribed)
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Monthly return requirement: Form ER-2 prescribed for excisable goods and receipt of inputs and capital goods.
Prescribes Form E.R.-2 as the mandated monthly return format for manufacturers of excisable goods to report production and receipt of inputs and capital goods under the Central Excise Rules, 2002, made pursuant to sub rule (3) of rule 17, superseding Notification No. 49/2001 CE(N.T.), and effective from 1 October 2003; the record notes later supersession by Notification No. 26/2004 CE(N.T.).
Supercession of the Notification No. 48/2001-CE(N.T.) Cenvat Credit – Forms E.R.1 & E.R.3 Prescribed
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Cenvat credit forms prescribed: mandating ER 1 and ER 3 for monthly returns and credit reporting under Central Excise rules.
The Board prescribes specified forms for reporting production, removal of goods and CENVAT credit particulars: Form ER 1 as the monthly return for production and removal and associated CENVAT credit information and Form ER 3 as the complementary prescribed form; this specification supersedes the earlier notification and establishes the forms as the mandated reporting mechanism under the Central Excise Rules and CENVAT Credit Rules.
Amendments in the CENVAT Credit Rules, 2002
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CENVAT credit entitlement revised: new admissible credit computation and altered return filing timelines for EOUs and park units.
Amendments revise Rule 3 to prescribe a formula for determining admissible CENVAT credit for supplies to 100% export oriented undertakings and units in Electronic Hardware Technology Parks and Software Technology Parks when inputs or capital goods are used in manufacture elsewhere in India; Rule 4 adds "moulds and dies" to specified inputs; Rule 7 alters return filing frequencies and timelines for manufacturers and dealers; Form 1 and Form 2 are omitted.
Amendments in the Central Excise Rules, 2002
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Monthly return filing requirement mandates units to submit returns within ten days for excisable goods and input receipts.
Rule 17(3) is substituted to require units to submit a monthly return, in the form specified by the Board, to the Superintendent of Central Excise reporting excisable goods manufactured and receipt of inputs and capital goods, within ten days from the close of the relevant month.
Fixes the rate of interest at Fifteen percent per annum - Section 11DD
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Interest rate fixation for central excise obligations establishes the applicable annual rate under statutory authority.
Fixes the statutory annual interest rate at Fifteen percent per annum for purposes of section 11DD of the Central Excise Act, 1944, by an official notification in exercise of the Central Government's powers, declaring the applicable interest rate for central excise-related liabilities and calculations under that provision.
Fixes the rate of interest at six percent per annum - 11BB
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Interest rate fixation under section 11BB establishes a uniform annual rate and supersedes an earlier notification with a saving clause.
Prescribes a statutory annual interest rate under section 11BB of the Central Excise Act, 1944 and, exercising powers under that section, fixes a uniform rate of interest while expressly superseding the earlier notification No. 17/2002-Central Excise (NT) dated 13th May, 2002, subject to a saving for things done or omitted before such supersession.
CBEC reduces interest rate on delayed payment of duty to 13 %
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Interest on delayed duty payments set by statute under section 11AB, fixing an annual rate and superseding prior notification.
Fixes the rate of interest on delayed payment of central excise duty at thirteen percent per annum under the authority of section 11AB of the Central Excise Act, 1944, and supersedes the earlier notification of the Ministry of Finance, except as to matters done or omitted before such supersession.
Amendments in the Notification No. 56/2003-CE, DT. 25/06/2003
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CENVAT credit utilisation requirement restricts exemption refunds and permits account current credit option under specified procedural conditions.
Amendments require prior utilisation of the entire CENVAT credit balance when all goods of a manufacturer are exempt, limit refunds where some goods are non exempt to duty paid less attributable CENVAT credit, and allow an optional account current credit mechanism treating such credited duty as cash payment. The option must be exercised in writing at the start of a financial year, monthly statements and filing deadlines apply, the Commissioner will verify and determine refundable amounts, excess credits must be reversed promptly, and irregular credits are recoverable as erroneously refunded duty.
Exempts the goods in the State of Sikkim
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Excise exemption for Sikkim production: duty relief tied to value addition with refund and special rate option.
Notification No.71/2003-CE exempts goods cleared from designated industrial areas in Sikkim from excise duty to the extent of duty attributable to value addition, with a table specifying chapters and percentage rates for value addition calculation. Claims require monthly statements of duty paid and CENVAT utilisation, verification by the Assistant/Deputy Commissioner, and refunds or account crediting under prescribed deadlines. Manufacturers may seek a Commissioner fixed special rate based on audited actual value addition, subject to election rules, timelines, verification and adjustment; eligibility, exclusions and a ten year ceiling apply.
Amendments in the CENVAT Credit Rules, 2002
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CENVAT credit utilization restricted to corresponding exempted final products; special dispensation treats specified-area inputs as non-exempt.
CENVAT credit of duty on inputs used in manufacture of final products cleared after availing specified exemption notifications must be utilized only for payment of duty on the final products for which the exemption is availed. Replaced rule 10 grants a special dispensation for inputs and capital goods manufactured in specified areas, allowing CENVAT credit as if no portion of duty on those inputs or capital goods had been exempted under the listed notifications.
Amendments in the Notification No. 07/2003-CE, Dt. 01/03/2003 (52, 54, 55, 58 or 60 - Mosquito net fabrics)
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Excise exemption for mosquito net fabrics added to tariff, granting nil duty treatment under specified headings.
A new entry was inserted into Notification No. 7/2003-Central Excise by Notification No. 70/2003-CE (04/09/2003) adding mosquito net fabrics classifiable under tariff headings 52, 54, 55, 58 or 60 as exempt with nil excise duty and nil additional duty, thereby modifying the table of miscellaneous exemptions under the principal notification.
Specifies Sitapura Special Economic Zone at Jaipur, in the State of Rajasthan
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Special economic zone designation confirms Sitapura area as specified land for SEZ purposes under central excise powers.
Specifies Sitapura as a special economic zone under powers conferred by the proviso to sub section (1) of section 3 of the Central Excise Act, 1944, identifying Sitapura SEZ at Jaipur, Rajasthan, with a total area of 8.70 hectares comprising parcels in Dehlavas (7.07 hectares) and Sheopur (1.63 hectares) and listing the relevant khasra numbers for the land.
Specifies Indore Special Economic Zone at Indore, in the State of Madhya Pradesh
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Special Economic Zone designation: Indore SEZ specified with defined territorial parcels and perimeter boundaries.
The Central Government, under the proviso to sub section (1) of section 3 of the Central Excise Act, designates Indore Special Economic Zone at Indore, Madhya Pradesh as a special economic zone, specifying its aggregate area and defining its territorial extent by district, village, patwari halka numbers and detailed survey numbers, and delineating its external boundaries by named adjoining localities.

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