(This Notification has been Rescind vide NTF. NO. 11/2005-CE, DT. 01/03/2005)

NTF. NO. 42/2003-CE, DT. 14/05/2003

Exempts goods falling under heading No.09.02 of the First Schedule to the Central Excise Tariff Act, 1985 (5 of 1986)

G.S.R. (E).- In exercise of the powers conferred by sub-section (1) of section 5A of the Central Excise Act, 1944 (1 of 1944), read with sub-section (3) of section 157 of the Finance Act, 2003 (32 of 2003), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby exempts goods of the description specified in column (2) of the Table below falling under heading No.09.02 of the First Schedule to the Central Excise Tariff Act, 1985 (5 of 1986), from the whole of the additional duty of excise leviable thereon under section 157 of the said Finance Act, 2003 subject to the conditions as specified in column (3) of the said Table.

TABLE

S.No.	Description of Goods	Conditions
(1)	(2)	(3)
1.	Green tea	-
2.	Tea cleared by a factory belonging to a co-operative society during any financial year subsequent to 2002-2003.	(a) The benefit of exemption from additional duty of excise shall commence from the date of filing the undertaking with the Assistant Commissioner of Central Excise or the Deputy Commissioner of Central Excise, as the case may be, as specified in condition (b). (b) The manufacturer shall file an undertaking that,- (i) the green leaf used by the factory, during the period from the date of the aforesaid undertaking till the end of the financial year, shall not be purchased from any grower who has a holding exceeding ten hectares under tea cultivation; (ii) the co-operative society owning the factory is registered with the Registrar of Co-operative Societies in the concerned State Government; and (iii) no member of the co-operative society owns a holding exceeding ten hectares under tea cultivation. (c) In the first week of each succeeding financial year, the manufacturer shall submit a statement of accounts, in a format to be prescribed by the concerned Commissioner of Central Excise, as proof of having fulfilled the undertaking. (d) In the event of his failure to satisfy the undertaking, the manufacturer shall be liable to pay additional duty of excise specified in the Fourth Schedule to the Finance Act, 2003 (32 of 2003) for the period referred to in condition (b).
3.	Tea cleared by a bought leaf factory during any financial year subsequent to 2002-2003.	(a) The benefit of exemption from additional duty of excise shall commence from the date of filing the undertaking with the Assistant Commissioner of Central Excise or the Deputy Commissioner of Central Excise, as the case may be, as specified in condition (b). (b) The manufacturer shall file an undertaking that,- (i) not less than two-thirds of the green leaf used by the factory, during the period from the date of the aforesaid undertaking till the end of the financial year, shall be purchased from growers, each having a holding not exceeding ten hectares under tea cultivation; and (ii) the factory has been working for at least six months during the financial year preceding the financial year in which the undertaking referred to in condition (b) is filed; (c) In the first week of April of each succeeding financial year, the manufacturer shall submit a statement of accounts, in a format to be prescribed by the concerned Commissioner of Central Excise, as proof of having fulfilled the undertaking. (d) In the event of his failure to satisfy the undertaking, the manufacturer shall be liable to pay additional duty of excise specified in the Fourth Schedule to the Finance Act, 2003 (32 of 2003) for the period referred to in condition (b).

Explanation.- For the purposes of this notification, "bought leaf factory" means a factory which purchases not less than two-thirds of the green leaf processed by it in the preceding financial year from any grower who has a holding not exceeding ten hectares of land under cultivation of tea.

[F.No. B-6 /1/2003-TRU]

(V.Sivasubramanian)
Deputy Secretary to the Government of India

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