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NTF. NO. 47/2000-CE, DT. 01/09/2000

Exemption Limit enhanced to Rs. 1 crore from Rs. 50 lacs

In exercise of the powers conferred by sub-section (1) of section SA of the Central Excise Act, 1944 (1 of 1944) the Central Government, being satisfied that it is necessary in the public interest so to do, hereby directs that each of the notifications of the Government of India in the Ministry of Finance (Department of Revenue), specified in column (2) of the Table hereto annexed shall be amended in the manner specified in column (3) of the said Table.

Table

SI.No.Notification No. and dateAmendment
(1)(2)(3)
1. Ntf. No. 8/2000-CE, dated the 1st March, 2000In the said notification,-

(i) in the Table, -
    (a) against SI.No. 1, in column (2), -

      (I) for the words "fifty lakh rupees", the words "one hundred lakh rupees" shall be substituted,

      (II) the following proviso shall be inserted at the end namely:-

        "Provided that if any clearances for home consumption have been made before the 1st day of September, 2000 under this notification during the financial year 2000-2001 , whether at nil rate or otherwise the aggregate value of such clearances shall be taken into account for computing the limit of one hundred lakh rupees".

    (b) SI.No. 2 and the entries relating thereto shall be omitted;
(ii) I after the TABLE, the following shall be inserted namely:-
    'ILLUSTRATIONS REGARDING SL. NO.1 OF THE TABLE (In these Illustrations, "clearances" means clearances for home consumption)

      Illustration 1.As on the 31st day of August, 2000, a manufacturer has made clearances of an aggregate value of forty lakh rupees at nil rate of duty. He shall be entitled to additional duty free clearances upto an aggregate value of sixty lakh rupees, only in the remaining part of the financial year 2000- 2001.

      Illustration 2.As on the 31st day of August, 2000, a manufacturer has made clearances of an aggregate value of sixty lakh rupees, comprising of fifty lakh rupees at nil rate of duty and ten lakh rupees at the concessional rate of duty at five per cent. He shall be entitled only to additional duty free clearances upto an aggregate value of forty lakh rupees only, during the remaining part of the financial year 2000-2001.

      Illustration 3.As on the 31st day of August, 2000, a manufacturer has made clearances of an aggregate value of one hundred and ten lakh rupees, comprising of fifty lakh rupees at nil rate of duty, fifty lakh rupees at the concessional rate of duty of five per cent and ten lakh rupees at the normal rate of duty. He shall not be entitled to any additional clearances at nil rate of duty during the remaining part of the financial year 2000-2001.
(iii) in the Explanation, after clause (H), the following clause shall be inserted, namely:-
    "(I) refund of duty paid at the concessional rate of five per cent on any clearances made before the 1st day of September 2000 e on the ground that such clearances are included in the aggregate value of clearances under SI.No. 1 of the TABLE, shall not be admissible."
2. Ntf. No. 9/2000-CE, dated the 1st March, 2000In the said notification, -

(i) in the TABLE,
    (a) against SI.No. 1 in column (2), -

      (I) for the words "fifty lakh rupees", the words "one hundred lakh rupees" shall be substituted;

      (II) the following proviso shall be inserted at the end namely, -

        "Provided that if any clearances for home consumption have been made before the 1st day of September 2000, whether at nil rate or otherwise, the aggregate value of such clearances shall be taken into account for computing the limit of one hundred lakh rupees."

    (b) SI.No. 2 and the entries relating thereto shall be omitted;
(ii) after the TABLE, the following shall be inserted, namely,-
    'ILLUSTRATIONS REGARDING SL. NO.1 OF THE TABLE (In these illustration, "clearances" means clearances for home consumption.)

      Illustration 1.As on the 31st day of August, 2000, a manufacturer made clearances of an aggregate value of sixty lakh rupees, comprising of fifty 1akh rupees at the concessional rate of sixty per cent of normal duty and ten lakh rupees at the concessional rate of eighty per cent of normal duty. He shall be entitled to additional clearances upto an aggregate value of forty lakh rupees, at the concessional rate of sixty per cent of normal duty, during the remaining part of the financial year 2000-2001.

      Illustration 2.A manufacturer made clearances of an aggregate value of clearances of thirty lakh rupees at nil rate during the financial year 2000-2001 under notification 8/2000-Centrar Excise dated the 1st March 2000. Thereafter he opted for exemption under this notification. As on the 31st day of August, 2000, the manufacturer made clearances of an aggregate value of sixty lakh rupees, comprising of thirty lakh rupees at nil rate of duty, twenty lakh rupees at the concessional rate of sixty per cent of normal duty and ten lakh rupees at the concessional rate of eighty per cent of normal duty. He shall be entitled under this notification to additional clearances upto an aggregate value of forty lakh rupees, at the concessional rate of sixty per cent of normal duty, during the remaining part of the financial year 2000-2001.

      Illustration 3.As on the 31st day of August, 2000, a manufacturer has made clearances of an aggregate value of one hundred and ten lakh rupees, comprising of fifty lakh rupees at the concessional rate of sixty per cent of normal duty, fifty lakh rupees at the concessional rate of eighty per cent of the normal duty and ten lakh rupees at the normal rate of duty. He shall not be entitled to any exemption under this notification during the remain in art of the financial ear 2000-2001.
(iii) in paragraph 2, Illustrations I, II, III and IV, shall be omitted.

(iv) in the Explanation, after clause (H), the following clause shall be inserted, namely:-
    "(I) refund of the difference between any duty paid on clearance made before the 1st day of September, 2000 and the concessional rate of sixty per cent of normal duty on the ground that such clearances are included in the aggregate value of clearances under S.No. 1 of the TABLE, shall not be admissible."

Sd/-
(Vivek Johri)
Deputy Secretary to the Government of India


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