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In exercise of the powers conferred by rule 18 of the Central Excise Rules, 2002, the Central Government hereby makes the following further amendment in the notification of the Government of India in the Ministry of Finance (Department of Revenue) No.40/2001-Central Excise (N.T.), dated the 26th June, 2001
I am directed to say that as you are aware that an exporter can execute bond or the Letter of Undertaking for export of goods without payment of excise duty or file claims of rebate of duty paid on finished goods exported with the Maritime Commissioner. Presently, the Maritime Commissioners are located at 10 places for the purpose of filing rebate claims vide notification No.40/2001-CE( N.T.), dated the 26th June, 2001
The principal notification No. 7/2003-Central Excise, dated the 1st March, 2003 was published in the Gazette of India vide number G.S.R. 137 (E), dated the 1st March, 2003 and was last amended vide notification No. 70/2003-Central Excise, dated the 4th September 2003 (G.S.R. No.706 (E), dated the 4th September, 2003.
I am directed to refer to Notifications No.49/2003-CE and No.50/2003-CE, both dated 10.06.2003 vide which, inter alia, the goods manufactured by new industrial units which have commenced production on or after the 7th January, 2003 or by existing industrial units which have undertaken substantial expansion by way of increase in installed capacity as per the provisions contained in said notifications and set up in the State of Himachal Pradesh and Uttaranchal have been exempted from payment of excise duty.
The principal notification No.6/2002-Central Excise dated the 1st March, 2002 was published in the Gazette of India, Extraordinary vide G.S.R. 127 (E) dated the 1st March, 2002 and was last amended by notification No.64/2003-Central Excise dated the 6th August, 2003 [G.S.R. 638(E) dated the 6th August, 2003.
Vide the said Circular, it was advised to file Reference Application / Appeal before the jurisdictional High Courts against the Tribunal’s orders on the above subject. However, on re-examination of the matter, it is noticed that filing of a Reference Application / Appeal before the High Court in such cases may not be maintainable as such orders are not passed under Section 35C of the Central Excise Act, 1944. The above Circular is therefore, hereby withdrawn.
In exercise of the powers conferred by clauses (i ) and (ii) of section 133 of the Finance Act, 2002 (20 of 2002), the Central Government hereby further amends the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 58/2003-CENTRAL EXCISE (N.T.), dated the 22nd July
The principal notification No. 58/2003-CENTRAL EXCISE, dated the 22nd July, 2003, was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i ) vide G.S.R 575 ( E), dated the 22nd July, 2003 and was last amended by notification No.68/2003-CENTRAL EXCISE, dated the 14th August, 2003 [ G.S.R. 668 (E), dated the 14th August, 2003.
I am directed to refer to Notification No. 70/2003-CE (NT) dated 15.9.2003 vide which inter alia, clause (b) of sub-rule 2 of Rule 4 of CENVAT Credit Rules, 2002 was amended to substitute the words ‘refractories and refractory materials, moulds and dies’ in place of ‘ refractories and refractory materials’ . Subsequently, Board has issued a circular No. 747/63/2003-CX dated 22nd September, 2003 in this regard.
I am directed to say that Board’s attention has been drawn to the availment of credit on inputs falling under chapter-28 and 29 used exclusively for the manufacture of exempted goods by certain assesses manufacturing finished goods falling under chapter-30 of Schedule to Central Excise Tariff Act, 1985. It has been reported that these assesses are subsequently reversing an amount @ 8% of the price of the exempted goods under clause (b) of sub-rule (3) of rule 6 of CENVAT Credit Rules, 2002.