Notification No. 26/2008-Central Excise; Dated: 05.05.2008

Serial number

Notification number and date

Amendments

(1)

(2)

(3)

1.

(i)     in the condition (4) of opening paragraph, in clause (a), after sub-clause (ii), for the proviso, the following proviso shall be substituted, namely:-

“Provided that-

(a)  where no SION have been notified, the generation of waste, scrap and remnants upto 2% of  input quantity shall be allowed;

(b)  where additional items other than those given in SION are required as input or where generation of waste, scrap and remnants is beyond 2% of the input quantity, use of such goods shall be allowed on the basis of self-declared norms till such norms are fixed on ad hoc basis by the jurisdictional Development Commissioner within a period of three months from the date of self declared norms and the unit shall undertake to adjust the self-declared/ ad hoc norms in accordance with norms as finally fixed by the Norms Committee for the unit. The ad-hoc norms will continue till such time the final norms are fixed by the Norms Committee;

(c)  in case of utilization of a large number of inputs, wide variation in quantum of consumption of inputs or such other factors which render such fixation of SION difficult in the case of a particular unit, the Norms Committee may refer the case to the Board of Approval for a decision.”;

(ii)     in the paragraph 8, after the proviso, in the clause (i), for the words “such clearance or debonding of capital goods may be allowed on payment of an amount equal to the excise duty on the depreciated value thereof and at the rate in force on the date of debonding or clearance, as the case may be.”, the following shall be substituted, namely:-

“such clearance or debonding of capital goods may be allowed on payment of an amount equal to the excise duty on the depreciated value thereof and at the rate in force on the date of debonding or clearance, as the case may be, if the unit has fulfilled the positive NFE criteria taking into consideration the depreciation allowable on the capital goods at the time of clearance or debonding. In case of failure to achieve the said positive NFE, the depreciation shall be allowed on the value of capital goods in the same proportion as the achieved portion of NFE.”;

(iii)   after paragraph 13, in the Explanation, after serial number (xii) and entry relating thereto, the following serial number and entry shall be inserted, namely:-

“(xiii) “Norms Committee” means the Norms Committee in the Directorate General of Foreign Trade, for recommending Input Output norms and value addition norms to be notified by the Director General of Foreign Trade.”

2.

23/2003- Central Excise, dated the 31st March, 2003, G.S.R. 266 (E), dated the 31st March, 2003.

(i) in the Table, after serial number 3 and the entries relating thereto , the following serial number and entries thereto shall be inserted, namely:-

(ii) after the Table, in the Annexure, after serial number 3  and entries relating thereto, the following serial number and entries thereto shall be inserted, namely:-