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GOVERNMENT OF INDIA

MINISTRY OF FINANCE

OFFICE OF THE COMMISSIONER OF CENTRAL EXCISE

CHENNAI – II COMMISSIONERATE

692, ANNA SALAI, NANDANAM, CHENNAI 600 035

TRADE NOTICE No: 1/2006 Dt: 9 .1.2006

Sub: Communication of Board’s letter & Notifications.

The copies of the following letter / Notifications are communicated herewith for information and necessary action:

1. Letter No. Coord.II/2-15/Chennai/98 dt.7.11.2005 of the Pr. Chief Controller of Accounts. ND.

2. Notification no. 35/2005 CE(NT) dt. 14.11.05.

3. Notification no. 36/2005 CE(NT) dt. 14.11.05.

4. Notification no. 37/2005 CE(NT) dt. 30.12.05.

5. Notification no. 1/2006 CE(NT) dt. 3.1.06.

6. Notification no. 35/2005 CE dt. 29.11.05.

7. Notification no. 36/2005 CE dt. 29.12.05.

8. Notification no. 37/2005 CE dt. 30.12.05.

9. Notification no. 38/2005 CE dt. 30.12.05.

The contents of this Trade Notice may please be brought to the notice of all constituent Members of your Association in general and Manufacturers in particular.

Issued from file C.No. IV/16/5/2006 Tech.)

Sd/-

(A. HUSSAIN BAIG)

ADDITIONAL COMMISSIONER(TECH)

Trade & Department (As per mailing list)

No. Coord II/2-15/Chennai/98/479

Office of the

Pr. Chief Controller of Accounts

Central Board of Excise & Customs

A.G.C.R. Building, 1^st Floor

I.P. Estate, New Delhi.

Dated: 07.11.2005

Shri Girish D. Kallianpur

Dy. General Manager,

Reserve Bank of India,

Deptt. Of Govt. & Bank Accounts,

Central Office, Byculla Building,

Opp. Mumbai Central Station.

Mumbai – 400 008.

Subject:- Authorisation of one branch of State Bank of India for collection of Central

Excise for Central Excise Commissionerates –Chennai(I to IV) and Service

Tax for Service Tax Commissionerate – Chennai.

****

Sir,

The approval of Pr. Chief Controller of Accounts, CBEC is hereby conveyed for authorization of Industrial Finance Branch (BSR Code No. 0009930) of State Bank of India, Chennai for collection of Central Excise for Central Excise Commissionerates-Chennai (I to IV) and Service Tax for Service Tax Commissionerate-Chennai where State Bank of India is one of the nominated banks.

You are requested to issue necessary instructions to all concerned.

Yours faithfully,

Sd/-

(R.P. Jaiswal)

Sr. Accounts Officer (Rev.-Banking)

Copy to:-

The General Manager, Reserve Bank of India, Central Accounts Section, Additional Office Building, East High Court Road, Nagpur-440001.
The Dy. General Manager, State Bank of India, Govt. Accounts Dept., National banking Group, New Administrative Bldg., 5^th Floor, Plot No.8,9,10, Sector-11, C.B.D. belapur, Navi Mumabi-400614 w.r.t. their letter No. GAD/REV/SP/306 dated 25.8.05.
Commissioner, Central Excise-Chennai-I.
Commissioner, Central Excise-Chennai-II.
Commissioner, Central Excise-Chennai-III.
Commissioner, Central Excise-Chennai-IV.
Commissioner, Service Tax, Chennai.
Dy. Controller of Accounts, CBEC, South Zone, Chennai.
PAO, Central Excise, Chennai.
AO(EDP).

Sd./-

Sr. Accounts Officer (Rev.-Banking)

14^th November, 2005

Notification No. 35 /2005-Central Excise (NT)

G.S.R. (E).- In exercise of the powers conferred by sub-section (1B) of section 35B of the Central Excise Act, 1944 (1 of 1944), the Central Board of Excise and Customs hereby makes the following further amendments in the notification of the Government of India, Ministry of Finance, Department of Revenue, No.24/2005-Central Excise (NT), G.S.R. 304 (E) dated 13^th May, 2005, namely:-

In the Table annexed to the said notification, for Sl. No. 5 and the entries relating thereto, the following shall be substituted, namely:-

(1)

(2)

(3)

“5

(1) Chief Commissioner of Central Excise, Chandigarh

(2) Chief Commissioner of Central Excise, Delhi

Chandigarh

Jalandhar

Ludhiana

Jammu and Kashmir”

F.No.390/10/2005-JC(BMB) Central Excise

Note: The principal notification No 24/2005-Central Excise (NT) dated the 13^th May, 2005, was published vide number G.S.R. 304(E), dated the13^th May, 2005 and subsequently amended by Notification No. 29/2005 Central Excise(NT), dated the 8^th June,2005 vide number G.S.R. 380(E), dated the 8^th June, 2005.

14^th November, 2005

Notification No. 36 / 2005 - Central Excise (NT)

G.S.R (E).- In exercise of the powers conferred by sub-section (1B) of section 35B of the Central Excise Act, 1944 (1of 1944), the Central Board of Excise and Customs hereby makes the following further amendments in the notification of the Government of India, Ministry of Finance, Department of Revenue, No. 25/2005-Central Excise (N.T.), G.S.R.305 (E) dated the 13^th May, 2005, namely: -

In the Table annexed to the said notification, for Sl. Nos. 24 and 51 and the entries relating thereto, the following shall be substituted, namely:-

(1)

(2)

(3)

“24

For the Jurisdiction of Central Excise, Gaziabad

Commissioner of Central Excise, Ghaziabad

and

Commissioner of Central Excise, Noida.

Commissioner of Central Excise (Appeals), Meerut-I

For the Jurisdiction of Central Excise, Noida

Commissioner of Central Excise, Noida

and

Commissioner of Central Excise, Ghaziabad.

Commissioner of Central Excise (Appeals), Meerut-II”

F.No.390/10/2005-JC(BMB) Central Excise

Note: The principal Notification No. 25/2005-Central Excise (N.T.) dated the 13^th May, 2005 was published vide number G.S.R.305 (E), dated the 13^th May, 2005 and subsequently amended by notification no. 30/2005 Central Excise (N.T.) dated the 8^th June,2005 vide number G.S.R. 381 (E) dated the 8^th June,2005.

30th December, 2005

Notification No. 37 / 2005 - Central Excise (NT)

In exercise of the powers conferred by clause (id) of sub-section (2) of section 37 read with sub-section (2) of section 9A of the Central Excise Act, 1944 (1 of 1944), the Central Government hereby makes the following rules, namely:

1. Short title and commencement. -

(i) These rules may be called the Central Excise (Compounding of Offences) Rules, 2005.

(ii) They shall come into force on the date of their publication in the Official Gazette.

2. Definitions.- In these rules , unless the context otherwise requires,

(a)	“Act” means the Central Excise Act, 1944 (1 of 1944);
(b)	“applicant” means any assessee or any other person, but shall not include officers of Central Excise as appointed by Board or Commissioner of Central Excise under Rule 3 of the Central Excise Rules 2002;
(c)	“compounding authority” means the Chief Commissioner of Central Excise, having jurisdiction over the place where the offence under the Central Excise Act, 1944, have been or alleged to have been committed;
(d)	“form” means the form appended to these rules;
(e)	“reporting authority” means, the Commissioner of Central Excise, having jurisdiction over the factory/place where the offences under the Act have been or are alleged to have been committed or any other officer as may be authorized in this regard by the Chief Commissioner of Central Excise having jurisdiction over the place where such offences under the Act have been or are alleged to have been committed;
(f)	“section” means a section of the Act; and
(g)	words and expressions used in these rules and not defined but defined in the Act shall have the respective meanings assigned to them in the Act.

3. Form and manner of application. – (1) An applicant may, either before or after institution of prosecution, make an application under sub-section 2 of section 9A in the form appended to these rules, to the Compounding authority to compound the offence:

Explanation.- Where an offence under the Act has been committed at more than one place falling under the jurisdiction of more than one compounding authority, then the Chief Commissioner of Central Excise having jurisdiction over such place where the value of goods seized, or the amount of duty evaded or attempted to be evaded is more than the others shall be the competent authority.

4. Procedure on receipt of application under rule 3 - (1) On receipt of an application under rule 3, the compounding authority shall call for a report from the reporting authority with reference to the particulars furnished in the application, or any other information, which may be considered relevant for examination of such application.

(2) Such report shall be furnished by the reporting authority within a period of one month or within such extended period as may be allowed by the compounding authority, from the date of receipt of communication from the compounding authority.

(3) The compounding authority, after taking into account the contents of the said application, may, by order, either allow the application indicating the compounding amount in terms of rule 5 and grant him immunity from prosecution in terms of rule 6 or reject such application:

Provided that application shall not be rejected unless an opportunity has been given to the applicant of being heard and the grounds of such rejection are mentioned in such order.

(4) A copy of every order under sub rule (3) shall be sent to the applicant.

(5) The applicant shall, within a period of thirty days from the date of receipt of order under sub- rule (3) allowing the compounding of offences, pay the compounding amount, as ordered to be paid by the compounding authority and shall furnish the proof of such payment to the compounding authority.

(6) The compounding amount once paid shall not be refunded except in cases where the court rejects grant of immunity from prosecution.

(7) The applicant cannot claim, as of right, that his offence shall be compounded.

5. Fixation of the Compounding amount.- For the purpose of compounding of offences under the various provisions of the Act, the compounding amount shall be as provided herein below,-

Sl.No.	Offence	Compounding amount
1	Offence specified under section 9(1)(a) of the Act	Rupees fifty thousand for the first offence and to be increased by hundred per cent of this amount for each subsequent offence.
2	Offence specified under section 9(1)(b) of the Act	Upto twenty per cent of market value of goods or Rs. Ten lakhs whichever is higher.
3	Offence specified under section 9(1)(bb) of the Act	Upto twenty per cent of market value of goods or Rs. Ten lakhs whichever is higher.
4	Offence specified under section 9(1)(bbb) of the Act	Upto twenty per cent of market value of goods or Rs. Ten lakhs whichever is higher.
5	Offence specified under section 9(1)(bbbb) of the Act	Upto hundred per cent of such credit.
6	Offence specified under section 9(1)(c) of the Act	Rupees fifty thousand for the first offence and to be increased by hundred per cent of this amount for each subsequent offence.
7	Offence specified under section 9(1)(d) of the Act	Upto twenty per cent of market value of goods or Rs. Ten lakhs whichever is higher.

6. Power of Compounding authority to grant immunity from prosecution. -

The compounding authority, if he is satisfied that any person who has made the application for compounding of offence under these rules has co-operated in the proceedings before him and has made full and true disclosure of facts relating to the case, grant to such person, subject to such conditions as he may think fit to impose, immunity from prosecution for any offence under the Central Excise Act, 1944 with respect to the case covered by the compounding of offence.

7. Withdrawal of Immunity from Prosecution in certain conditions. -

(1) An immunity granted to a person under rule 6 shall stand withdrawn if such person fails to pay any sum specified in the order of compounding passed by the compounding authority, under sub-rule (3) of rule 4 within the time specified in such order or fails to comply with any other condition subject to which the immunity was granted and thereupon the provisions of the Central Excise Act, 1944 shall apply as if no such immunity had been granted.

(2) An immunity granted to a person under sub rule (1) above may, at any time, be withdrawn by the Compounding authority, if he is satisfied that such person had, in the course of the compounding proceedings, concealed any particulars, material or had given false evidence, and thereupon such person may be tried for the offence with respect to which immunity was granted or for any other offence that appears to have been committed by him in connection with the compounding proceedings and thereupon the provisions the Central Excise Act, 1944 shall apply as if no such immunity had been granted.

FORM

(see rule 3)

Application for Compounding of Offence

1. Full Name and address of the applicant:

2. Address for communication:

3. (i) Permanent Account Number (PAN):

(ii) Registration No:

4. Commissioner of Central Excise having jurisdiction over the applicant:

5. The violation of provisions of Central Excise Act, 1944, against which prosecution is instituted or contemplated for which application of Compounding:

6. Details of invoices/Adjudication order in relation to the case for compounding:

7. Date of seizure, if any:

8. Brief facts of the case and particulars of the offence(s) charged:

9. Whether Show Cause Notice issued

10. If yes, details of duty demanded

11. Whether Show Cause Notice has been adjudicated

12. If yes, adjudication details

(a) Amount of duty confirmed

(b) Amount of CENVAT credit to be recovered/denied

(d) Penalty imposed

13. Whether this is the first offence under the Central Excise Act, 1944. If not details of previous cases:

14. Whether any proceedings for the same offence contemplated under any other law, if so the details thereof:

Name and Signature of the applicant.

DECLARATION

1. I shall pay the compounding amount, as may be fixed by the compounding authority under sub-rule (3) of Rule 4 of the Central Excise (Compounding of Offences) Rules, 2005.

2. I understand that I cannot claim, as of right that the offence committed by me under the Act should be compounded.

Name and Signature of the applicant.

VERIFICATION

I, ---------------the son/daughter/wife of----------------residing at ------do solemnly declare that I am making this application in my capacity as-------- and I am competent to verify it.

That the contents of this application are true to the best of my knowledge and belief and no information relevant to the facts of the case has been suppressed. The documents accompanying the application are true copies of the originals and the tables showing financial transactions are correct and are duly attested by me.

Verified today the day of (month) (year) at .

Name and Signature of the applicant.

Place:

Date:

[F.No. 267/22/2005-CX-8]

(RAHUL NANGARE)

UNDER SECRETARY TO THE GOVERNMENT OF INDIA

3rd January, 2006

Notification No. 01/2006 - Central Excise (NT)

In exercise of the powers conferred by sub-rule (2) of rule 3 of the Central Excise Rules, 2002, the Central Board of Excise and Customs hereby makes the following further amendments in the notification of the Government of India in the Ministry of Finance (Department of Revenue) No. 14/2002-Central Excise (N.T.), G.S.R.182 (E) dated the 8^th March, 2002, namely:

In the said notification, in Table III, for Sl. No.71 and the entries relating thereto, the following shall be substituted, namely:-

(1)	(2)	(3)
“71.	Commissioner of Central Excise (Appeals), Vishakapatnam-I	(i) Guntur (ii) Vishakapatnam -I (iii) Vishakapatnam -II (iv) Tirupati
72.	Commissioner of Central Excise (Appeals), Vishakapatnam-II	(i) Guntur (ii) Vishakhapatnam -I (iii) Vishakhapatnam -II (iv) Tirupati
73.	Commissioner of Central Excise (Appeals), Vishakapatnam-III	(i) Guntur (ii) Vishakhapatnam -I (iii) Vishakhapatnam -II (iv) Tirupati
74.	Commissioner of Central Excise (Appeals), Vishakapatnam-IV	(i) Guntur (ii) Vishakhapatnam -I (iii) Vishakhapatnam -II (iv) Tirupati”

[F.No.208/4/2004-CX.6]

Note: The principal notification No. 14/2002-Central Excise (N.T.), dated the 8^th March, 2002 was published vide number G.S.R. 182 (E), dated the 8^th March, 2002 and was last amended by notification No. 1/2005-Central Excise (N.T.), dated the 4^th January, 2005, vide number G.S.R. 6 E), dated the 4^th January, 2005.

29^th November, 2005.

Notification No. 35/2005-Central Excise

In exercise of the powers conferred by sub-section (1) of section 5A of the Central Excise Act, 1944 (1 of 1944), read with section 91 and section 93 of the Finance (No.2) Act, 2004 (23 of 2004), 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. 32/2005-CENTRAL EXCISE, dated the 17^th August, 2005, number G.S.R. 537 (E), dated the 17^th August, 2005, namely:-

In the said notification, in para 3,-

(i) for clause (c), the following clauses shall be substituted, namely:-

“(c) The approved construction agency shall file a claim for refund of the said duties paid on the said goods procured and utilised in construction of such houses by it along with a self certified consumption certificate of the said goods to the jurisdictional excise officer, on a quarterly basis, within sixty days from the end of the relevant quarter and such period may be extended by the jurisdictional excise officer by another sixty days;

(ca) The approved construction agency, on completion of such houses, shall submit a completion certificate from the District Collector along with consolidated consumption certificate covering all the earlier refund claims, duly certified by a Chartered Engineer and countersigned by the concerned District Collector or Sub-Divisional Magistrate, to the jurisdictional excise officer;”;

(ii) for clause (d), the following clause shall be substituted, namely:-

“(d) The jurisdictional excise officer shall, after satisfying himself that the said goods have been used for the specified purposes, and on production of documentary evidence about the duty paid on the said goods, and the completion certificate and the consolidated consumption certificate as specified in clause (ca) above, by the approved construction agency, sanction the refund claim, at the rate of 6% of the cost of construction of such house or houses, as the case may be, subject to a maximum of Rs.9000 per house constructed; and”

F.No.341/2/2005-TRU

Note. - The principal notification was published in the Gazette of India, Extraordinary, vide number G.S.R. 537 (E), dated the 17^th August, 2005.

29th December, 2005.

Notification No. 36/2005-Central Excise

In exercise of the powers conferred by sub-section (1) of section 5A of the Central Excise Act, 1944 (1 of 1944), 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. 6/2002-Central Excise, dated the 1st March, 2002, which was published in the Gazette of India, Extraordinary vide number G.S.R. 127(E), dated the 1st March, 2002, namely:-

In the said notification, in the Table, against S.No.32, in column (3), in the Explanation,

(i) in clause (a), the words and figures “declared as such under rule 20 of the Central Excise Rules, 2002” shall be omitted;

(ii) after clause (b), the following clause shall be inserted, namely:-

‘(c) “refinery” means a unit which makes kerosene either from crude petroleum oil or natural gas.’

[F.No. 261/27/4/2002-Cx-8]

(Ajay)

Under Secretary to the Government of India

Note.- The principal notification No. 6/2002-Central Excise, dated the 1^st March,2002 was published in the Gazette of India vide number G.S.R. 127(E), dated the 1^st March, 2002 and was subsequently amended vide notification No.26/2002 dated 27.4.02, G.S.R. 305 (E) dated 27.4.02, 31/2002-C.E. dated 3.6.02, G.S.R. 402(E) dated 3.6.02, 32/2002-C.E. dated 18.6.02, G.S.R.434 (E) dated 18.6.02, 40/2002-C.E. dated 14.8.02, G.S.R.567 (E) dated 14.8.02, 41/2002-C.E. dated 19.8.02, G.S.R 581 (E) dated19.8.02, 42/2002-C.E. dated 21.8.02, G.S.R. 587(E) dated 21.8.02, 43/2002-C.E. dated 22.8.2002, G.S.R. 591(E) dated 22.8.2002, 44/2002-C.E.dated 28.8.02, G.S.R. 609(E) dated 28.8.02, 47/2002-C.E. dated 6.9.02, G.S.R. 626(E) dated 6.9.02, 50/2002-C.E.dated 25.9.02, G.S.R.663(E) dated 25.9.02, 51/2002-C.E. dated 1.10.02, G.S.R. 672(E) dated 1.10.02, 53/2002-C.E. dated 30.10.02, G.S.R. 739(E) dated 30.10.02, 55/2002-C.E. dated 7.11.02 G.S.R. 752(E) dated 7.11.02, 62/2002-C.E. dated 31.12.02,G.S.R. 858(E) dated 31.12.02, 1/2003-C.E. dated 2.1.03, G.S.R. 4(E) dated 2.1.03, 6/2003-C.E. dated 1.3.03, G.S.R. 136(E) dated 1.3.03, 18/2003-C.E. dated 3.3.03, G.S.R. 182(E) dated 3.3.03, 19/2003-C.E. dated 5.3.03, G.S.R. 192(E) dated 5.3.03, 29/2003-C.E. dated 1.4.03, G.S.R. 288(E) dated 1.4.03, 37/2003-C.E. dated 30.4.03, G.S.R. 366(E) dated 30.4.03, 45/2003-C.E. dated 14.5.03, G.S.R. 409(E) dated 14.5.03, 48/2003-C.E. dated 29.5.03, and G.S.R. 443(E) dated 29.5.03, 52/2003-C.E. dated 17.6.03, G.S.R.493 (E) dated 17.6.03, 55/2003-C.E. dated 24.6.2003, G.S.R. 510(E) dated 24.6.03, 57/2003-C.E. dated 27.6.03, G.S.R. 518(E) dated 27.6.03, 60/2003-C.E. dated 29.7.03, G.S.R. 613(E) dated 29.7.03, 63/2003-C.E. dated 31.7.2003, G.S.R. 618(E) dated 31.7.03, 64/2003-C.E. dated 6.8.03, G.S.R. 638(E) dated 6.8.03, 74/2003-C.E. dated 20.10.03, G.S.R. 828(E) dated 20.10.03, 2/2004-C.E. dated 8.1.04, G.S.R.33 (E) dated 8.1.04, 4/2004-C.E. dated 15.1.04, G.S.R. 45(E) dated 15.1.04, 5/2004-C.E. dated 19.1.04, G.S.R. 50(E) dated 19.1.04, 10/2004-C.E. dated 22.1.04, G.S.R. 69(E) dated 22.1.04, 12/2004-C.E. dated 4.2.04, G.S.R. 97(E) dated 4.2.04, 13/2004-C.E. dated 6.2.04, G.S.R. 102(E) dated 6.2.04, 16/2004-C.E. dated 28.2.04, G.S.R. 157(E) dated 28.2.04, 22/2004-C.E. dated 15.6.04, G.S.R. 360(E) dated 15.6.04, 23/2004-C.E. dated 9.7.04, G.S.R. 414(E) dated 9.7.04, 39/2004-C.E. dated 4.8.04, G.S.R. 501(E) dated 4.8.04, 42/2004-C.E. dated 9.8.04, G.S.R. 507(E) dated 9.8.04, 43/2004-C.E. dated 13.8.04, G.S.R. 523(E) dated13.8.04, 44/2004-C.E. dated 18.8.04, G.S.R. 526(E) dated 18.8.04, 45/2004-C.E. dated 27.8.04, G.S.R. 548(E) dated 27.8.04, 47/2004-C.E. dated 9.9.04, G.S.R. 581(E) dated 9.9.04, 48/2004-C.E. dated 10.9.04, G.S.R. 583(E) dated 10.9.04, 49/2004-C.E. dated 15.9.04, G.S.R.612 (E) dated 15.9.04, and 50/2004-C.E. dated 16.9.04, G.S.R. 615(E) dated 16.9.04, 51/2004-C.E. dated 17.9.04, G.S.R. 618(E) dated 17.9.04, 56/2004-C.E. dated 31.12.04, G.S.R. 850(E) dated 31.12.04, 5/2005-C.E. dated 1.3.05, G.S.R. 125(E) dated 1.3.05, 16/2005-C.E. dated 2.5.05, G.S.R. 258(E) dated 2.5.05, and 29/2005-C.E. dated 31.5.05, G.S.R. 346(E) dated 31.5.05, and 31/2005-C.E. dated 12.8.2005, G.S.R. 534(E) dated 12.8.2005.

30th December, 2005.

Notification No. 37/2005-Central Excise

In exercise of the powers conferred by sub-section (1) of section 5A of the Central Excise Act, 1944 (1 of 1944), 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. 6/2002-Central Excise, dated the 1st March, 2002, which was published in the Gazette of India, Extraordinary vide number G.S.R. 127(E), dated the 1st March, 2002, namely:-

In the said notification, in the Table, against S.No. 256, for the entry in column (3), the entry “Matches, in or in relation to the manufacture of which none of the following processes is ordinarily carried on with the aid of power, namely:-

(i) the process of giving the veneer flats or strips, the configuration of a matchbox including the outer slide or the inner slide with the use of match paper;

(ii) frame filling;

(iii) dipping of splints in the composition for match heads;

(iv) filling of boxes with matches;

(v) pasting of labels on match boxes, veneers or cardboards;

(vi) packaging.” shall be substituted.

[F.No. 332/51/2005-TRU]

(Ajay)

Under Secretary to the Government of India

dated 31.12.02,G.S.R. 858(E) dated 31.12.02, 1/2003-C.E. dated 2.1.03, G.S.R. 4(E) dated 2.1.03, 6/2003-C.E. dated 1.3.03, G.S.R. 136(E) dated 1.3.03, 18/2003-C.E. dated 3.3.03, G.S.R. 182(E) dated 3.3.03, 19/2003-C.E. dated 5.3.03, G.S.R. 192(E) dated 5.3.03, 29/2003-C.E. dated 1.4.03, G.S.R. 288(E) dated 1.4.03, 37/2003-C.E. dated 30.4.03, G.S.R. 366(E) dated 30.4.03, 45/2003-C.E. dated 14.5.03, G.S.R. 409(E) dated 14.5.03, 48/2003-C.E. dated 29.5.03, and G.S.R. 443(E) dated 29.5.03, 52/2003-C.E. dated 17.6.03, G.S.R.493 (E) dated 17.6.03, 55/2003-C.E. dated 24.6.2003, G.S.R. 510(E) dated 24.6.03, 57/2003-C.E. dated 27.6.03, G.S.R. 518(E) dated 27.6.03, 60/2003-C.E. dated 29.7.03, G.S.R. 613(E) dated 29.7.03, 63/2003-C.E. dated 31.7.2003, G.S.R. 618(E) dated 31.7.03, 64/2003-C.E. dated 6.8.03, G.S.R. 638(E) dated 6.8.03, 74/2003-C.E. dated 20.10.03, G.S.R. 828(E) dated 20.10.03, 2/2004-C.E. dated 8.1.04, G.S.R.33 (E) dated 8.1.04, 4/2004-C.E. dated 15.1.04, G.S.R. 45(E) dated 15.1.04, 5/2004-C.E. dated 19.1.04, G.S.R. 50(E) dated 19.1.04, 10/2004-C.E. dated 22.1.04, G.S.R. 69(E) dated 22.1.04, 12/2004-C.E. dated 4.2.04, G.S.R. 97(E) dated 4.2.04, 13/2004-C.E. dated 6.2.04, G.S.R. 102(E) dated 6.2.04, 16/2004-C.E. dated 28.2.04, G.S.R. 157(E) dated 28.2.04, 22/2004-C.E. dated 15.6.04, G.S.R. 360(E) dated 15.6.04, 23/2004-C.E. dated 9.7.04, G.S.R. 414(E) dated 9.7.04, 39/2004-C.E. dated 4.8.04, G.S.R. 501(E) dated 4.8.04, 42/2004-C.E. dated 9.8.04, G.S.R. 507(E) dated 9.8.04, 43/2004-C.E. dated 13.8.04, G.S.R. 523(E) dated13.8.04, 44/2004-C.E. dated 18.8.04, G.S.R. 526(E) dated 18.8.04, 45/2004-C.E. dated 27.8.04, G.S.R. 548(E) dated 27.8.04, 47/2004-C.E. dated 9.9.04, G.S.R. 581(E) dated 9.9.04, 48/2004-C.E. dated 10.9.04, G.S.R. 583(E) dated 10.9.04, 49/2004-C.E. dated 15.9.04, G.S.R.612 (E) dated 15.9.04, and 50/2004-C.E. dated 16.9.04, G.S.R. 615(E) dated 16.9.04, 51/2004-C.E. dated 17.9.04, G.S.R. 618(E) dated 17.9.04, 56/2004-C.E. dated 31.12.04, G.S.R. 850(E) dated 31.12.04, 5/2005-C.E. dated 1.3.05, G.S.R. 125(E) dated 1.3.05, 16/2005-C.E. dated 2.5.05, G.S.R. 258(E) dated 2.5.05, and 29/2005-C.E. dated 31.5.05, G.S.R. 346(E) dated 31.5.05, 31/2005-C.E. dated 12.8.2005, G.S.R. 534(E) dated 12.8.2005 and 36/2005-C.E. dated 29.12.2005, G.S.R. 752 (E).

30th December, 2005.

Notification No. 38/2005-Central Excise

In exercise of the powers conferred by sub-section (1) of section 5A Central Excise Act, 1944 (1 of 1944), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby makes the following amendment in the notification of the Government of India in the Ministry of Finance (Department of Revenue) No. 33/2005-Central Excise, dated the 8th September, 2005, namely:-

In the said notification, in condition (ii), for the words “the importer and the purchaser”, the words “the producer of power and the purchaser” shall be substituted.

[F.No. 460 / 44 /2005-Cus.V]

(Ajay)

Under Secretary to the Government of India

Note.- The principal notification 33/2005-Central Excise, dated the 8th September, 2005 was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) dated the 8th September, 2005 vide number G.S.R. 570(E), dated the 8th September, 2005.