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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 โ€“ 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 โ€“ 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 โ€“ 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 โ€“ 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 โ€“ 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 โ€“ 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.
EOUs/EHTP/STP Units โ€“ Goods Manuf. and Packaging or Job Work for Export โ€“ No Excise Duty
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Excise duty exemption for export oriented unit procurements, subject to bond, use, accountal and NFE compliance.
Exemption from the whole of excise duty is provided for specified goods procured for use by EOUs, STP and EHTP units for manufacture, packaging, development or job work for export, contingent on direct procurement from manufacturer/warehouse, specified use, maintenance of accounts, execution of a bond with customs/central excise authorities, compliance with Foreign Trade Policy, and achievement of positive Net Foreign Exchange; breaches or failure to use or to meet NFE result in duty and interest liability and other prescribed consequences.
Cement for Relief Work in Gujarat โ€“ Excise Duty Exemption Extended upto March 2004
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Excise duty exemption for cement used in relief work extended by government under statutory power, amending prior notification.
Extension of excise duty exemption for cement supplied for relief work in Gujarat by substituting the expiry date in paragraph 2 of Notification No. 16/2001-Central Excise; the Central Government exercises powers under section 5A of the Central Excise Act, 1944 to amend the principal notification and continue the exemption for the specified cement used in relief operations.
Amendment in Notification No. 36/2001-CE(N.T.), Dt. 26/06/2001 (Exemption from Central Excise Regn. and Declaration for CE)
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Central Excise exemption amendment broadens covered persons and removes proviso and Explanation in the notification rules.
The amendment to Notification No. 36/2001-Central Excise (N.T.) substitutes the words "every manufacturer" with "every person, other than the said person referred to in sub-rule (1) of rule 12B of the Central Excise Rules, 2002," in the opening paragraph, clause (1)(ii), and omits the proviso and the Explanation, thereby redefining the class of persons covered by the exemption under the notification.
Amendments in the CENVAT Credit Rules, 2002
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CENVAT credit entitlement for textile inputs expanded to allow immediate and transitional credit for job-worked and stock inputs.
Amendments permit immediate CENVAT credit on inputs for specified yarns, fabrics and readymade garments when inputs are received by a principal for job-worked manufacture, protect job workers from denial of credit where goods are cleared without duty under rule 12B, allow endorsed documents from exempt or nil-rated activities to support credit despite changes in goods description, and introduce Rule 9A enabling transitional credit on inputs and inputs contained in finished textile goods lying in stock or process subject to declaration, documentary evidence, or notified calculation methods.
Amendment in the Central Excise Rules, 2002
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Job work in textiles: registration, invoicing and duty liability clarified with proforma invoice and movement documentation options.
Amendments permit manufacturers of specified yarns, fabrics and readymade garments to remove goods under a proforma invoice (without duty details) provided a formal invoice is issued within five working days and both documents cross reference. Assessees availing value based exemptions or manufacturing specified textiles/garments must file quarterly production and removal returns. New Rule 12B governs job work: the owner (except EOUs/SEZs) must register, maintain accounts and pay duty unless the job worker elects to assume those obligations or acts as agent; movement of goods requires signed serially numbered documents and job worker acknowledgements, with owner liable for duty on loss before clearance.
Amendments in the Notification No. 214/86-CE, Dt. 25/03/1986 (Job Work)
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Central excise exemption scope expanded to cover additional duty under Special Importance Act; First Schedule goods exempted, excluding matches.
The amendment substitutes the enabling authority reference to invoke the job work exemption, linking the Central Excise Act authority with the additional duty provisions of the Special Importance Act, and expands duty references to include both the Central Excise Tariff Schedules and the Special Importance Act additional duty. The Table entry is revised to exempt all goods falling under the First Schedule to the Central Excise Tariff Act, other than matches, thereby clarifying the scope of qualifying goods for the exemption.
Notification No. 43/2001-CE(NT), Dt. 26/06/2001 (Addl. Duty of Excise)
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Additional duty of excise under provisional Finance Bill declaration treated as having force of law via notification amendment.
The Central Government, under sub rule (3) of rule 19 of the Central Excise Rules, 2002, amends Notification No. 43/2001 CE(N.T.) by inserting clause (e) into Explanation I to include the additional duty of excise levied under clause 149 of the Finance Bill, 2003, which, by virtue of a declaration under the Provisional Collection of Taxes Act, 1931, has the force of law.
Notification No. 42/2001-CE(NT), Dt. 26/06/2001 (Addl. Duty of Excise)
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Definition of duty expanded to include additional excise duty under Finance Bill clause given force of law.
The Government, exercising sub-rule (3) of rule 19 of the Central Excise Rules, 2002, inserts Explanation III into Notification No.42/2001-Central Excise (N.T.) to provide that "Duty" includes the additional duty of excise levied under clause 149 of the Finance Bill, 2003, which clause has the force of law by declaration under the Provisional Collection of Taxes Act, 1931.
Notification No. 41/2001-CE(NT), Dt. 26/06/2001 (Addl. Duty of Excise)
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Additional duty of excise inclusion under Finance Bill declared effective by provisional collection power; notification amends exemption scope.
The amendment adds an explicit explanatory sub-clause to Notification No. 41/2001-Central Excise(N.T.) treating the additional duty introduced by the Finance Bill as an additional duty of excise, and records that that Finance Bill provision has been given force of law by declaration under the Provisional Collection of Taxes Act, 1931, the change being made under rule 18 of the Central Excise Rules, 2002.
Amendment in Notification No. 40/2001-CE(NT), Dt. 26/06/2001 (Addl. Duty of Excise)
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Rebate of additional excise duty on tea exports introduced, excluding Nepal and Bhutan, with duty given provisional legal force.
Amendment inserts a rebate for the whole of additional duty of excise paid on tea exported to any country except Nepal and Bhutan, and adds an explanation that the additional duty levied under the Finance Bill provision has the force of law by virtue of a Provisional Collection of Taxes Act declaration.
Amendment in the CENVAT Credit Rules, 2002
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CENVAT credit utilisation now confined to specified additional excise duties for textiles, calamity levies, and related duties.
A new clause recognises the additional duty in clause 149 of the Finance Bill, 2003 as creditable; substituted sub-rule (6)(b) restricts CENVAT credit for specified additional duties to utilisation only for payment of those specified duties on final products or, where inputs are removed as such or partially processed, for payment on those inputs; an explanation permits credit of additional duty under the Additional Duties of Excise (Goods of Special Importance) Act to be utilised towards duties in the First or Second Schedule of the Central Excise Tariff Act.
Amendment in the CENVAT Credit Rules, 2002
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CENVAT credit utilisation: credit may be applied against excise on final products, removed inputs or capital goods, and specified charges.
The amendment substitutes sub rule (3) of rule 3 to specify that CENVAT credit may be utilised for payment of excise duty on final products; an amount equal to credit on inputs if such inputs are removed as such or after partial processing; an amount equal to credit on capital goods if such capital goods are removed as such; and amounts under specified procedural provisions of the Central Excise Rules. It also renumbers the annexed form as Form 1 and inserts an additional form.

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