TaxTMI 
TaxTMI 
2006 (10) TMI 170
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....nylchloride films and other polymers, like Diwali gift boxes and clear tubes for single flowers as presents. It proposes to set up a joint venture with a non-resident company, M/s. Bell Packaging Ltd., Luton, United Kingdom, to design and manufacture plastic packaging of retail products with polyester, polypropylene, etc. In the joint venture the foreign equity would be 97% and remaining equity of 3% will be held by the applicant. On these facts, the applicant set forth the following two questions to seek advance ruling of the Authority :- 1. Is the applicant entitled for concession under provision C.E. Notification No. 8/2003 dated 1-3-2003 despite of the fact that proposed equity of a Foreign Corporate Body is 96.875% (greater than 25%....
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....ct to the condition that the manufacturer does not utilize the credit of duty on capital goods under Rule 3 or Rule 11 of the Cenvat Credit Rules, 2004 paid on capital goods, for payment of duty, if any, on their clearances, the aggregate value of the first clearance of which does not exceed rupees one hundred lakhs as calculated in the manner specified in the Table to the notification. 3. Mr. P.R. Munshi, authorized representative of the applicant, states that in so far as the questions posed for the ruling of the Authority are concerned the Commissioner has conceded that the applicant is entitled to the relief. Mr. A.K. Roy, Joint CDR has read out to us the notification and the rules to support the comments of the Commissioner. 4. B....
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....ond Schedule to the said Central Excise Tariff Act, 1985 (hereinafter referred to as the Second Schedule), as is in excess of the amount calculated at the rate specified in the corresponding entry in column (3) of the said Table : Provided that nothing contained in this notification shall apply to a manufacturer who has availed the exemption under Notification No. 39/2001-Central Excise, dated the 31st July, 2001, published in the Gazette of India vide number G.S.R. 565(E), dated the 31st July, 2001, in the same financial year. Provided further that exemption contained in this notification shall not apply to goods which are chargeable to nil rate of duty or are exempt from the whole of duty of excise leviable thereon. Table S....
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....l Duties of Excise (Textiles and Textile Articles) Act, 1978 (40 of 1978); (iv) the additional duty of excise leviable under Section 3 of the Additional Duties of Excise (Goods of Special Importance) Act, 1957 (58 of 1957); (v) the National Calamity Contingent duty leviable under Section 136 of the Finance Act, 2001 (14 of 2001); (vi) the Education Cess on excisable goods leviable under Section 91 read with Section 93 of the Finance (No.2) Act, 2004 (23 of 2004); (vii) the additional duty leviable under Section 3 of the Customs Tariff Act, equivalent to the duty of excise specified under....