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In exercise of the powers conferred by section 3 of the Central Excise Tariff Act, 1985 (5 of 1986) , the Central Government, being satisfied that it is necessary in the public interest so to do, hereby rescinds the notification of the Government of India in the Ministry of Finance (Department of Revenue) No. 1/2002-Central Excise, dated 11th January, 2002 published in the Gazette of India vide G.S.R. 25 (E).
The principal notification No. 13/98-Central Excise, dated the 2nd June, 1998, was published in the Gazette of India, vide number G.S.R. 308 (E), dated the 2nd June, 1998 and was last amended by notification No. 11/2000-Central Excise, dated the 1st March, 2000, G.S.R. 189 (E), dated the 1st March, 2000.
(i) no credit of the duty paid on (a) inputs; or (b) Capital goods exclusively, (ii) used in the manufacture of these goods has been taken under rule 3 or rule 11 of the CENVAT Credit Rules, 2002; and (ii) the duty is paid in cash or through account current.
Provided that nothing contained in this notification shall apply to a manufacturer who has availed the exemption under notification No. 39/2001-Central Excise, dated the 31st July, 2001, published in the Gazette of India vide number G.S.R. 565 (E) dated the 31st July, 2001, in the same financial year.
where the specified goods are manufactured in a factory belonging to or maintained by the Central Government or by a State Government, or by a State Industries Corporation, or by a State Small Industries Corporation or by the Khadi and Village Industries Commission, then the value of excisable goods cleared from such factory alone shall be taken into account.
In exercise of the powers conferred by rule 15 of the Central Excise Rules, 2002, the Central Government hereby makes the following amendment in the notification of the Government of India, Ministry of Finance (Department of Revenue) No. 34/2001- Central Excise, dated the 28th June, 2001, namel.
From so much of the duty of excise specified thereon under the First Schedule (hereinafter referred to as the First Schedule) to the Central Excise Tariff Act, as is in excess of the amount calculated at the rate specified in the corresponding entry in column (4) of the said Table.
Circular No. 625/16/2002-CX I am directed to say that doubts have been raised regarding the mode of valuation to be adopted in respect of goods notified under section 4A of the Central Excise Act, 1944, which are partly sold with the retail price printed on the packages and partly sold without printing the retail prices on the other packages. It has been reported that problems are being faced in respect of virtually all the commodities notified under Section 4A; e.g. lubricants, toilet soaps, paints and varnishes, automobile bulbs
Circular No 624/15/2002-CX-8 I am directed to state that it has been brought to the notice of the Board that a manufacture who had opted to avail exemption from payment of duty based on value of clearance as per the SSI Notifaction (present Notification No. 8/2001- C E, dated 1-3-2001) also availed credit of duty paid on inputs used in the manufacture of other branded finished goods which were dutiable. Further, the said manufacturer used inputs on which Cenvat credit was availed, in the manufacture of the exempted finished goods
Circular No 623/14/2002-CX The matter has been examined in consultation with Ministry of Law. Their opinion is that the Bombay High Court in its judgment dated 30-7-1991 in the case of Prakash Construction and Engineering Company v. Union of India has already decided the issue that the process of preparation of Asphalt Hot Mix does not amount to manufacture as contemplated by Section 2 (f) of the Central Excise Act.
