New Delhi, dated the 28th January, 2000.
08 Magha, 1921 (SAKA)

Notification No. 02/2000-C.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), the Central Government being satisfied that it is necessary in the public interest so to do, hereby directs that each of the notifications of the Government of India in the Ministry of Finance (Department of Revenue) specified in column (2) of the Table hereto annexed shall be amended or further amended, as the case may be, in the manner specified in the corresponding entry in column (3) of the said Table.

TABLE

S.No. Notification No. and date Amendment
(1) (2) (3)
1. 126/94-Central Excise, dated the 2nd September, 1994. In the said notification, –
(a) in paragraph 6, for the portion beginning with the words ” where it is shown to the satisfaction of the Assistant Commissioner” and ending with the words ” Development Commissioner of the zone,” the following shall be substituted,
namely:-
“the Assistant Commissioner of Customs may, subject to such conditions and limitations as he may deem fit to impose under the circumstances of the case for the proper safeguard of the revenue interest and also subject to such permission of the Development Commissioner of the zone where it is exclusively required under Export and Import Policy, allow any unit in the zone to clear any of the said goods for being taken outside the zone to any other place in India”;
(b) in Annexure I, for serial number 3 and the entries relating there to under column headin g”Description of Goods”, the following shall be substituted, namely:-
“3. captive power plant including captive generating set up to a capacity of 1000 KVA as recommended by the Development Commissioner and in case of the capacity exceeding 1000 KVA as recommended by the Board of Approvals.”;
2. 136-94-Central Excise, dated the 10th November, 1994. In the said notification,-
(a) in condition (h), for the words, “as may be allowed by the Board”, the following words shall be substituted namely:-
“as may be allowed by the Assistant Commissioner”;
(b) in Annexure II, item number 8 and the entries relating thereto, shall be omitted.
3. 1/95-Central Excise, dated the 4th January, 1995. In the said notification,-
(a) in paragraph 6, for the portion beginning with the words “where it is shown” and ending with the words “Board or the said Committee, as the case may be,”, the following shall be substituted, namely:-
“the Assistant Commissioner may, subject to such conditions and limitations as he may deem fit to impose under the circumstances of the case for the proper safeguard of the revenue interest and also subject to such permission of the said Board or the said Committee, as the case may be, where it is exclusively required under Export and Import Policy, allow the user industry to clear any of the said goods for being taken outside the premises of such industry to any other place in India”;
(b) in Annexure I, in the entries relating to item number 3B, the words “on the recommendation of the development Commissioner”, shall be omitted;
4. 10/95-Central Excise, dated 23rd February, 1995. In the said notification,-
(a) in paragraph 3, for the portion beginning with the words “where it is shown to the satisfaction of the Assistant Commissioner” and ending with the words “Development Commissioner or the Board,”, the following shall be substituted, namely:-
“the Assistant Commissioner may subject to such conditions and limitations as he may deem fit to impose under the circumstances of the case for the proper safeguard of the revenue interest and also subject to such permission of the Development commissioner or the Board, where it is exclusively required under the Export and Import Policy, allow any undertaking to clear any of the said goods for being taken outside the undertaking, to any other place in India”;
(b) in Annexure I,
(i) for serial number 3, and entries relating thereto the following shall be substituted, namely:–
“3. Captive power plant including power generating set up to a capacity of 1000 KVA as recommended by the Development Commissioner and accessories”;
(ii) after serial number 3, and the entries relating therto, the following shall be inserted, namely:-

Sl.No. Description of Goods
“3A. Captive power plant including power generating set of capacity exceeding 1000 KVA as recommended by the Board of Approvals and accessories.”;

 (RAJENDRA SINGH)
UNDER SECRETARY TO THE GOVERNMENT OF INDIA
F.NO. 305/129/99-FTT

Note :

1. The principal notification 126/94-Central Excise, dated the 2nd Septenber, 1994 was issued on 2nd September, 1994 vide G.S.R. 667 (E), dated 2-9-94, and was last amended by notification number 25/99-Central Excise, dated the 19th May 1999. issued vide G.S.R. 370(E), dated 19-5-99.

 2. The principal notification No. 136/94-Central Excise, dated the 10th November, 1994, was issued vide G.S.R. 798(E), dated 10-11-94, and was last amended by notification number 25/99-Central Excise, dated the 19th May 1999, issued vide G.S.R. 370(E), dated 19-5-99.

  3. The principal notification No. 1/95-Central Excise,dated the 4th January, 1995 was issued on 4th January, 1995 vide G.S.R. No. 8(E), dated 4-1-95, and was last amended by notification number 25/99-Central Excise, dated the 19th May 1999, issued vide G.S.R. 370 (E) dated 19-5-99.

   4. The principal notification 10/95-Central Excise, dated the 23rd February, 1995 was issued on 23rd February, 1995 vide G.S.R. 87(E), dated 23-2-95, and was last amended by notification number 25/99-Central Excise, dated the 19th May, 1999, issued vide G.S.R. 370(E), dated 19-5-99.

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