Grants exemption from Basic Excise Duty to goods donated or purchased out of cash donations for the relief and rehabilitation of people affected by the floods in the State of Jammu and Kashmir
In exercise of the power conferred under Section 5A of the Central Excise Act, 1944 (the Excise Act), the Central Government vide the Notification No. 25/2014-Central Excise (Tariff) dated December 11, 2014 has exempted the goods donated or purchased out of cash donations for the relief and rehabilitation of people affected by the floods in the State of Jammu and Kashmir (the State) from the duty of Excise leviable thereon under the Excise Act.
Such exemption is subject to the following conditions:
1. That it is certified by the manufacturer of such goods that the goods are intended to be donated for the said Purpose and free of cost;
2. That the goods are sent directly from the factory of the manufacturer or warehouse to the Central Government, or the State, or the relief agencies as approved by the Central Government or the State as the case may be;
3. That the manufacturer produces before the jurisdictional Deputy Commissioner or the Assistant Commissioner of Central Excise, as the case may be, within six months from the date of removal of the goods or within such extended period as the said officer may allow, a certificate from the District Magistrate of the affected area in the State that the said goods have been donated for use of the said purpose.
The Notification shall remain in force up to and inclusive of the March 31, 2015.
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Related Notification is as follows :-
Notification No. 25/2014-Central Excise
Dated- 11th December, 2014
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), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby exempts all goods falling under the First Schedule to the Central Excise Tariff Act, 1985 (5 of 1986) donated or purchased out of cash donations, for the relief and rehabilitation of the people affected by the floods in the State of Jammu and Kashmir from the duty of excise leviable thereon under the Central Excise Act, 1944, subject to the following conditions, namely:-
(i) that it is certified by the manufacturer of such goods on the relevant clearance documents that the goods are intended to be donated for the relief and rehabilitation of the people affected by the floods in the said State free of cost;
(ii) that the goods are sent directly from the factory of the manufacturer or warehouse to the Central Government, the Government of Jammu and Kashmir; or as the case may be, the relief agencies of the Central Government, the Government of Jammu and Kashmir including the relief agencies duly approved by the Central Government or the Government of Jammu and Kashmir; and
(iii) that the manufacturer produces before the jurisdictional Deputy Commissioner or the Assistant Commissioner of Central Excise, as the case may be, within six months from the date of removal of the goods or within such extended period as the said officer may allow, a certificate from the District Magistrate of the affected area in the State of Jammu and Kashmir that the said goods have been donated for use for the aforesaid purpose.
2. This notification shall remain in force upto and inclusive of the 31st March, 2015.
[F.No. 356/24/2014-TRU]
(Akshay Joshi)
Under Secretary to the Government of India
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