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G.S.R. (E).- In exercise of the powers conferred by sub-sections (1) and (2) of section 4A of the Central Excise Act, 1944 (1 of 1944), the Central Government, on being satisfied that it is necessary in the public interest so to do, hereby makes the following further amendments in the notification of the Government of India in the Ministry of Finance (Department of Revenue), No.49/2008-Central Excise (N.T.)
A larger bench of CESTAT in the case of Indica Laboratories Vs CCE, Ahmedabad 2007(213) ELT 20(T-LB), has held that quantity discount, bonuses etc. are applicable for the valuation of goods under section 4 of the Central Excise Act, 1944 and not in case of goods valued under Section 4A.
References had been received from the field formations as well as trade to clarify the ambiguity arising out of simultaneous prevalence of two exemption notifications namely 29/2004-CE dated 9.7.2004 as amended by notification No. 58/2008-CE dated 7.12.2008 and another notification 59/2008-CE dated 7.12.2008. The period of dispute is from 7.12.2008 to 6.7.2009. During this period while one notification No. 29/2004-CE as amended granted full exemption to certain items of Textile Sector without any condition, the second notification 59/2008-CE prescribed a concessional rate of duty of 4% on these items, with the benefit of Cenvat Credit.
Amends notification no. 81/2005 Cus dated 8-9-2005 – Exempts goods in relation to generation of power using non-conventional materials – relaxation to projects promoted by states. Notification No. 118/2010-Cus dated -18-11-2010 G.S.R. 917(E).- In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962), the Central […]
G.S.R. 918(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, on being satisfied that it is necessary in the public interest so to do, hereby makes the following amendment
Board vide its earlier circular No. 643/34/2002-CX dated 1-7-2002 had clarified that After-sale Service and Pre-delivery Inspection charges were liable to be included in the assessable value under Section 4 of the Central Excise Act 1944. Further vide circular No. 909/29/09-CX dated 11.12.2009, it was directed to transfer all the show cause notices issued on the above subject to call book pending the decision of the larger bench of CESTAT in the case of Maruti Udyog Ltd.
Reduction of Government litigations – providing monetary limits for filing appeals by the Department before CESTAT and High Courts – Regarding F.No.390/Misc./163/2010-JC, New Delhi 20th October 2010 Ministry of Finance, Department of Revenue, Central Board of Excise & Customs INSTRUCTION 1. The National Litigation Policy formulated by the Government of India aims to reduce Government litigation so that […]
Notification No. 33/2010 -Central Excise, New Delhi, the 19th October, 2010 G.S.R. 845 (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 111 of Finance(No.2) Act,1998 ( 21 of 1998), sub-section (3) of section 133 […]
Notification No. 32/2010-CE dated -28-09-2010- In the said notification, in the Table, against S.No.17, for the existing entry in column (2), the following entry shall be substituted namely:- “8471 70 or 8473 30 or 8523”
(1) These rules may be called the CENVAT Credit (Fifth Amendment) Rules, 2010. (2) They shall come into force on the date of their publication in the Official Gazette. 2. In the CENVAT Credit Rules, 2004, in rule 2, in clause (a), after sub-clause (C), the following sub-clause shall be inserted, namely:- (D) components, spares and accessories of motor vehicles, dumpers or tippers, as the case may be, used to provide taxable services as specified in sub-clauses (B) and (C);”
