Amends notification no. 39/2001 CE dated 31-7-2001 - 5 Year Excise Free Holiday for Units in Kutch District of Gujarat

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....nal Duties of Excise (Textile and Textile Articles) Act, 1978 (40 of 1978), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby makes the following further amendments in the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 39/2001-Central Excise, dated the 31^st July, 2001 which was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i)  vide number G.S.R.  565 (E), dated the 31^st July, 2001 namely:- In the said notification,-  (i) in paragraph 2,-  (a) after the words, brackets and figure "corresponding entry in column (2) of the said Table,", the words, brackets and figure "....

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....Notwithstanding anything contained in paragraph 2, the manufacturer shall have the option not to avail the rates specified in the said Table and apply to the Commissioner of Central Excise or the Commissioner of Customs and Central Excise, as the case may be, having jurisdiction over the manufacturing unit of the manufacturer for fixation of a special rate representing the actual value addition in respect of any goods manufactured and cleared under this notification, if the manufacturer finds that the actual value addition in the production or manufacture of the said goods is at least 115 per cent of the rate specified in the said Table and for the said purpose, the manufacturer may make an application in writing to the Commissioner of Cent....

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....al Nos. 12, 13, 14 or 15 of the Table."  (b) in sub-paragraph (2), for the words "six months", the words "three months" shall be substituted;  (c) for sub-paragraph (5), the following sub- paragraph shall be substituted, namely:-  "(5) The manufacturer shall be entitled to refund at the special rate fixed under sub-paragraph (2) in respect of all clearances of excisable goods manufactured and cleared under this notification with effect from the 1^st day of April of the year in which the application referred to at sub-paragraph (1) was filed with the Commissioner of Central Excise or Commissioner of Central Excise and Customs, as the case may be: Provided that in cases where the application referred ....