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Trade
Notice No
73 /2001
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Dated:
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18-07-2001
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Sub: C.Ex -
Communication of Notification No. 35/2001-
C.Ex dated 29-06-2001 - Reg.
-x-x-x-x-
Copy of Notification No. 35/2001 C.Ex dated 29-06-2001 issued
by the Government of India, Ministry of Finance, Department of Revenue
New Delhi amending
various Notifications is communicated
herewith for information.
The
contents of the Trade Notice may be
brought to the notice of all concerned.
(Issued from file C.No.IV/16/2/2001 CX POL)
/SD/-
(JANAKIARUNKUMAR)
ADDL.
COMMISSIONER (TECH)
To
As
per mailing list
(Both
department and trade)
29th
June, 2001
Notification.35
/2001-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 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 further amended,
in the manner specified in the corresponding entry in column (3) of
the said Table, namely:-
Table
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S.
No.
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Notification
No. and date
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Amendment
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(1)
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(2)
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(3)
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1.
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263/79-Central
Excise dated the 22nd September, 1979
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In
the said notification , for the words and figures "
Rule 13 of the said rules", the words, figures and
brackets " rule 19 of the Central Excise (No. 2) Rules,
2001" shall be substituted.
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2.
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82/84-Central
Excise dated the 31st March, 1984
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In
the said notification , in the proviso, in (ii), for the
words, letter and figures, "Chapter X of the Central
Excise Rules, 1944" , the words, brackets and figures
" the Central Excise (Removal of Goods at Concessional
Rate of Duty for Manufacture of Excisable Goods) Rules,
2001" shall be substituted.
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3.
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138/94-Central
Excise, dated the 10 th November, 1994
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In
the said notification , -
(i)
in condition (c) for the words, figures , letters and
brackets "rules 156A and 156B of the Central Excise
Rules, 1944 (hereinafter referred to as the said rules) as
modified by rule 173N of the said rules " , the words,
figures and brackets "the procedure specified under
rule 20 of the Central Excise (No. 2) Rules, 2001"
shall be substituted;
(ii)
in condition (d), for the words, letter and figures,
"Chapter X of the Central Excise Rules, 1944" ,
the words, brackets and figures " the Central Excise
(Removal of Goods at Concessional Rate of Duty for
Manufacture of Excisable Goods) Rules, 2001" shall be
substituted.
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4.
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63/95-Central
Excise, dated the 16th March,1995
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In
the said notification , in the Table, against S. No. 3, in
column(3), in condition (iii), for the words, letter and
figures, "Chapter X of the Central Excise Rules,
1944" , the words, brackets and figures " the
Central Excise (Removal of Goods at Concessional Rate of
Duty for Manufacture of Excisable Goods) Rules, 2001"
shall be substituted.
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5.
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64/95-Central
Excise, dated the 16th March,1995
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In
the said notification , in the Table,-
(i)
against S. No. 6, in column(3), in condition (ii), for the
words, letter and figures, "Chapter X of the Central
Excise Rules, 1944" , the words, brackets and figures
" the Central Excise (Removal of Goods at Concessional
Rate of Duty for Manufacture of Excisable Goods) Rules,
2001" shall be substituted;
(ii)
against S. No. 10, in column (3), in condition (iii), for
the words, letter and figures, "Chapter X of the
Central Excise Rules, 1944" , the words, brackets and
figures " the Central Excise (Removal of Goods at
Concessional Rate of Duty for Manufacture of Excisable
Goods) Rules, 2001" shall be substituted;
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6.
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67/95-Central
Excise, dated the 16th March,1995
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In
the said notification,-
(i)
in clause (i), for the
words, figures and letters "rule 57AA of the Central
Excise Rules, 1944", the words , figures and letters
"rule 3 of the CENVAT Credit Rules, 2001" shall be
substituted;
(ii)
in the proviso, in (vi), for the word , figures and letters
" rule 57AD of the Central Excise Rules, 1944",
the words , figures and letters " rule 6 of the CENVAT
Credit Rules, 2001" shall be substituted.
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7.
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32/99-Central
Excise, dated the 8th July, 1999
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In
the said notification,-
(i)
in paragraph 1, for the words, figures and letter
"amount of duty paid by the manufacturer of goods from
the account current maintained under rule 9 read with rule
173G of the Central Excise Rules, 1944", the words and
figures "amount of duty paid by the manufacturer of
goods other than the amount of duty paid by utilisation of
CENVAT credit under the CENVAT Credit Rules, 2001"
shall be substituted;
(ii)
in paragraph 2,
(a) in
clause (a), for the words "from the said account
current" the words, letters and figures ", other
than the amount of duty paid by utilisation of CENVAT credit
under the CENVAT Credit Rules, 2001," shall be
substituted;
(b) in
clause (b), for the words "from the account
current" the words, letters and figures ", other
than the amount of duty paid by utilisation of CENVAT credit
under the CENVAT Credit Rules, 2001," shall be
substituted.
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8.
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33/99-Central
Excise, dated the 8th July, 1999
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In
the said notification,-
(i)
in paragraph 1, for the words, figures and letter
"amount of duty paid by the manufacturer of goods from
the account current maintained under rule 9 read with rule
173G of the Central Excise Rules, 1944", the words,
letters and figures "amount of duty paid by the
manufacturer of goods other than the amount of duty paid by
utilisation of CENVAT credit under the CENVAT Credit Rules,
2001" shall be substituted;
(ii)
in paragraph 2,
(a) in
clause (a), for the words "from the said account
current" the words, letters and figures ", other
than the amount of duty paid by utilisation of CENVAT credit
under the CENVAT Credit Rules, 2001," shall be
substituted;
(b) in
clause (b), for the words "from the account
current" the words, letters and figures ", other
than the amount of duty paid by utilisation of CENVAT credit
under the CENVAT Credit Rules, 2001," shall be
substituted.
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9.
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3/2001-Central
Excise, dated the 1st March, 2001
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In
the said notification,-
(a)
in the Table,-
(i)
against S. No. 32, in column (3), in the Explanation
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- in
clause (a) for the words, brackets and figures "
sub-rule (2) of rule 140 of the Central Excise Rules,
1944" , the words, figures and brackets "
rule 20 of the Central Excise (No. 2) Rules,
2001" shall be substituted;
- in
clause (b) for the words and figures, "rule 140
of the Central Excise Rules, 1944" , the words,
figures and brackets " rule 20 of the Central
Excise (No. 2) Rules, 2001" shall be substituted;
(ii)
against S. No. 33, in column (3), in the Explanation,
for the words, brackets and figures, " sub-rule (2) of
rule 140 of the Central Excise Rules, 1944" , the
words, figures and brackets " rule 20 of the Central
Excise (No. 2) Rules, 2001" shall be substituted;
(iii)
against S. No. 35, in column (3), in the Explanation,
for the words, brackets and figures, " sub-rule (2) of
rule 140 of the Central Excise Rules, 1944" , the
words, figures and brackets " rule 20 of the Central
Excise (No. 2) Rules, 2001" shall be substituted;
(iv)
against S. No. 108, in column (3), for entry (ii), following
shall be substituted, namely:-
"sent
outside the factory of production for conversion into hank
yarn in plain (straight) reel hanks, and where such goods
are removed from one factory to one or more factories,
without payment of duty or otherwise, the consignor shall
follow the procedure specified in terms of rule 20 of the
Central Excise (No. 2) Rules, 2001.
Explanation.-
For the purposes of this entry, "factory" means a
factory working with the aid of power in which-
(a) cotton
yarn or jute twist, yarn, ropes and twine is spun and cotton
fabrics or jute manufactures are woven; or
(b) only
cotton fabrics or jute manufactures are woven and the duty
thereon is paid on square meter, ad-valorem or weight basis
, as the case may be; or
(c) only
cotton yarn or jute twist, yarn, thread, ropes and twine is
spun, or otherwise manufactured.";
(v)
against S. No. 143, in column (3), for the words, letter and
figures, "Chapter X of the Central Excise Rules,
1944" , the words, brackets and figures " the
Central Excise (Removal of Goods at Concessional Rate of
Duty for Manufacture of Excisable Goods) Rules, 2001"
shall be substituted;
(vi)
against S. No. 158, in column (3), for the words, letter and
figures, "rule 57AB or 57AK of the Central Excise
Rules, 1944" , the words, figures and letters "
rule 3 or rule 11 of the CENVAT Credit Rules, 2001"
shall be substituted;
(vii)
against S. No. 162, in column (3), for the words, letter and
figures, "Chapter X of the Central Excise Rules,
1944" , the words, brackets and figures " the
Central Excise (Removal of Goods at Concessional Rate of
Duty for Manufacture of Excisable Goods) Rules, 2001"
shall be substituted;
(b)
in the Annexure,-
(i) in
condition No. 4, for the words, letter and figures
"Chapter X of the Central Excise Rules, 1944" ,
the words, brackets and figures " the Central Excise
(Removal of Goods at Concessional Rate of Duty for
Manufacture of Excisable Goods) Rules, 2001" shall be
substituted;
(ii) in
condition No. 18 , in clause (iii), for the words, figures
and letters, "rule 57AB or rule 57AK of the Central
Excise Rules, 1944" , the words, figures and letters
" rule 3 or rule 11 of the CENVAT Credit Rules,
2001" shall be substituted;
(iii) in
condition No. 19, for the words, figures and letters,
"rule 57AB or rule 57AK of the Central Excise Rules,
1944", the words, figures and letters " rule 3 or
rule 11 of the CENVAT Credit Rules, 2001" shall be
substituted;
(iv) in
condition No. 22, in clause (ii), for the words, figures and
letters "rule 57AB or rule 57AK of the Central Excise
Rules, 1944", the words, figures and letters "
rule 3 or rule 11 of the CENVAT Credit Rules, 2001"
shall be substituted;
(v) in
condition No. 23, in clause (ii), for the words, figures and
letters "rule 57AB or rule 57AK of the Central Excise
Rules, 1944", the words, figures and letters "
rule 3 or rule 11 of the CENVAT Credit Rules, 2001"
shall be substituted;
(vi) in
condition No. 30, for the words, figures and letters
"rule 57AB or rule 57AK of the Central Excise Rules,
1944", the words, figures and letters " rule 3 or
rule 11 of the CENVAT Credit Rules, 2001" shall be
substituted;
(vii)
condition No. 33, in clause (a), for the words, figures and
letters "rule 57AB or rule 57AK of the Central Excise
Rules, 1944", the words, figures and letters "
rule 3 or rule 11 of the CENVAT Credit Rules, 2001"
shall be substituted";
(viii) in
condition No. 37, for the words, figures and letters
"rule 57AB or rule 57AK of the Central Excise Rules,
1944", the words, figures and letters " rule 3 or
rule 11 of the CENVAT Credit Rules, 2001" shall be
substituted;
(ix) in
condition No. 41, for the words, figures and letters
"rule 57AB or rule 57AK of the Central Excise Rules,
1944", the words, figures and letters " rule 3 or
rule 11 of the CENVAT Credit Rules, 2001" shall be
substituted;
(x) in
condition No. 42, for the words, figures and letters
"rule 57AB or rule 57AK of the Central Excise Rules,
1944", the words, figures and letters " rule 3 or
rule 11 of the CENVAT Credit Rules, 2001" shall be
substituted;
(xi) in
condition No. 47, in clause (ii), in sub-clause (b), for the
words, letter and figures "Chapter X of the Central
Excise Rules, 1944", the words, brackets and figures
" the Central Excise (Removal of Goods at Concessional
Rate of Duty for Manufacture of Excisable Goods) Rules,
2001" shall be substituted;
(xii) in
condition No. 49, in clause (i), in sub-clause (b), for the
words, letter and figures "rule 57AB or rule 57AK of
the Central Excise Rules, 1944", the words, figures and
letters " rule 3 or rule 11 of the CENVAT Credit Rules,
2001" shall be substituted;
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10.
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8/2001-Central
Excise, dated the 1st March, 2001
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In
the said notification,-
(i)
in paragraph 2,-
(a)
in clause (iii), for the words, figures and letters
"rule 57AB or rule 57AK of the Central Excise Rules,
1944", the words and figures " rule 3 or rule 11
of the CENVAT Credit Rules, 2001" shall be substituted;
(b)
in clause (iv), for the words, figures and letters
"rule 57AB or rule 57AK of the said rules", the
words and figures " rule 3 or rule 11 of the said
rules" shall be substituted
(ii)
in paragraph 4, in clause (a), for the words, letter and
figure "Chapter X of the Central Excise Rules,
1944", the words, brackets and figures " the
Central Excise (Removal of Goods at Concessional Rate of
Duty for Manufacture of Excisable Goods) Rules, 2001"
shall be substituted;
(iii)
in the Explanation
, for the words, figures and letters " rule 7AA of the
said rules", the words, brackets and figures "
sub-rule(3) of rule 4 of the Central Excise (No. 2) Rules,
2001" shall be substituted.
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11.
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9/2001-Central
Excise, dated the 1st March, 2001
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In
the said notification, -
(a)
in paragraph 4, in clause (a),-
(i)
for the words, figures and letter "Chapter X of the
Central Excise Rules, 1944", the words, brackets and
figures " the Central Excise (Removal of Goods at
Concessional Rate of Duty for Manufacture of Excisable
Goods) Rules, 2001" shall be substituted;
(ii)
in the proviso, for the words and letter "Chapter X of
the Central Excise Rules, 1944", the words, brackets
and figures " the Central Excise (Removal of Goods at
Concessional Rate of Duty for Manufacture of Excisable
Goods) Rules, 2001" shall be substituted .
(b)
in the Explanation
, for the words, figures and letters " rule 7AA of the
said rules", the words, brackets and figures "
sub-rule(3) of rule 4 of the Central Excise (No. 2) Rules,
2001" shall be substituted.
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12.
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27/2001-Central
Excise, dated the 11th May, 2001
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In
the said notification, in paragraph 1, for the words,
figures and letter "amount of duty paid by the
manufacturer of goods from the account current maintained
under rule 9 read with rule 173G of the Central Excise
Rules, 1944", the words, letters and figures
"amount of duty paid by the manufacturer of goods other
than the amount of duty paid by utilisation of CENVAT credit
under the CENVAT Credit Rules, 2001" shall be
substituted.
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2. This notification
shall come into effect on and from the first day of July, 2001.
F.No.354/66
/2001-TRU
/sd/-
(G.D.Lohani)
Under Secretary to Government of India
Note:
1)
The principal notification No. 263/79-Central Excise dated 22nd
September, 1979 was last amended by notification No. 213/87-Central
Excise, dated the 14th September, 1987
(2)
The principal notification No. 82/84-Central Excise dated the 31st
March, 1984 was last amended by notification No.96/95-Central Excise,
dated the 26th May, 1995
(3)
The principal notification No. 138/94-Central Excise dated the 10th
November, 1994 was last amended by notification No.26/95-Central
Excise (N. T.), dated the 5th June, 1995
(4)
The principal notification No.63/95-Central Excise dated the 16th
March, 1995 was published in the Gazette of India, Extraordinary vide
G.S.R.No.255(E) , dated the 16th March, 1995 and was
last amended by notification No.7/99-Central Excise, dated the 28th
February, 1999 [G.S.R. No. 169 (E), dated the 28th
February, 1999]
(5)
The principal notification No.64/95-Central Excise dated the 16th
March, 1995 was published in the Gazette of India, Extraordinary vide
G.S.R.No.256 (E) , dated the 16th March, 1995 and was
last amended by notification No. 49/2000-Central Excise, dated the 29th
September, 2000
(6)
The principal notification No.67/95-Central Excise dated the 16th
March, 1995 was published in the Gazette of India, Extraordinary vide
G.S.R.No.259(E) , dated the 16th March, 1995 and was
last amended by notification No.31/2001-Central Excise, dated the 1st
June, [G.S.R. No. 408 (E), dated the 31st March,2000]
(7)
The principal notification No. 32/99-Central Excise, dated the 8th
July, 1999 was published in the Gazette of India, Extraordinary vide
number G.S.R. 508 (E), dated the 8th July, 1999 and was last amended
by notification No. 19/2001-Central Excise, dated the 30th
April, 2001 [ G.S.R. 307 (E), dated the 30th April, 2001]
(8)
The principal notification No. 33/99 -Central Excise, dated the 8th
July, 1999 was published in the Gazette of India, Extraordinary
vide number G.S.R. 509(E), dated the 8th July, 1999 and
was last amended by notification No. 6/2001-Central Excise, dated the
1st March, 2001 [ G.S.R. 131 (E), dated the 1st
March, 2001]
(9)
The principal notification was published in the Gazette of India,
Extraordinary, vide notification No. 3/2001-Central Excise, dated the
1st March, 2001 [G.S.R. 128 (E) dated the 1st
March, 2001] and was last amended by notification No. 30 /2001-Central
Excise, dated the 29th May, 2001 [G.S.R. 395 (E) dated the 29th May,
2001]
(10)
The principal notification No. 8/2001 -Central Excise, dated the 1st
March, 2001 was published in the Gazette of India, Extraordinary
vide number G.S.R. 133 (E), dated the 1st March, 2001
and was last amended by notification No. 23/2001-Central Excise, dated
the 30th April, 2001 [ G.S.R. 312 (E), dated the 30th
April, 2001]
(11)
The principal notification No. 9/2001 -Central Excise, dated the 1st
March, 2001 was published in the Gazette of India, Extraordinary
vide number G.S.R. 134 (E), dated the 1st March, 2001
and was last amended by notification No. 23/2001-Central Excise, dated
the 30th April, 2001 [G.S.R. 312 (E), dated the 30th
April, 2001]
(12)
The principal notification No. 27/2001 -Central Excise, dated the 11th
May, 2001 was published in the Gazette of India, Extraordinary vide
number G.S.R. 348 (E), dated the 11th t May, 2001.
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