Exemption to tread rubber and other similar retreading materials, from small units - 056/88 - Central Excise - Tariff

Exemption to tread rubber and other similar retreading materials, from small units

Notification No. 56/88-C.E.

Dated 1-3-1988

In exercise of the powers conferred by sub-rule (1) of rule 8 of the Central Excise Rules, 1944, and in the supersession of the notification of the Government of India in the Ministry of Finance (Department of Revenue) No. 45/87-Central Excise, dated the 1st March, 1987, the Central Government hereby exempts tread rubber, camel back, cushion compound, cushion gum, tread gum, tread packing strips, falling within Chapter 40 of the Schedule to the Central Excise Tariff Act, 1985 (5 of 1986) (hereinafter referred to as the "said goods"), and cleared for home consumption on or after the 1st day of April in any financial year, by a manufacturer from one or more factories, or from any factory by one or more manufacturers, -

(a)  in the case of first clearances of the said goods upto an aggregate quantity not exceeding seventy-five tonnes, from so much of the duty of excise leviable thereon which is specified in the said Schedule as is in excess of the amount calculated at the rate of rupees five per kilogram;

(b) in the case of clearances (being clearances of the said goods of the aggregate quantity not exceeding seventy-five tonnes) immediately following the said clearances of the quantity specified in clause (a), from so much of the duty of excise leviable thereon which is specified in the said Schedule as is in excess of the amount calculated at the rate of rupees seven per kilogram;

(c) in the case of clearances (being clearances of the said goods of the aggregate quantity not exceeding one hundred tonnes) immediately following the said clearances of the quantity specified in clauses (a) and (b) taken together, from so much of the duty of excise leviable thereon which is specified in the said Schedule as is in excess of the amount calculated at the rate of rupees eleven per kilogram;

2. Nothing contained in this notification shall apply to a manufacturer,-

(a) if the aggregate value of clearances of all excisable goods by him or on his behalf, for home consumption, from one or more factories, during the preceding financial year, had exceeded rupees one and a half crores;

(b) if the aggregate quantity of clearances of the said goods by him or on his behalf, for home consumption, from one or more factories, during the preceding financial year, had exceeded two hundred and fifty tonnes.

3. Nothing contained in this notification shall apply, -

(a) if the aggregate value of clearances of all excisable goods from any factory by or on behalf of one or more manufacturers, for home consumption, during the preceding financial year, had exceeded rupees one and a half crores;

(b) if the aggregate quantity of clearances of the said goods from any factory by or on behalf of one or more manufacturers, for home consumption, during the preceding financial year, had exceeded two hundred and fifty tonnes.

4. Where a manufacturer has not cleared the said goods in the preceding financial year, or has cleared the said goods for the first time on or after the 1st day of August in the preceding financial year, the exemption contained in this notification shall be applicable to such manufacturer, -

(a) if he files a declaration with the Assistant Collector of Central Excise that, -

(i) the aggregate value of clearances of all excisable goods by him or on his behalf, for home consumption, from one or more factories, during the financial year is not likely to exceed rupees one and a half crores; and

(ii) the aggregate quantity of clearances of the said goods by him or on his behalf, for home consumption, from one or more factories, during the financial year is not likely to exceed two hundred and fifty tonnes; and

(b) if, -

(i) the aggregate value of clearances of all excisable goods by him or on his behalf, for home consumption, from one or more factories, during the financial year does not exceed rupees one and a half crores; and

(ii) the aggregate quantity of clearances of the said goods by him or on his behalf, for home consumption, from one or more factories during the financial year does not exceed two hundred and fifty tonnes.

5. Where the said goods have not been cleared from any factory in the preceding financial year, or have been cleared for the first time on or after the 1st day of August in the preceding financial year, the exemption contained in this notification shall not be applicable, -

(i) if the aggregate value of clearances of all excisable goods from such factory by or on behalf of one or more manufacturers, for home consumption, during the financial year, exceeds rupees one and a half crores, and

(ii) if the aggregate quantity of clearances of the said goods from such factory by or on behalf of one or more manufacturers, for home consumption, during the financial year, exceeds two hundred home consumption, during the financial year, exceeds two hundred and fifty tonnes.

Explanation I. : For the purpose of this notification the expression "value" means the value as determined in accordance with the provisions of Section 4 of the Central Excises and Salt Act, 1944 (1 of 1944).

Explanation II. : For the purposes of computing the aggregate value of clearances under this notification, the clearances of any excisable goods, which are exempted from the whole of the duty of excise leviable thereon by any other notification (not being a notification where exemption from the whole of the duty of excise leviable thereon is granted based upon the value or quantity of clearances made in a financial year) issued under Sub-rule (1) of Rule 8 of the Central Excise Rules, 1944 and for the time being in force, shall not be taken into account.

6. This notification shall come into force on the 1st day of April, 1988.