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In exercise of power conferred under paragraph 2.4 of the Foreign Trade Policy 2004-09, the Director General of Foreign Trade hereby makes the following amendment in the Handbook of Procedures.
The principal notification No. 20/2007-Central Excise, dated the 25th April, 2007 was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R.307(E), dated the 25th April, 2007 and was last amended vide notification no. 38 /2008-Central Excise, dated the 10th June, 2008 vide number G.S.R.446(E), dated the 10th June, 2008.
– The principal notification No. 71/2003-Central Excise, dated the 9th September, 2003 was published in the Gazette of India, Extraordinary, Part II, Section 3, Su-section (i), vide number G.S.R. 717 (E), dated the 9th September, 2003 and was last amended vide notification no. 37/2008-Central Excise, dated the 10th June, 2008 vide number G.S.R.445(E), dated the 10th June, 2008.
The principal notification No. 56/2003-Central Excise, dated the 25th June, 2003 was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 513(E), dated the 25th June, 2003 and was last amended vide notification no. 36/2008-Central Excise, dated the 10th June vide number G.S.R.444(E) , dated the 10th June 2008.
The principal notification No. 57/2002-Central Excise, dated the 14th November, 2002 was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 765 (E), dated the 14th November, 2002 and was last amended vide notification no. 35/2008-Central Excise, dated the 10th June,2008 vide number G.S.R. 443(E) , dated the 10th June,2008.
The principal notification No. 56/2002-Central Excise, dated the 14th November, 2002 was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 764 (E), dated the 14th November, 2002 and was last amended vide notification no. 34/2008-Central Excise, dated the 10th June, 2008 vide number G.S.R. 442(E), dated the 10th June, 2008.
The principal notification No. 39/2001-Central Excise, dated the 31st July, 2001 was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 565(E), dated the 31st July, 2001 and was last amended vide notification no. 33/2008-Central Excise, dated the 10th June, 2008 vide number G.S.R. 441(E), dated the 10th June, 2008.
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. 32/2008-Central Excise, dated the 10th June, 2008 vide number G.S.R 440 (E), dated the 10th June, 2008.
[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)] GOVERNMENT OF INDIA MINISTRY OF FINANCE (DEPARTMENT OF REVENUE) Notification No.49 – Central Excise New Delhi, the 3rd October, 2008 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 (Textiles 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 further amendments in the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 32/99-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. 508 (E), dated the 8th July, 1999, namely:- In the said notification, in paragraph 2A, in the TABLE, – (i) for S.No.12 and the entries relating thereto, the following shall be substituted, namely:- (1) (2) (3) (4) (5) 12 25 Cement 75 Lime stone and gypsum 12A 25 Cement clinker 75 Lime stone (ii) for S.No.13 and the entries relating thereto, the following shall be substituted, namely:- (1) (2) (3) (4) (5) 13 17 or 35 Modified starch or Glucose 75 Maize, maize starch or tapioca starch (iii) after S. No. 15 and the entries relating thereto, the following S. No. and entries shall be inserted, namely:- (1) (2) (3) (4) (5) 15A 29 or 38 Fatty acids or Glycerine 75 Crude palm kernel, coconut, mustard or rapeseed oil 15B 72 Ferro alloys, namely, ferro chrome, ferro manganese or silico manganese 75 Chrome ore or manganese ore [F. No 101/18/2008-CX-3] (Sonal Bajaj) Under Secretary to the Government of India Note:- The principal notification No. 32/99-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. 508(E), dated the 8th July, 1999 and was last amended vide notification no. 31/2008-Central Excise, dated the 10th June, 2008 vide number G.S.R 439 (E), dated the 10th June, 2008.
In the present case, admittedly, no incriminating material was found relating to the alleged unaccounted sales of jewellery by the assessee to M/s. Ranka Jewelers in the course of search carried out at the premises of the assessee. The material relied upon by the Assessing Officer was found during the search at the premises of the third party namely Prakash Salunkhe. Therefore, the question of existence of such nexus as mentioned in the preceeding paragraph simply does not arise. Consequently, no addition could be made solely on the basis of material found from the position of the third party.
