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In exercise of the powers conferred by section 37 of the Central Excise Act, 1944 (1 of 1944) and section 94 of the Finance Act, 1994 (32 of 1994), the Central Government hereby makes the following rules further to amend the CENVAT Credit Rules, 2004
I am directed to refer to Board’s Circular No.762/78/2003-CX dated 11.11.2003 containing a clarification regarding the cases which have been remanded by the appellate authority for denovo adjudication.
I am directed to say that notification No. 43/2001-CE(NT) dated 26th June, 2001 was amended vide notification No. 10/2004-CE(NT) dated 3rd June, 2004. The said amendment added an Explanation to notification No. 43/2001-CE(NT) clarifying that goods manufactured or processed using materials procured under notification No. 43/2001-CE(NT) can only be exported in terms of sub- rule(1) of rule 19 of Central Excise Rules, 2002.
In exercise of the powers conferred by sub-section (1) and sub-section (2) of section 4A of the Central Excise Act, 1944 (1 of 1944), the Central Government hereby specifies the goods mentioned in column (3) of the Table below and falling under Chapter or Heading No. or Sub-heading No. of the First Schedule to the Central Excise Tariff Act, 1985
I am directed to say that as you are aware the facility of removal of specified petroleum products without payment of duty from the factory of production to a warehouse or from one warehouse to another warehouse was withdrawn w.e.f. 6th September, 2004 vide notification No. 17/2004-CE (N.T.) dated 4th September, 2004 . The facility of removal of petroleum products without payment of duty for export warehousing continues to be available vide notification No. 46/2001-CE (N.T.)
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 exempts paper and paper board falling under Chapter 48 of the First Schedule to the Central Excise Tariff Act, 1985 (5 of 1986.
The principal notification was published in the Gazette of India, Extraordinary, vide number G.S.R.127 (E), dated the 1st March, 2002, and was last amended by notification No. 51/2004-Central Excise, dated the 17th September, 2004 and published vide number G.S.R. 618 (E), dated the 17th September, 2004.
Kind attention is invited to Board’s Circular No. 749/65/2003-CX dated 26/9/2003 issued from above file. The Hon’ble Supreme Court vide its Order dated 9.12.2004 has dismissed the Review Petition (C) No. 75 of 2003 in Civil Appeal No. 3783 of 2000
Reference earlier instructions on the above subject and looking to the instances arising out of non-implementation of the judicial orders, the Board has reason to review and reiterate the earlier Circulars on the subject of non-implementation of orders of CESTAT or any Final Authority in relation to returning pre-deposits made as per directions of CESTAT or any other Final Authority in terms of Section 35F of the Central Excise Act, 1944 & Section 129E of the Customs Act, 1962.
In exercise of the powers conferred by sub-rule (3) of rule 9A of the CENVAT Credit Rules, 2004, the Central Board of Excise and Customs hereby specifies the following Form for the purpose of the said rule
