This Notification extends the benefit of Section 11C of the Central Excise Act, 1944 to capital goods credit to manufacturers of copper for use in the manufacture of handicrafts etc.

16th November, 2000

Notification No. 53/2000-Central Excise (N.T.)

Whereas the Central Government had imposed a concessional rate of excise duty of Rupees 3100 per metric tonne on trimmed or untrimmed sheets or circles of copper, falling under heading No. 74.09 of the First Schedule to the Central Excise Tariff Act, 1985 (6 of 1986) (hereinafter referred to as the said Tariff Act) intended for use in the manufacture of handicrafts or utensils, subject to the condition that the manufacturer did not avail the credit of excise duty paid , under rule 57A or rule 57B or rule 57Q of the Central Excise Rules, 1944 (hereinafter referred to as the said Rules) as were in existence during the relevant time, and there are manufacturers who manufacture and clear both trimmed or untrimmed sheets or circles of copper, falling under heading No. 74.09 of the First Schedule to the said Tariff Act, intended for use in the manufacture of handicrafts or utensils attracting this concessional rate of excise duty and other goods falling under heading No. 74.09 of the First Schedule to the said Tariff Act attracting ad-valorem tariff rate of duty;

And whereas the Central Government is satisfied that according to a practice that was generally prevalent regarding levy of duty of excise (including non-levy thereof) under section 3 of the Central Excise Act, 1944 (1of 1944) (hereinafter referred to as the said Act), the credit of duty of excise paid on capital goods, under rule 57Q of the said Rules, as was in existence during the relevant time, was not being denied to assessees who were paying excise duty at the concessional rate of Rupees 3100 per metric tonne on trimmed or untrimmed sheets or circles of copper, intended for use in the manufacture of handicrafts or utensils and tariff rate of excise duty on other goods falling under heading No. 74.09 of the First Schedule to the said Tariff Act during the period commencing on the 1st day of March, 1994 and ending with the 29th day of February, 2000;

Now, therefore, in exercise of the powers conferred by section 11C of the said Act, the Central Government hereby directs that the credit of duty of excise paid on capital goods under rule 57Q of the said Rules, as was in existence during the relevant time, shall not be denied to assessees who were paying excise duty at the concessional rate of Rupees 3100 per metric tonne on trimmed or untrimmed sheets or circles of copper, intended for use in the manufacture of handicrafts or utensils and tariff rate of excise duty on other goods falling under heading No. 74.09 of the First Schedule to the said Tariff Act, in accordance with the said practice.

(PRASHANT KUMAR SINHA)

UNDER SECRETARY TO THE GOVERNMENT OF INDIA

F.No.345/5/99-TRU

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