Excise Duty Act, Rules Articles News Notification Circulars Instructions. Input Credit, Cenvat, Duty Rate, SSI Exemption, Excise on Jewellery,Excise on Garment
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The principal notification No. 58/2003-CENTRAL EXCISE, dated the 22nd July, 2003, was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide G.S.R 575 ( E), dated the 22nd July, 2003 and was last amended by notification No.77/2003-Central Excise, dated the 29th November, 2003 [G.S.R. 812 (E), dated the 29th November, 2003.
The principal notification No. 7/2003-Central Excise, dated the 1st March, 2003 was published in the Gazette of India vide number G.S.R. 137(E), dated the 1st March, 2003 and was last amended vide notification No. 75 /2003-Central Excise, dated the 27th October, 2003[G.S.R. 842(E), dated the 27th October, 2003.
In exercise of the powers conferred by sub-rule (2) of rule 3 of the Central Excise Rules, 2002, the Central Board of Excise and Customs hereby makes the following further amendments in the notification of the Government of India in the Ministry of Finance (Department of Revenue), number 14/2002-Central Excise (N.T.), dated the 8th March, 2002
n the said notification, in Annexure II, under heading ‘2. JAMMU PROVINCE’, in sub-heading ‘(I) DISTRICT JAMMU’, under heading ‘(C) Existing location run by Directorate of Industries and Commerce’, in the Table, against S.No. 2, in column ‘Name of the Industrial Area’, for the entry “E.P.I.P. Kartholi Bari Brahamana”, the entry “SIDCO Industrial Complex Bari Brahmana or E.P.I.P. Kartholi or Village Kartholi or Village Birpur”, shall be substituted.
I am directed to state that instances have come to the notice of the Board that even after the completion of one month period from the due date where the amount of duty outstanding and the interest payable thereon are not paid within the due date, immediate necessary action as per law to recover such arrears is not taken by the field officers. It has also been represented to Board by Trade and Industry that in the event, the duty is not being paid by the manufacturer of the goods
Please refer to Board’s Circular No.744/60/2003-CX Dated 11.09.2003, whereby it was informed that Department’s appeal on the above issue, in the case of T.V.S. Suzuki Ltd., has been dismissed by the Hon’ble Supreme Court vide their judgment dated 06.08.2003 [reported in 2003 (156) ELT 161 (SC)] and that the said judgment has been accepted by the Board.
Kind attention is invited to the judgment of the Hon’ble Supreme Court in the case of Commissioner of Customs, Chennai vs. M/s. Yeses International [2001 (133) ELT 526 (SC)], on the above subject. As indicated in Para 6 of the said judgment, as regards the demurrage charges, counsel for the Department had stated that they cannot be included in the assessable value.
In exercise of the powers conferred by clauses (i ) and (ii) of section 133 of the Finance Act, 2002 (20 of 2002), the Central Government hereby further amends the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 58/2003-CENTRAL EXCISE (N.T.), dated the 22nd July, 2003, published in the Gazette of India
The principal notification No. 59/2003-CENTRAL EXCISE, dated the 22nd July, 2003, was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide G.S.R 576 (E), dated the 22nd July, 2003 and was last amended by notification No. 73/2003-Central Excise, dated the 14th October, 2003 [G.S.R. 812 (E), dated the 14th October, 2003.
I am directed to say that the issue whether the amount of “Dharmada” collected from the buyers by the assessee is includible in the assessable value or not has been subject matter of dispute in a number of cases. Recently, this issue again came up before the Hon”ble Supreme Court in Civil Appeal Nos. 7900-7902/95 in the case of CCE, Allahabad v. M/s. Panchmukhi Engg. Works & Ors. and the Hon”ble Supreme Court vide its order dated 28-11-2002 allowed the appeals in favour of Revenue.
