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In exercise of the powers conferred by rule 9 of the Central Excise Rules, 2002, the Central Board of Excise and Customs hereby makes the following further amendments in the notification of the Government of India in the erstwhile Ministry of Finance (Department of Revenue), number 35/2001-Central Excise (N.T.), dated the 26th June, 2001
I am directed to say that the Board has received representation from manufacturers of hand rolled cheroots of tobacco falling under Sub-Heading No.2402.00 of Central Excise Tariff Act, 1985 regarding difficulties being faced by them in following the existing procedure for registration. They have represented that the hand rolled cheroot manufacturing is an agriculture based industry in the non-mechanised sector and the rollers are illiterate labourers engaged on daily wages
The undersigned is directed to state that some doubts have arisen regarding applicability of notification nos. 34/2003-CE and 35/2003-CE, both dated 30.04.2003 in cases of readymade garments or the grey fabric manufactured on job work.
For the purposes of this notification, Maritime Commissioner means the Commissioner of Central Excise under whose jurisdiction one or more of the port, airport, land customs station or post office of exportation, is located.
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.
