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I am directed to refer to the Section 11DDA of the Central Excise Act, 1944 (hereinafter referred to as “the Act”) inserted by the Taxation Laws (Amendment) Act, 2006, with effect from 13.7.2006. This section provides for provisional attachment of property for the purpose of protecting the interests of revenue during the pendency of any proceedings under Section 11A or Section 11D of the Act.
G.S.R.(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, on being satisfied that it is necessary in the public interest so to do.
I am directed to inform that the Board has decided not to file a review petition in the case of M/s Jayanti Food processing {Ref. 2007(215) ELT 327(S.C.) dated 22.08.07}.In this case, the Supreme Court has pronounced on the applicability of SWM (PC) Rules, 1977 in the context of assessment under section 4 or section 4A.
The undersigned is directed to refer to notification No. 28/2008-CE(NT) dated 05.06.2008, wherein the officers of Directorate General of Audit have been appointed as Central Excise Officers of corresponding grade.
The principal notification No.6/2006-Central Excise dated the 1st March, 2006, was published in the Gazette of India, Extraordinary, vide number G.S.R. 96(E) of the same date and was last amended vide notification No. 25/2008-Central Excise, dated the 29th April, 2008 which was published in the Gazette of India, Extraordinary, vide number G.S.R.316(E) of the same date.
Now, therefore, in exercise of the powers conferred by clause (b) of sub-section (1) of section 3 of the said Central Excise Tariff Act, the Central Government, hereby directs that the First Schedule of the said Central Excise Tariff Act shall be amended in the following manner, namely.
Provided that the Commissioner of Central Excise or the Commissioner of Customs and Central Excise, as the case may be, may, if he is satisfied that the manufacturer was prevented by sufficient cause from making the application within the aforesaid time, allow such manufacturer to make the application within a further period of thirty days.
In case the total amount of refund paid or payable to a manufacturer in respect of goods cleared from a unit during a financial year is less than the total duty paid by him on the said goods, other than the amount paid by utilization of CENVAT credit, for the year, the differential amount, if any, shall be refunded to him subject to the condition that the total refund made to him during the year, including the aforesaid differential amount, does not exceed the total duty payable on value addition whether at the rate specified in the Table or at the special rate fixed under paragraph 3.
The principal notification No. 56/2003-Central Excise, dated the 25th June, 2003 was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 513(E), dated the 25th June, 2003 and was last amended vide notification no. 21/2008-Central Excise, dated the 27th March, 2008 vide number G.S.R. 226(E), dated the 27th March, 2008.
The rincipal notification No. 57/2002-Central Excise, dated the 14th November, 2002 was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 765 (E), dated the 14th November, 2002 and was last amended vide notification no. 22/2008-Central Excise, dated the 27th March, 2008 vide number G.S.R. 227(E), dated the 27th March, 2008.