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GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
New Delhi, the 5th May, 2008.
NOTIFICATION No. 26 /2008-CENTRAL EXCISE
G.S.R.------- (E).- In exercise of the powers conferred by sub-section (1)
of section 5A of the Central Excise Act, 1944 (1 of 1944), read with
sub-section (3) of section 3 of the Additional Duties of Excise (Goods of
Special Importance) Act, 1957 (58 of 1957) and sub-section (3) of section
3 of Additional 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 directs that each of the
notifications of the Government of India in the Ministry of Finance
(Department of Revenue), specified in column (2) of the Table hereto
annexed shall be amended or further amended, as the case may be, in the
manner specified in the corresponding entry in column (3) of the said
Table, namely:-
TABLE
|
Serial number |
Notification number and date |
Amendments |
|
(1) |
(2) |
(3) |
|
1. |
22/2003- Central
Excise, dated the 31st March, 2003, G.S.R. 265 (E), dated the
31st March, 2003. |
In the said notification,-
(i) in the condition (4) of opening
paragraph, in clause (a), after sub-clause (ii), for the proviso,
the following proviso shall be substituted, namely:-
"Provided that-
(a)
where no SION have been notified, the generation of waste,
scrap and remnants upto 2% of input quantity
shall be allowed;
(b)
where additional items other than those
given in SION are required as input or where generation of waste,
scrap and remnants is beyond 2% of the input quantity, use of such
goods shall be allowed on the basis of self-declared norms till such
norms are fixed on ad hoc basis by the jurisdictional
Development Commissioner within a period of three months from the
date of self declared norms and the unit shall undertake to adjust
the self-declared/ ad hoc norms in accordance with norms as
finally fixed by the Norms Committee for the unit. The ad-hoc
norms will continue till such time the final norms are fixed by the
Norms Committee;
(c)
in case of utilization of a large number of inputs, wide
variation in quantum of consumption of inputs or such other factors
which render such fixation of SION difficult in the case of a
particular unit, the Norms Committee may refer the case to the Board
of Approval for a decision.";
(ii) in the paragraph 8, after the proviso,
in the clause (i), for the words "such clearance or debonding of
capital goods may be allowed on payment of an amount equal to the
excise duty on the depreciated value thereof and at the rate in
force on the date of debonding or clearance, as the case may be.",
the following shall be substituted, namely:-
"such clearance or debonding of capital goods may be allowed on
payment of an amount equal to the excise duty on the depreciated
value thereof and at the rate in force on the date of debonding or
clearance, as the case may be, if the unit has fulfilled the
positive NFE criteria taking into consideration the depreciation
allowable on the capital goods at the time of clearance or debonding.
In case of failure to achieve the said positive NFE, the
depreciation shall be allowed on the value of capital goods in the
same proportion as the achieved portion of NFE.";
(iii) after paragraph 13, in the
Explanation, after serial number (xii) and entry relating
thereto, the following serial number and entry shall be inserted,
namely:-
"(xiii) "Norms Committee" means the Norms Committee in the
Directorate General of Foreign Trade, for recommending Input Output
norms and value addition norms to be notified by the Director
General of Foreign Trade." |
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2. |
23/2003- Central Excise,
dated the 31st March, 2003, G.S.R. 266 (E), dated the 31st March,
2003. |
In the said notification,
(i)
in the Table, after serial number 3 and the entries relating
thereto , the following serial number and entries thereto shall be
inserted, namely:-
|
(1) |
(2) |
(3) |
(4) |
(5) |
|
"3A. |
(i)
50 to 63;
(ii) 25 or 68 |
i)
Textile and textile articles;
ii)
Granite and granite articles |
In excess of an amount equal to the aggregate of
duties of excise leviable under section 3 of the Central Excise
Act, 1944 or under any other law for the time being in force on
like goods produced or manufactured in India other than in an
export oriented undertaking, if sold in India. |
3A"; |
(ii)
after the Table, in the Annexure, after serial number 3
and entries relating thereto, the following
serial number and entries thereto shall be inserted, namely:-
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"3A. |
If-
(i)
the said goods are cleared into Domestic Tariff Area in
accordance with sub-paragraphs (a), (d), (e), (g) and (k) of
Paragraph 6.8 of the Foreign Trade Policy;
(ii)
the said unit has achieved positive Net Foreign Exchange
Earning;
(iii)
the said goods are produced or manufactured by the unit
wholly from the raw materials produced or manufactured in India
except the use of duty paid imported inputs upto 3% of the FOB
value of exports of the said unit in the preceding financial
year;
(iv)
the said unit exercises an option in terms of Para 6.8
(l) of the Foreign Trade Policy for availing this exemption by
informing in writing to the jurisdictional Deputy/Assistant
Commissioner of Customs or Central Excise:
Provided that-
(a)
such option is exercised before effecting first
clearances into Domestic Tariff Area on or after 1st
day of April in any financial year:
Provided that for the remaining period of the year
2008-09, such option shall be exercised before effecting first
clearances in Domestic Tariff Area on or after 1st
June, 2008;
(b)
such option shall not be withdrawn during the remaining
part of the financial year; and
(c)
once such option is exercised, the unit shall not be
allowed to import or utilize duty free inputs for any purpose;
and
(v)
the said goods, if manufactured and cleared by a unit
other than an export oriented undertaking are not wholly exempt
from duties of Excise or are not chargeable to "NIL" rate of
duty.".
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(F.No: DGEP/FTP/13/2008-EOU & G&J)
Aseem Kumar,
Under secretary to the Government of India
Note: (1) The principal notification No.
22/2003-Central Excise, dated the 31st March, 2003
was published in the Gazette of India Extraordinary, Part II, section 3 (i)
vide G.S.R 265 (E), dated the 31st March, 2003 and last amended
by notification No. 24/2008-Central Excise, dated the 11th
April, 2008 published vide G.S.R. 282 (E), dated the 11th
April, 2008.
(2) The principal notification No. 23/2003-Central
Excise, dated the 31st March, 2003 was published in
the Gazette of India Extraordinary, Part II, section 3 (i) vide G.S.R 266
(E), dated the 31st March, 2003 and last amended by
notification No. 10/2008-Central Excise, dated the 1st March,
2008 published vide G.S.R. 138 (E), dated the 1st March, 2008.
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"Central Excise Update - 2008" Listings
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