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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.
In exercise of the powers conferred by clause (iii) of Explanation 2 to the proviso to sub-section (1) of section 3 of the Central Excise Act,1944 (1 of 1944), the Central Government hereby specifies Moradabad Special Economic Zone at Moradabad, in the state of Uttar Pradesh, as a special economic zone
I am directed to say that the Board has decided to review the Power of Adjudication of the Central Excise officers and the monetary limit prescribed under Section 33 and Section 11A of the Central Excise Act, 1944 with the objective of expeditious adjudication of cases. For this purpose, the Board has decided to prescribe the uniform monetary limit to different categories of officers for the purpose of deciding the competence of adjudication of cases without differentiating whether or not cases involve fraud
I am directed to refer to notification No. 13/2003-CE(NT) dated 1.3.2003 vide which CENVAT Credit Rules, 2002 were amended inter alia to provide for utilization of credit of Additional Duty of Excise leviable under Additional Excise Duty (Goods of Special Importance) Act, 1957{AED(GSI)} for payment of CENVAT duty. Subsequently, Board had issued a circular No. 700/16/2003-CX dated 6thMarch, 2003
Commissioner of Customs (EP), Mumbai has brought to Board’s notice the Tribunal’s judgment in the case of M/s. Akai Impex Ltd. vs Commissioner of Customs, Mumbai [reported in 2003 (156) ELT 700 (Tri-Mumbai)]. In the said case, goods imported under the DEEC Scheme and cleared against advance licenses, without payment of duty, in terms of the provisions of Notification 204/92-Cus were sold by the importer without utilising the imported material in export production, as required in terms of the Notification conditions.
Kind attention is invited to the judgment dated 26-02-2002 of the Hon’ble Supreme Court in the case of CCE, Madurai vs T.V.S. Srichakra Ltd. and the judgment dated 27-02-2002 in the case of CCE, Delhi Vs Maruti Udyog Ltd. [2002 (141) ELT 3 (SC)]. Vide the said judgment, appeals filed by the Department were dismissed by the Hon’ble Supreme Court, upholding that the sale price realised by the assessee is to be regarded as inclusive of excise duty and therefore, in arriving at the excisable value of the goods
In exercise of the powers conferred by clause (iii) of Explanation 2 to the proviso to sub-section (1) of section 3 of the Central Excise Act,1944 (1 of 1944), the Central Government hereby specifies Manikanchan Special Economic Zone at Salt Lake as a special economic zone
