29th June, 2001

Notification.35/2001-Central Excise

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 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 further amended, in the manner specified in the corresponding entry in column (3) of the said Table, namely:-

Table

S. No.

Notification No. and date

Amendment

(1)

(2)

(3)

1.

263/79-Central Excise dated the 22nd September, 1979

In the said notification , for the words and figures ” Rule 13 of the said rules”, the words, figures and brackets ” rule 19 of the Central Excise (No. 2) Rules, 2001″ shall be substituted.

2.

82/84-Central Excise dated the 31st March, 1984

In the said notification , in the proviso, in (ii), for the words, letter and figures, “Chapter X of the Central Excise Rules, 1944″ , the words, brackets and figures ” the Central Excise (Removal of Goods at Concessional Rate of Duty for Manufacture of Excisable Goods) Rules, 2001″ shall be substituted.

3.

138/94-Central Excise, dated the 10 th November, 1994

In the said notification , –

(i) in condition (c) for the words, figures , letters and brackets “rules 156A and 156B of the Central Excise Rules, 1944 (hereinafter referred to as the said rules) as modified by rule 173N of the said rules ” , the words, figures and brackets “the procedure specified under rule 20 of the Central Excise (No. 2) Rules, 2001” shall be substituted;

(ii) in condition (d), for the words, letter and figures, “Chapter X of the Central Excise Rules, 1944″ , the words, brackets and figures ” the Central Excise (Removal of Goods at Concessional Rate of Duty for Manufacture of Excisable Goods) Rules, 2001″ shall be substituted.

4.

63/95-Central Excise, dated the 16th March,1995

In the said notification , in the Table, against S. No. 3, in column(3), in condition (iii), for the words, letter and figures, “Chapter X of the Central Excise Rules, 1944″ , the words, brackets and figures ” the Central Excise (Removal of Goods at Concessional Rate of Duty for Manufacture of Excisable Goods) Rules, 2001″ shall be substituted.

5.

64/95-Central Excise, dated the 16th March,1995

In the said notification , in the Table,-

(i) against S. No. 6, in column(3), in condition (ii), for the words, letter and figures, “Chapter X of the Central Excise Rules, 1944″ , the words, brackets and figures ” the Central Excise (Removal of Goods at Concessional Rate of Duty for Manufacture of Excisable Goods) Rules, 2001″ shall be substituted;

(ii) against S. No. 10, in column (3), in condition (iii), for the words, letter and figures, “Chapter X of the Central Excise Rules, 1944″ , the words, brackets and figures ” the Central Excise (Removal of Goods at Concessional Rate of Duty for Manufacture of Excisable Goods) Rules, 2001″ shall be substituted;

6.

67/95-Central Excise, dated the 16th March,1995

In the said notification,-

(i)  in clause (i), for the words, figures and letters “rule 57AA of the Central Excise Rules, 1944”, the words , figures and letters “rule 3 of the CENVAT Credit Rules, 2001” shall be substituted;

(ii)  in the proviso, in (vi), for the word , figures and letters ” rule 57AD of the Central Excise Rules, 1944″, the words , figures and letters ” rule 6 of the CENVAT Credit Rules, 2001″ shall be substituted.

7.

32/99-Central Excise, dated the 8th July, 1999

In the said notification,-

(i) in paragraph 1, for the words, figures and letter “amount of duty paid by the manufacturer of goods from the account current maintained under rule 9 read with rule 173G of the Central Excise Rules, 1944”, the words and figures “amount of duty paid by the manufacturer of goods other than the amount of duty paid by utilisation of CENVAT credit under the CENVAT Credit Rules, 2001” shall be substituted;

(ii) in paragraph 2,

(a)    in clause (a), for the words “from the said account current” the words, letters and figures “, other than the amount of duty paid by utilisation of CENVAT credit under the CENVAT Credit Rules, 2001,” shall be substituted;

(b)    in clause (b), for the words “from the account current” the words, letters and figures “, other than the amount of duty paid by utilisation of CENVAT credit under the CENVAT Credit Rules, 2001,” shall be substituted.

8.

33/99-Central Excise, dated the 8th July, 1999

In the said notification,-

(i) in paragraph 1, for the words, figures and letter “amount of duty paid by the manufacturer of goods from the account current maintained under rule 9 read with rule 173G of the Central Excise Rules, 1944”, the words, letters and figures “amount of duty paid by the manufacturer of goods other than the amount of duty paid by utilisation of CENVAT credit under the CENVAT Credit Rules, 2001” shall be substituted;

(ii) in paragraph 2,

(a)   in clause (a), for the words “from the said account current” the words, letters and figures “, other than the amount of duty paid by utilisation of CENVAT credit under the CENVAT Credit Rules, 2001,” shall be substituted;

(b)    in clause (b), for the words “from the account current” the words, letters and figures “, other than the amount of duty paid by utilisation of CENVAT credit under the CENVAT Credit Rules, 2001,” shall be substituted.

9.

3/2001-Central Excise, dated the 1st March, 2001

In the said notification,-

(a)  in the Table,-

(i)    against S. No. 32, in column (3), in the Explanation ,-

1. in clause (a) for the words, brackets and figures ” sub-rule (2) of rule 140 of the Central Excise Rules, 1944″ , the words, figures and brackets ” rule 20 of the Central Excise (No. 2) Rules, 2001″ shall be substituted;

2. in clause (b) for the words and figures, “rule 140 of the Central Excise Rules, 1944″ , the words, figures and brackets ” rule 20 of the Central Excise (No. 2) Rules, 2001″ shall be substituted;

(ii)    against S. No. 33, in column (3), in the Explanation, for the words, brackets and figures, ” sub-rule (2) of rule 140 of the Central Excise Rules, 1944″ , the words, figures and brackets ” rule 20 of the Central Excise (No. 2) Rules, 2001″ shall be substituted;

(iii)   against S. No. 35, in column (3), in the Explanation, for the words, brackets and figures, ” sub-rule (2) of rule 140 of the Central Excise Rules, 1944″ , the words, figures and brackets ” rule 20 of the Central Excise (No. 2) Rules, 2001″ shall be substituted;

(iv)    against S. No. 108, in column (3), for entry (ii), following shall be substituted, namely:-

“sent outside the factory of production for conversion into hank yarn in plain (straight) reel hanks, and where such goods are removed from one factory to one or more factories, without payment of duty or otherwise, the consignor shall follow the procedure specified in terms of rule 20 of the Central Excise (No. 2) Rules, 2001.

Explanation.- For the purposes of this entry, “factory” means a factory working with the aid of power in which-

(a)   cotton yarn or jute twist, yarn, ropes and twine is spun and cotton fabrics or jute manufactures are woven; or

(b)    only cotton fabrics or jute manufactures are woven and the duty thereon is paid on square meter, ad-valorem or weight basis , as the case may be; or

(c)    only cotton yarn or jute twist, yarn, thread, ropes and twine is spun, or otherwise manufactured.”;

(v)   against S. No. 143, in column (3), for the words, letter and figures, “Chapter X of the Central Excise Rules, 1944″ , the words, brackets and figures ” the Central Excise (Removal of Goods at Concessional Rate of Duty for Manufacture of Excisable Goods) Rules, 2001″ shall be substituted;

(vi)    against S. No. 158, in column (3), for the words, letter and figures, “rule 57AB or 57AK of the Central Excise Rules, 1944″ , the words, figures and letters ” rule 3 or rule 11 of the CENVAT Credit Rules, 2001″ shall be substituted;

(vii)   against S. No. 162, in column (3), for the words, letter and figures, “Chapter X of the Central Excise Rules, 1944″ , the words, brackets and figures ” the Central Excise (Removal of Goods at Concessional Rate of Duty for Manufacture of Excisable Goods) Rules, 2001″ shall be substituted;

(b) in the Annexure,-

(i)    in condition No. 4, for the words, letter and figures “Chapter X of the Central Excise Rules, 1944″ , the words, brackets and figures ” the Central Excise (Removal of Goods at Concessional Rate of Duty for Manufacture of Excisable Goods) Rules, 2001″ shall be substituted;

(ii)    in condition No. 18 , in clause (iii), for the words, figures and letters, “rule 57AB or rule 57AK of the Central Excise Rules, 1944″ , the words, figures and letters ” rule 3 or rule 11 of the CENVAT Credit Rules, 2001″ shall be substituted;

(iii)   in condition No. 19, for the words, figures and letters, “rule 57AB or rule 57AK of the Central Excise Rules, 1944″, the words, figures and letters ” rule 3 or rule 11 of the CENVAT Credit Rules, 2001″ shall be substituted;

(iv)   in condition No. 22, in clause (ii), for the words, figures and letters “rule 57AB or rule 57AK of the Central Excise Rules, 1944″, the words, figures and letters ” rule 3 or rule 11 of the CENVAT Credit Rules, 2001″ shall be substituted;

(v)   in condition No. 23, in clause (ii), for the words, figures and letters “rule 57AB or rule 57AK of the Central Excise Rules, 1944″, the words, figures and letters ” rule 3 or rule 11 of the CENVAT Credit Rules, 2001″ shall be substituted;

(vi)   in condition No. 30, for the words, figures and letters “rule 57AB or rule 57AK of the Central Excise Rules, 1944″, the words, figures and letters ” rule 3 or rule 11 of the CENVAT Credit Rules, 2001″ shall be substituted;

(vii)    condition No. 33, in clause (a), for the words, figures and letters “rule 57AB or rule 57AK of the Central Excise Rules, 1944″, the words, figures and letters ” rule 3 or rule 11 of the CENVAT Credit Rules, 2001″ shall be substituted”;

(viii)   in condition No. 37, for the words, figures and letters “rule 57AB or rule 57AK of the Central Excise Rules, 1944″, the words, figures and letters ” rule 3 or rule 11 of the CENVAT Credit Rules, 2001″ shall be substituted;

(ix)   in condition No. 41, for the words, figures and letters “rule 57AB or rule 57AK of the Central Excise Rules, 1944″, the words, figures and letters ” rule 3 or rule 11 of the CENVAT Credit Rules, 2001″ shall be substituted;

(x)    in condition No. 42, for the words, figures and letters “rule 57AB or rule 57AK of the Central Excise Rules, 1944″, the words, figures and letters ” rule 3 or rule 11 of the CENVAT Credit Rules, 2001″ shall be substituted;

(xi)    in condition No. 47, in clause (ii), in sub-clause (b), for the words, letter and figures “Chapter X of the Central Excise Rules, 1944″, the words, brackets and figures ” the Central Excise (Removal of Goods at Concessional Rate of Duty for Manufacture of Excisable Goods) Rules, 2001″ shall be substituted;

(xii)    in condition No. 49, in clause (i), in sub-clause (b), for the words, letter and figures “rule 57AB or rule 57AK of the Central Excise Rules, 1944″, the words, figures and letters ” rule 3 or rule 11 of the CENVAT Credit Rules, 2001″ shall be substituted;

10.

8/2001-Central Excise, dated the 1st March, 2001

In the said notification,-

(i) in paragraph 2,-

(a) in clause (iii), for the words, figures and letters “rule 57AB or rule 57AK of the Central Excise Rules, 1944″, the words and figures ” rule 3 or rule 11 of the CENVAT Credit Rules, 2001″ shall be substituted;

(b) in clause (iv), for the words, figures and letters “rule 57AB or rule 57AK of the said rules”, the words and figures ” rule 3 or rule 11 of the said rules” shall be substituted

(ii) in paragraph 4, in clause (a), for the words, letter and figure “Chapter X of the Central Excise Rules, 1944″, the words, brackets and figures ” the Central Excise (Removal of Goods at Concessional Rate of Duty for Manufacture of Excisable Goods) Rules, 2001″ shall be substituted;

(iii) in the Explanation , for the words, figures and letters ” rule 7AA of the said rules”, the words, brackets and figures ” sub-rule(3) of rule 4 of the Central Excise (No. 2) Rules, 2001″ shall be substituted.

11.

9/2001-Central Excise, dated the 1st March, 2001

In the said notification, –

(a) in paragraph 4, in clause (a),-

(i) for the words, figures and letter “Chapter X of the Central Excise Rules, 1944″, the words, brackets and figures ” the Central Excise (Removal of Goods at Concessional Rate of Duty for Manufacture of Excisable Goods) Rules, 2001″ shall be substituted;

(ii) in the proviso, for the words and letter “Chapter X of the Central Excise Rules, 1944″, the words, brackets and figures ” the Central Excise (Removal of Goods at Concessional Rate of Duty for Manufacture of Excisable Goods) Rules, 2001″ shall be substituted .

(b) in the Explanation , for the words, figures and letters ” rule 7AA of the said rules”, the words, brackets and figures ” sub-rule(3) of rule 4 of the Central Excise (No. 2) Rules, 2001″ shall be substituted.

12.

27/2001-Central Excise, dated the 11th May, 2001

In the said notification, in paragraph 1, for the words, figures and letter “amount of duty paid by the manufacturer of goods from the account current maintained under rule 9 read with rule 173G of the Central Excise Rules, 1944”, the words, letters and figures “amount of duty paid by the manufacturer of goods other than the amount of duty paid by utilisation of CENVAT credit under the CENVAT Credit Rules, 2001” shall be substituted.

2. This notification shall come into effect on and from the first day of July, 2001.

F.No.354/66 /2001-TRU

(G. D. Lohani)
Under Secretary to Government of India

Note:

1) The principal notification No. 263/79-Central Excise dated 22nd September, 1979 was last amended by notification No. 213/87-Central Excise, dated the 14th September, 1987

(2) The principal notification No. 82/84-Central Excise dated the 31st March, 1984 was last amended by notification No.96/95-Central Excise, dated the 26th May, 1995

(3) The principal notification No. 138/94-Central Excise dated the 10th November, 1994 was last amended by notification No.26/95-Central Excise (N. T.), dated the 5th June, 1995

(4) The principal notification No.63/95-Central Excise dated the 16th March, 1995 was published in the Gazette of India, Extraordinary vide G.S.R.No.255(E) , dated the 16th March, 1995 and was last amended by notification No.7/99-Central Excise, dated the 28th February, 1999 [G.S.R. No. 169 (E), dated the 28th February, 1999]

(5) The principal notification No.64/95-Central Excise dated the 16th March, 1995 was published in the Gazette of India, Extraordinary vide G.S.R.No.256 (E) , dated the 16th March, 1995 and was last amended by notification No. 49/2000-Central Excise, dated the 29th September, 2000

(6) The principal notification No.67/95-Central Excise dated the 16th March, 1995 was published in the Gazette of India, Extraordinary vide G.S.R.No.259(E) , dated the 16th March, 1995 and was last amended by notification No.31/2001-Central Excise, dated the 1st June, [G.S.R. No. 408 (E), dated the 31st March,2000]

(7) The principal notification No. 32/99-Central Excise, dated the 8th July, 1999 was published in the Gazette of India, Extraordinary vide number G.S.R. 508 (E), dated the 8th July, 1999 and was last amended by notification No. 19/2001-Central Excise, dated the 30th April, 2001 [ G.S.R. 307 (E), dated the 30th April, 2001]

(8) The principal notification No. 33/99 -Central Excise, dated the 8th July, 1999 was published in the Gazette of India, Extraordinary vide number G.S.R. 509(E), dated the 8th July, 1999 and was last amended by notification No. 6/2001-Central Excise, dated the 1st March, 2001 [ G.S.R. 131 (E), dated the 1st March, 2001]

(9) The principal notification was published in the Gazette of India, Extraordinary, vide notification No. 3/2001-Central Excise, dated the 1st March, 2001 [G.S.R. 128 (E) dated the 1st March, 2001] and was last amended by notification No. 30 /2001-Central Excise, dated the 29th May, 2001 [G.S.R. 395 (E) dated the 29th May, 2001]

(10) The principal notification No. 8/2001 -Central Excise, dated the 1st March, 2001 was published in the Gazette of India, Extraordinary vide number G.S.R. 133 (E), dated the 1st March, 2001 and was last amended by notification No. 23/2001-Central Excise, dated the 30th April, 2001 [ G.S.R. 312 (E), dated the 30th April, 2001]

(11) The principal notification No. 9/2001 -Central Excise, dated the 1st March, 2001 was published in the Gazette of India, Extraordinary vide number G.S.R. 134 (E), dated the 1st March, 2001 and was last amended by notification No. 23/2001-Central Excise, dated the 30th April, 2001 [G.S.R. 312 (E), dated the 30th April, 2001]

(12) The principal notification No. 27/2001 -Central Excise, dated the 11th May, 2001 was published in the Gazette of India, Extraordinary vide number G.S.R. 348 (E), dated the 11th t May, 2001.

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