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n the said notification, in Annexure II, under heading ‘2. JAMMU PROVINCE’, in sub-heading ‘(I) DISTRICT JAMMU’, under heading ‘(C) Existing location run by Directorate of Industries and Commerce’, in the Table, against S.No. 2, in column ‘Name of the Industrial Area’, for the entry “E.P.I.P. Kartholi Bari Brahamana”, the entry “SIDCO Industrial Complex Bari Brahmana or E.P.I.P. Kartholi or Village Kartholi or Village Birpur”, shall be substituted.
I am directed to state that instances have come to the notice of the Board that even after the completion of one month period from the due date where the amount of duty outstanding and the interest payable thereon are not paid within the due date, immediate necessary action as per law to recover such arrears is not taken by the field officers. It has also been represented to Board by Trade and Industry that in the event, the duty is not being paid by the manufacturer of the goods
Please refer to Board’s Circular No.744/60/2003-CX Dated 11.09.2003, whereby it was informed that Department’s appeal on the above issue, in the case of T.V.S. Suzuki Ltd., has been dismissed by the Hon’ble Supreme Court vide their judgment dated 06.08.2003 [reported in 2003 (156) ELT 161 (SC)] and that the said judgment has been accepted by the Board.
Kind attention is invited to the judgment of the Hon’ble Supreme Court in the case of Commissioner of Customs, Chennai vs. M/s. Yeses International [2001 (133) ELT 526 (SC)], on the above subject. As indicated in Para 6 of the said judgment, as regards the demurrage charges, counsel for the Department had stated that they cannot be included in the assessable value.
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, 2003, published in the Gazette of India
The principal notification No. 59/2003-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 576 (E), dated the 22nd July, 2003 and was last amended by notification No. 73/2003-Central Excise, dated the 14th October, 2003 [G.S.R. 812 (E), dated the 14th October, 2003.
I am directed to say that the issue whether the amount of “Dharmada” collected from the buyers by the assessee is includible in the assessable value or not has been subject matter of dispute in a number of cases. Recently, this issue again came up before the Hon”ble Supreme Court in Civil Appeal Nos. 7900-7902/95 in the case of CCE, Allahabad v. M/s. Panchmukhi Engg. Works & Ors. and the Hon”ble Supreme Court vide its order dated 28-11-2002 allowed the appeals in favour of Revenue.
I am directed to refer to Board’s Circular No.752/78/2003-CX dated 1st October, 2003. Clarification has been sought with regard to the cases that have been remanded by the appellate authorities for denovo adjudications. The issue is as to which level of officers would adjudicate such cases remanded back for de novo adjudication, whether an officer of the rank of one who originally adjudicated the cases or the one as per the revised monetary limit contained in the circular referred to.
I am directed to refer to Board’s letter F. No. 111/4/85-CX.3 dated 5th June 1985 on the above subject, wherein it was stated that all claims relating to grant of refund of duty on petrol upto a limit of Rs. 2,000/- may be sanctioned by the Assistant Collector (Technical), wherever such a post exists in a Collectorate and in such cases, claims of refund of duty on petrol exceeding Rs . 2000/- may be sanctioned by the Deputy Collector (P&E) of the Collectorate .
(1) The principal notification No. 49/2003-Central Excise, dated the 10th June, 2003, was published in the Gazette of India, Extraordinary [G.S.R. 471(E), dated the 10th June 2003] and was last amended by notification No. 54/2003-Central Excise, dated the 20th June, 2003 [G.S.R. 506 {E}, dated the 10th June, 2003.
