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Notifications
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Inserted Chap. 85 - Integrated Receiver Decoder, also known as Set-top Box in Exemption Table
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Excise exemption for integrated receiver decoders: set top boxes added to exemption table, attracting nil central excise duty.
Notification No. 55/2003-CE (24/06/2003) amends Notification No. 6/2002 by inserting tariff entry 205A in Chapter 85 for Integrated Receiver Decoder (Set top Box), placing it in the miscellaneous exemptions table with nil central excise duty.
Uttaranchal (Doon Valley) Notifications Amended
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Doon Valley exemption scope amended to reference notified industries for Uttaranchal central excise relief.
The Central Government directs substitution, in the Annexures of notifications 49/2003 and 50/2003, of the entry against S. No. 21 so that the activity reads: "Industries, notified under the Doon Valley notification (S.O. 102(E), dated the 1st February, 1989) as amended from time to time, issued by the Ministry of Environment and Forests, in the Doon Valley area of the State of Uttaranchal."
Amendment in the Notification No. 42/2001-CE(N.T.) (Mineral Oil Products for Consumption on Board an Aircraft)
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Excise notification amendment removes a qualifying condition for tax treatment of mineral oil for aircraft, changing eligibility.
The Central Board of Excise and Customs, exercising powers under sub-rule (3) of rule 19 of the Central Excise Rules, 2002, amends Notification No. 42/2001-Central Excise (N.T.) by omitting condition (iv) in paragraph 1, thereby removing that qualifying requirement governing mineral oil products for consumption on board an aircraft.
Cars Import for Handicapped โ€“ Exemption NCCD
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Exemption from NCCD for cars for physically handicapped persons subject to certification and a five-year non-disposal affidavit.
Exemption from National Calamity Contingent Duty is provided for cars for physically handicapped persons for transport of up to seven persons including the driver under tariff heading 8703, subject to certification by an authorized officer that the goods are capable of use by physically handicapped persons and an affidavit by the buyer that the car will not be disposed of for five years.
Cars for Physically Handicapped โ€“ Excise Duty Cut to 8% from 16%
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Excise duty reduction for cars for physically handicapped now requires certification and a multi-year non-disposal affidavit.
Reduction of excise duty for cars intended for physically handicapped persons is effected by amending the principal Central Excise notification to a lower tariff rate. The annexure condition is substituted to require (i) certification by an officer not below the rank of Deputy Secretary in the Department of Heavy Industries that the goods are capable of use by physically handicapped persons; and (ii) an affidavit by the buyer undertaking not to dispose of the car for a period of five years after purchase.
EOUs, etc.- Clearance of Reprocessed Plastic Granules to DTA โ€“ No. Excise Duty for Specified Period
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Excise duty exemption for reprocessed plastic granules cleared from export units to domestic market prevents retrospective duty recovery.
The Government records a prevailing practice of non levy of excise duty on reprocessed plastic granules manufactured by hundred per cent export oriented undertakings and free trade zone units when cleared into the Domestic Tariff Area, and directs that excise duty shall not be required to be paid in respect of such granules on which duty was not levied in accordance with that practice during the specified period.
Goods supplied to SAMYUKTA Programme
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Exemption for supplies to SAMYUKTA Programme requires director's pre-clearance certificate and ends after the prescribed effective date.
Exemption of excise duty applies to all goods supplied to the SAMYUKTA Programme under the Ministry of Defence provided that, before clearance, a certificate from the Programme Director to the effect that the goods are intended for the Programme is produced to the proper officer; this certificate is a condition precedent and the exemption ceases to have effect on or after the prescribed effective date.
Exempts the goods specified in the First Schedule and the Second Schedule to the Central Excise Tariff Act, 1985 (5 of 1986) PART IV
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Exemption of goods produced in expressly listed geographic parcels under the Central Excise Tariff - territorial schedules define coverage.
The notification grants central excise exemption for goods specified in the First and Second Schedules to the Central Excise Tariff Act, 1985 (Part IV) where such goods are produced in specifically enumerated areas. Coverage is defined by district wise listings of Kanungo circles, identified locations, Hudbast/Khasra number ranges and Tehsil/Sub Tehsil names, together with an Annexure identifying industrial estates, villages and Khasra numbers; these geographic schedules determine the territorial scope of the exemption.
Exempts the goods specified in the First Schedule and the Second Schedule to the Central Excise Tariff Act, 1985 (5 of 1986) PART III
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Excise exemption for goods produced in specified areas, territorial origin and parcel identifiers determine eligibility.
The notification grants excise exemption under Part III of the Central Excise Tariff Act to goods specified in the First and Second Schedules when produced within enumerated areas of Himachal Pradesh. It delineates eligibility by district, Kanungo circle, named locations/tehsil and precise hudbust/khasra numbers or ranges, making territorial origin the sole determinant of entitlement to the specified excise relief.
Exempts the goods specified in the First Schedule and the Second Schedule to the Central Excise Tariff Act, 1985 (5 of 1986) - PART - II
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Exemption of specified goods: territorial lists of industrial estates determine tariff exemption applicability for production locations.
Exempts goods specified in the First Schedule and the Second Schedule to the Central Excise Tariff Act, 1985 by territorially delineating industrial estates, proposed estates, existing industrial activity in non industrial areas and extensions via village names and khasra numbers; inclusion of an area in the Part II lists determines applicability of the schedule based exemption.
Exempts the goods specified in the First Schedule and the Second Schedule to the Central Excise Tariff Act, 1985 (5 of 1986) PART - I
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Excise exemption for specified goods cleared from units in industrial areas grants duty relief subject to written option and conditions.
Notification No.50/2003 CE exempts goods in the First and Second Schedules (except goods in Annexure I) from excise duty when cleared from units in the industrial areas listed in Annexures II and III in Uttarakhand and Himachal Pradesh, subject to conditions including a written option by the manufacturer, prior intimation to the jurisdictional authorities with specified particulars, defined eligibility for new units and substantial expansions, a maximum ten year exemption period, and specified process based and product exclusions; Annexures detail non exempt goods and eligible areas.
Uttarakhand or Himachal Pradesh Units โ€“ Exemption from Excise Duty on Specified Goods
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Excise duty exemption for specified goods from eligible manufacturing units, subject to written option, eligibility and listed exclusions.
Exemption from excise duty is granted for specified goods cleared from units in Uttarakhand or Himachal Pradesh, subject to written exercise of option and notification to jurisdictional authorities; applicable only to new units commencing production within prescribed dates or existing units undertaking substantial expansion, limited to ten years from notification or commencement, and excluding specified non-manufacturing processes and goods listed in the Annexure.
Amendments in the CENVAT Credit Rules, 2002
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Transfer of CENVAT credit by exempted independent weavers permitted subject to specified documentation and quarterly reporting.
Rule 8A allows exempted independent weavers to transfer CENVAT credit on specified inputs to buyers provided the weaver obtains a declarant code, accepts inputs only on prescribed documents under rule 7(1), maintains records of receipt, disposal, consumption and inventory as for manufacturers, effects removals only against an invoice and a pre printed triplicate challan in Annexure I, and files a quarterly statement in Annexure II with duplicate challans to the Superintendent within fifteen days of quarter end.
Amendments in the Notification No. 36/2001-CE(N.T.), Dt. 26/06/2001 (CENVAT โ€“ Declarant Code for Independent Weaver)
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Declarant code requirement for independent weavers requires registration before issuing challans and prevents withdrawal during the financial year.
Independent weavers opting for the rule 8A procedure under the CENVAT Credit Rules, 2002 must file the Annexure-IA application to Notification No. 35/2001-Central Excise(N.T.) and obtain a twelve-digit declarant code from the Superintendent of Central Excise having jurisdiction before issuing any challan under rule 8A; the option, once exercised in a financial year, cannot be withdrawn during that year.
Amendments in the CENVAT Credit Rules, 2002
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Cenvat Credit Rules amendment extends the specified compliance date, substituting the prior deadline with 15th June.
The CENVAT Credit (Fourteenth Amendment) Rules, 2003 substitute the deadline stated in rule 9A(4) of the CENVAT Credit Rules, 2002 by replacing the earlier specified date with a later specified date; the amendment is made under section 37 of the Central Excise Act, 1944 and shall come into force upon publication in the Official Gazette, with footnotes identifying the principal rules and prior amendment history.
Levy of duty of excise (including non-levy) on intermediate goods falling under Chapter 28
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Excise non-levy on intermediate goods during manufacture of gold jewellery directed to prevent retrospective collection.
The government directs that the full excise duty otherwise payable on intermediate goods arising in the course of manufacture of gold jewellery shall not be required to be paid in respect of those intermediate goods on which duty was not levied during the stated periods, thereby validating the non-levy practice for that historical timeframe.
Amendment in the Notification No. 06/2002-CE, Dt. 01/03/2002 (Inserted 64.01 - Footwear in Exemption Table)
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Exemption for footwear processing: packing, labeling and market-preparation allowed where retail price unchanged and duty previously paid.
A new exemption permits footwear that undergoes packing, labeling or other marketability treatment to be exempt from excise, provided those processes do not alter the declared retail sale price and the footwear is produced from goods bearing a brand name, having a declared retail sale price, and on which the appropriate excise or additional customs duty has already been paid.
Levy of duty of excise (including non-levy) on cotton yarn falling under heading No. 52.03
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Duty of excise non levy on cotton yarn sent for conversion preserved where earlier practice resulted in non collection.
The Central Government directed that the excise duty payable on cotton yarn under heading No. 52.03 in forms of cops, cones and other forms sent outside the factory for conversion into plain straight reel hanks shall not be required to be paid for instances where duty was not levied during the period commencing 1st March, 1986 and ending 28th February, 1992, in exercise of its statutory powers.
Amendments in the Notification No. 11/2002-CE., (N.T.) (Cenvat Credit Rules โ€“ Refund Claim on Monthly Basis)
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Monthly refund claims for textile exports permitted despite standard condition, enabling periodic claims under Cenvat Credit Rules.
The Government, exercising rule-making authority under the Cenvat Credit Rules, 2002, inserts a proviso in the Appendix to Notification No. 11/2002-Central Excise (N.T.) to permit refund claims on a monthly basis for export clearance of textile and textile articles, creating an exception to the existing condition so exporters of specified textile goods may file refund claims for each calendar month.
Amendment in the Central Excise Rules, 2002
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Extension of procedural time limit permits commissioner to grant additional compliance time on manufacturer's request.
Amendment to rule 11(1) of the Central Excise Rules, 2002 authorises the Commissioner of Central Excise, upon request by a manufacturer, to extend the initial five working day compliance period up to a cumulative maximum of twenty one days inclusive of that initial period, thereby establishing an administrative discretion to grant additional time subject to the prescribed outer limit.

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