The excise duty exemption under the existing area based exemptions for production of gold and silver from gold dore, silver dore or any other raw material is being prospectively withdrawn. Thus, a new industrial unit engaged in production of refined gold from gold dore, silver dore or any other raw material, which commences commercial production on or after 1st day of March, 2016, shall not be eligible for the said excise duty exemption.

GOVERNMENT OF INDIA

MINISTRY OF FINANCE

(DEPARTMENT OF REVENUE)

Notification No. 5/2016 – Central Excise

New Delhi, the 1st of March, 2016

G.S.R.222 (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 further amends the following notifications of the Government of India in the Ministry of Finance (Department of Revenue), specified in column (2) of the Table below, in the manner and to the extent specified in the corresponding entry in column (3) of the said Table, namely:-

Table

Sr. No.

Notification No. and date

Amendments

(1)

(2)

(3)

1.56/2002-Central Excise, dated the 14th November, 2002. [G.S.R. 764 (E), dated the 14th November, 2002]

In the said notification, after paragraph 4, the following paragraph shall be inserted, namely :-

“5. The exemption contained in this notification shall not apply to:

(a) a new industrial unit engaged in production of refined gold or silver from gold dore, silver dore or any other raw material, which commences commercial production on or after 1st of March, 2016;

(b) an existing industrial unit as on 1st of March, 2016, which undertakes substantial expansion of existing capacity or installs fresh plant, machinery or capital goods for production of gold or silver from gold dore, silver dore or any other raw material, by using such expanded capacity or such fresh plant, machinery or capital goods, and commences commercial production from such expanded capacity or such fresh plant, machinery or capital goods, on or after 1st March, 2016.”.

2.57/2002-Central Excise, dated the 14th November, 2002. [G.S.R. 765 (E), dated the 14th November, 2002]In the said notification, after paragraph 4, the following paragraph shall be inserted, namely :-

“5. The exemption contained in this notification shall not apply to:

(a) a new industrial unit engaged in production of refined gold or silver from gold dore, silver dore or any other raw material, which commences commercial production on or after 1st of March, 2016;

(b) an existing industrial unit as on 1st of March, 2016, which undertakes substantial expansion of existing capacity or installs fresh plant, machinery or capital goods for production of gold or silver from gold dore, silver dore or any other raw material, by using such expanded capacity or such fresh plant, machinery or capital goods, and commences commercial production from such expanded capacity or such fresh plant, machinery or capital goods, on or after 1st March, 2016.”.

3.20/2007-Central Excise, dated the 25th April, 2007. [G.S.R. 307 (E), dated the 25th April, 2007]

In the said notification, after paragraph 7, the following paragraph shall be inserted, namely :-

“8. The exemption contained in this notification shall not apply to:

(a) a new industrial unit engaged in production of refined gold or silver from gold dore, silver dore or any other raw material, which commences commercial production on or after 1st of March, 2016;

(b) an existing industrial unit as on 1st of March, 2016, which undertakes substantial expansion of existing capacity or installs fresh plant, machinery or capital goods for production of gold or silver from gold dore, silver dore or any other raw material, by using such expanded capacity or such fresh plant, machinery or capital goods, and commences commercial production from such expanded capacity or such fresh plant, machinery or capital goods, on or after 1st March, 2016.”.

4.01/2010-Central Excise, dated the 6th February, 2010. [G.S.R. 62 (E), dated the 6th February, 2010]

In the said notification, after paragraph 10, the following paragraph shall be inserted, namely :-

“11. The exemption contained in this notification shall not apply to:

(a) a new industrial unit engaged in production of refined gold or silver from gold dore, silver dore or any other raw material, which commences commercial production on or after 1st of March, 2016;

(b) an existing industrial unit as on 1st of March, 2016, which undertakes substantial expansion of existing capacity or installs fresh plant, machinery or capital goods for production of gold or silver from gold dore, silver dore or any other raw material, by using such expanded capacity or such fresh plant, machinery or capital goods, and commences commercial production from such expanded capacity or such fresh plant, machinery or capital goods, on or after 1st March, 2016.”.

 [F. No. 334/8/2016 –TRU]

(K. Kalimuthu)

Under Secretary to the Government of India

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