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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.
Circular No. 680/71/2002-CX I am directed to state that clarifications have been sought from the field formation on whether woven textile fabrics manufactured by a composite mill or a manufacturer engaged in the processing of fabrics along with weaving of fabrics within the same factory would attract an aggregate excise duty of 12% ad valorem in accordance with notification No. 14/2002-CE, dated 1-3-2002 or not.
Circular No. 679/70/2002-CX I am directed to refer to Board’s Circular No. 378/11/98-CX dated 12.3.98 wherein it has been clarified that in situation where deferment of payment of Sales tax for particular period is allowed by State Government as incentive, Sales tax is deductible from the wholesale price for determination of assessable value for levy of Central Excise duty even though it may not be deposited immediately with the State Government.
Circular No. 678/69/2002-CX I am directed to say that doubts have been raised regarding the classification and dutiability of “thrust bearing assembly” used in submersible power driven pumps. Some field officers have taken the stand that it is a ‘bearing’ falling under sub-heading 8483.90 whereas the assesses are contending that it is merely a part of power driven pump falling under sub-heading 8413.99
