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GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
New Delhi, the
10th June, 2008.
NOTIFICATION No. 32/2008-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 the 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 makes the following
amendments in the notification of the Government of India in the Ministry
of Finance (Department of Revenue), No. 33/99-Central Excise, dated the 8th
July, 1999 which was published in the Gazette of India,
Extraordinary, Part II, Section 3, Sub-section (i) vide number
G.S.R. 509(E), dated the 8th July, 1999 namely:-
In the said notification,-
(i)
in paragraph 2A,-
(a)
after the words, brackets and figure "corresponding entry in
column (2) of the said Table,", the words, brackets and figure "when
manufactured starting from inputs specified in the corresponding entry in
column (5) of the said Table in the same factory," shall be inserted;
(b)
for the Table, the following Table shall be substituted,
namely:-
TABLE
|
S. No. |
Chapter of the First Schedule |
Description of goods |
Rate |
Description of inputs for manufacture of goods in column (3) |
|
(1) |
(2) |
(3) |
(4) |
(5) |
|
1. |
29 |
All goods |
29 |
Any goods |
|
2. |
30 |
All goods |
56 |
Any goods |
|
3. |
33 |
All goods |
56 |
Any goods |
|
4. |
34 |
All goods |
38 |
Any goods |
|
5. |
38 |
All goods |
34 |
Any goods |
|
6. |
39 |
All goods |
26 |
Any goods |
|
7. |
40 |
Tyres, tubes and flaps |
41 |
Any goods |
|
8. |
72 or 73 |
All goods |
39 |
Any goods, other than iron ore |
|
9. |
74 |
All goods |
15 |
Any goods |
|
10. |
76 |
All goods |
36 |
Any goods |
|
11. |
85 |
Electric motors and generators, electric generating sets and parts
thereof |
31 |
Any goods |
|
12. |
25 |
Cement or cement clinker |
75 |
Limestone and gypsum |
|
13. |
17 or 35 |
Modified starch/glucose |
75 |
Maize |
|
14. |
18 |
Cocoa butter or powder |
75 |
Cocoa beans |
|
15. |
72 or 73 |
Iron and steel products |
75 |
Iron ore |
|
16. |
Any chapter |
Goods other than those mentioned above in S.Nos.1 to 15 |
36 |
Any goods |
(ii)
In paragraph 2.1, -
(a)
for sub-paragraph (1),the following shall be
substituted, namely:-
" (1) Notwithstanding anything contained in
paragraph 2A, 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 Central Excise or
the Commissioner of Customs and Central Excise, as the case may be, not
later than the 30th day of September in a financial year for
determination of such special rate, stating all relevant facts including
the proportion in which the material or components are used in the
production or manufacture of goods:
Provided that the Commissioner of Central
Excise or the Commissioner of Customs and Central Excise, as the case may
be, may, if he is satisfied that the manufacturer was
prevented by sufficient cause from making the application within the
aforesaid time, allow such manufacturer to make the application within a
further period of thirty days:
Provided further that the manufacturer supports
his claim for a special rate with a certificate from his statutory Auditor
containing a calculation of value addition in the case of goods for which
a claim is made, based on the audited balance sheet of the unit for the
preceding financial year:
Provided also that a manufacturer that
commences commercial production on or after the 1st day of
April, 2008 may file an application in writing to the Commissioner of
Central Excise or the Commissioner of Customs and Central Excise, as the
case may be, for the fixation of a special rate not later than the 30th
day of September of the financial year subsequent to the year in which it
commences production.
(1A) Nothing contained
in sub-paragraph (1) shall apply to a unit manufacturing goods falling
under Serial 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 1st 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 to in sub-paragraph (1) had already been
filed prior to the 10th day of June, 2008, 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 1st day of
April, 2008."
(d)
after sub-paragraph (5), the following shall be inserted, namely:-
"(5A) A manufacturer who
commences commercial production on or after the 1st day of
April, 2008, shall be entitled to refund at the special rate fixed under
sub-paragraph (2) against his first application in respect of all
clearances of excisable goods manufactured and cleared under this
notification with effect from the date of commencement of such commercial
production and the difference between the refund payable at such special
rate and the actual refund paid to him from the date of commencement of
commercial production till the date of fixation of special rate,
during the period shall be refunded to him."
(iii)
after paragraph 2.1, the following shall be inserted, namely:-
"2.2 (1)In case the
total amount of refund paid or payable to a
manufacturer in respect of goods cleared from a unit during a financial
year is less than the total duty paid by him on the said goods, other than
the amount paid by utilization of CENVAT credit, for the year, the
differential amount, if any, shall be refunded to him
subject to the condition that the total refund made to him during the
year, including the aforesaid differential amount, does not exceed the
total duty payable on value addition whether at the rate specified in the
Table or at the special rate fixed under paragraph 2.1.
(2) The
Assistant Commissioner of Central Excise or the Deputy Commissioner of
Central Excise, as the case may be, shall refund the differential amount,
if any, to the manufacturer not later than the 15th day of May
in the subsequent financial year. "
[F. No. 334/1/2008-TRU]
(Unmesh Wagh)
Under Secretary to the Government of India.
Note:- The principal notification No. 33/99-Central Excise, dated the 8th
July, 1999 was published in the Gazette of India, Extraordinary, Part II,
Section 3, Sub-section (i) vide number G.S.R. 509(E), dated the 8th
July, 1999 and was last amended vide notification no. 18/2008-Central
Excise, dated the 27th March, 2008 vide number G.S.R.
223(E), dated the 27th March, 2008.
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