TRADE NOTICE NO.    72  /2003

Dated:

  22.05.2003

Subject:- C.Ex. - Communication of Notification Nos. 46 /2003 - Central Excise (Non-Tariff) dated May 14, 2003   Notification Nos. 46 & 47/2003 Central Excise both dated  May 17, 2003 and Notification No. 47/2003 - Central  Excise  (Non Tariff) dated May 17, 2003.- Reg.

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 Copy of Notification Nos. 46/2003 - Central Excise (Non-Tariff) dated May 14, 2003, Notification Nos. 46 & 47/2003 Central Excise both dated May 17, 2003 and Notification No. 47/2003 - Central Excise - on Tariff) dated May 17, 2003 are communicated herewith for information and necessary action.

    The contents of the Trade Notice may be brought to the notice of all concerned.

(Issued from file C.No. IV/16/ 1 /2003 CX. Pol.)

                                                                                           Sd/-

                                                   (V.V. HARIHARAN)

                                        COMMISSIONER

 

To     As per Mailing List (Both Department & Trade)

------------------------------------------------------------------------------------------------------------ COPY OF NOTIFICATION No. 46/2003-CENTRAL EXCISE (NON- TARIFF) dated May 14, 2003

 G.S.R. (E).- In exercise of the powers conferred by section 37 of the Central Excise Act, 1944 (1 of 1944), the Central Government hereby makes the following rules further to amend the CENVAT Credit Rules, 2002, namely:-

 

1. (1) These rules may be called the CENVAT Credit (Twelfth Amendment) Rules, 2003.

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

 

2. In the CENVAT Credit Rules, 2002, in rule 3,

(A) in sub-rule (1),-

 

(a) for clause (v), the following clause shall be substituted, namely:-

      "(v) the National Calamity Contingent duty leviable under section 136 of the Finance Act, 2001 (14 of 2001), as amended by section 169 of the Finance Act, 2003 (32 of 2003);" ;

(b) in clause (vi), for the brackets, letter, word and figure "(v) above,", the brackets, letter, words and figure "(v) above; and" shall be substituted;

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

      "(vii) the additional duty of excise leviable under section 157 of the Finance Act, 2003 (32 of 2003),";

 

(B) in sub-rule (6), for clause (b), the following clause shall be substituted, namely:-

  "(b) CENVAT credit in respect of -

  (i) the additional duty of excise leviable under section 3 of the Additional Duties of Excise (Textiles and Textile Articles) Act, 1978 (40 of 1978);

(ii) the National Calamity Contingent duty leviable under section 136 of the Finance Act, 2001 (14 of 2001) as amended by section 169 of the Finance Act, 2003 (32 of 2003);

(iii) the additional duty leviable under section 3 of the Customs Tariff Act, equivalent to the duty of excise specified under sub-clauses (i) and (ii); and

(iv) the additional duty of excise leviable under section 157 of the Finance Act, 2003 (32 of 2003),

 

shall be utilized only towards payment of duty of excise leviable under the said Additional Duties of Excise (Textiles and Textile Articles) Act, or the National Calamity Contingent duty leviable under section 136 of the Finance Act, 2001 (14 of 2001) as amended by section 169 of the Finance Act, 2003 (32 of 2003), or the additional duty of excise leviable under section 157 of the Finance Act, 2003 (32 of 2003), respectively, on any final products manufactured by the manufacturer or for payment of such duty on inputs themselves if such inputs are removed as such or after being partially processed.

  Explanation.- For removal of doubts, it is clarified that the credit of the additional duty of excise leviable under section 3 of the Additional Duties of Excise (Goods of Special Importance) Act, 1957 (58 of 1957), may be utilised towards payment of duty of excise leviable under the First Schedule or the Second Schedule to the Central Excise Tariff Act, 1985 (5 of 1986).".

 

[F.No.B-6/1/2003-TRU]

(V.Sivasubramanian)

Deputy Secretary to the Government of India

 

Foot note.- The principal rules were published in the Gazette of India vide notification No.5/2002-Central Excise (N.T.), dated the 1st March, 2002, vide number GSR 144 (E), dated the 1st March, 2002 and were last amended vide notification No.43/2003-Central Excise (N.T.), dated the 12th May, 2003 vide number GSR 392(E), dated the 12th May,2003

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COPY OF NOTIFICATION No. 46/2003-CENTRAL EXCISE  dated May 17, 2003

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 136 of the Finance Act, 2001 (14 of 2001), the Central Government being satisfied that it is necessary in the public interest so to do, hereby exempts goods falling under heading No. 54.02 of the First Schedule to the Central Excise Tariff Act, 1985 (5 of 1986), from the whole  of the National Calamity Contingent Duty leviable thereon under section 136 of the said Finance Act, 2001 read with section 169 of the Finance Act, 2003 (32 of 2003), if such goods are manufactured from goods falling under heading No. 54.02 of the said First Schedule.

[F.No. B3/4/2003-TRU (Pt-II)]

(V. Sivasubramanian)

Deputy Secretary to the Government of India

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COPY OF NOTIFICATION No. 47/2003-CENTRAL EXCISE  dated May 17, 2003

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) 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 below, shall be amended  in the manner specified in the corresponding entry in column (3) of the said Table.

TABLE

S.No.

Notification No. and date

Amendments

(1)

(2)

(3)

   1.

34/2003-Central  Excise,

dated the 30th April, 2003

In the said notification,-

(i)              for the words " thirty lakh rupeesē, wherever they occur, the words " forty lakh rupees" shall be substituted;

(ii)            for the words " twenty five lakh rupees", wherever they occur, the words " thirty lakh rupees" shall be substituted.

   2.

35/2003-Central  Excise,

dated the 30th April, 2003

In the said notification,-

(i)              for the words "twenty five lakh rupees", wherever they occur, the words " thirty five lakh rupees" shall be substituted;

(ii)            for the words " twenty lakh rupees", wherever they occur, the words "twenty five lakh rupees" shall be substituted.

3.

36/2003-Central  Excise,

dated the 30th April, 2003

In the said notification,-

(a) in the opening paragraph, after item number (iv), the following shall be inserted, namely,-

"(v) terry towels falling under Chapter 63;

(vi) woolen blankets, of yarn of shoddy, falling under  Chapter 63 ";

 (b) in paragraph 2, for the words " thirty lakh rupees", wherever they occur, the words " thirty five lakh rupees" shall be substituted.

[F.No. B3/4/2003-TRU (Pt-II)]

(V. Sivasubramanian)

Deputy Secretary to the Government of India

 Footnote:

(1)    The notification No. 34/2003-Central Excise, dated the 30th April, 2003 was published in the Gazette of India, vide number G.S.R. 363 (E), dated the the 30th April, 2003.

(2)    The notification No. 35/2003-Central Excise, dated the 30th April, 2003 was published in the Gazette of India, vide number G.S.R. 364 (E), dated the the 30th April, 2003.

(3)        The notification No. 36/2003-Central Excise, dated the 30th April, 2003 was published in the Gazette of India, vide number G.S.R. 365 (E), dated the the 30th April, 2003.

 

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COPY OF NOTIFICATION No. 47/2003-CENTRAL EXCISE (NON- TARIFF) dated May 17, 2003

 In exercise of the powers conferred by sub-rule (3) of rule 9A of the CENVAT Credit Rules, 2002, the Central Government hereby makes the following amendments in the notification of  the Government of India in the Ministry of Finance (Department of Revenue) No. 35/2003-Central Excise (NT), dated the 10th April, 2003,  namely:-

            In the said notification, in the Table, for S. No.2 and the entries relating thereto, the following shall be substituted, namely:-

 

(1)

(2)

(3)

"2

finished goods lying in stock, namely,-

(a)            Unprocessed fabrics of cotton not containing any other textile material;

 

(b)            Unprocessed fabrics other than (a)   above;

 

(c)   Yarns, which were eligible for exemption, as on 31st March, 2003, from the whole of the excise duty under notification No. 6/2002-Central Excise, dated the 1st March, 2002 (other than the shoddy yarn purchased or procured from outside the factory, and subjected to any process);

(d) Article of apparel and clothing accessories falling under Chapter 61

 

Declared value multiplied by 26% of the rate of duty on such unprocessed fabrics

Declared value multiplied by 60% of the rate of duty on such unprocessed fabrics

Deemed value multiplied by the rate of duty on such yarn

 

 

Declared value multiplied by 12% of the rate of duty on such article of apparel and clothing accessories".

 

[ F.No. B-3/4/2003-TRU (Pt-II)]

(V. Sivasubramanian)

Deputy Secretary to the Government of India

 

Footnote.- The notification No. 35/2003-Central Excise (N.T.), dated the 10th April, 2003 was published in the Gazette of India, vide number G.S.R. 336 (E), dated the 10th April, 2003 .