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from so much of the duty of excise leviable thereon under the said schedules, as is in excess of the duty that would have leviable on such goods under the said schedules, if sold by the manufacturer for delivery at the time of removal of such goods or at any other time nearest to the removal of such goods, where the manufacturer and the buyer are not related and the price is the sole consideration.
For the purposes of this exemption appropriate duties of excise shall mean the duties of excise leviable under the First Schedule and Second Schedule to the Central Excise Tariff Act, 1985 ( 1 of 1986), the additional duty of excise leviable under the Finance (No.2) Act, 1998 (21 of 1998) and the special additional excise duty leviable under section 147 of the Finance Act, 2002( 20 of2002), read with any relevant exemption notification for the time being in force.
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. 55/2002-Central Excise, dated the 7th November , 2002 (G.S.R 752 (E) dated the 7th November, 2002.
Circular No.684/75/2002-CX It has come to the notice of the Board that whenever a survey is floated for examining/issuing Notification under Section 11C of Central Excise Act, 1944, divergent practices are being followed in the field formations so far as enforcement of recovery of duty involved in the past cases is concerned.
Circular No.683/74/2002-CX Notification No. 42/2002-CE(NT) seeks to disallow diversion of the credit taken on inputs used for manufacture of products exempted under the said North East notifications for payment of central excise duty on other products. Such diversion would imply payment of a greater amount of duty through account-current on the products exempted under the said North East notifications and thereby resulting in unintended benefit of higher amount of refund. Notification No. 61/2002-CE seeks to disallow such excess refund.
The principal notification No. 32/99-Central Excise dated the 8th July, 1999 was published in the Gazette of India vide number G.S.R. 508 (E), dated the 8th July, 1999 and was last amended vide notification No. 48/2002-Central Excise, dated the 12th September, 2002, [G.S.R. 638 (E), dated the 12th September, 2002.
In exercise of the powers conferred by section 37 of the Central Excise Act,1944 (1 of 1944), the Central Government hereby makes the following rules further to amend the CENVAT Credit Rules, 2002
In exercise of the powers conferred by sub-rule (2) of rule 3 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, Ministry of Finance, Department of Revenue, No. 14/2002-Central Excise (N.T.), dated the 8th March, 2002
Circular No. 681/72/2002-CX The appeal filed by the Board against CEGAT Judgement in the case of M/s.Mahindra & Mahindra Ltd. [1998 (103) ELT 606 (T)] alongwith similar matters in the case of M/s.Hindustan Motors Ltd. [1998 (101) ELT 198 (T)] and M/s.Escorts Tractors Ltd. [1999 (078) ECR 342 (T)] have been dismissed by the apex court on 27.1.2000.
Provided that no duty shall be levied on the said goods if such clearance is against Advance License or special duty free entitlement as per the provision of Export and Import Policy or to other Special Economic Zone or Export Oriented Undertaking or Export Processing Zone or Electronic Hardware Technology Park or Software Technology Park units.
