Exemption to fuel-efficient motor cars of engine capacity exceeding 1000 cubic centimetres [Ch. 87] - 469/86 - Central Excise - Tariff

Exemption to fuel-efficient motor cars of engine capacity exceeding 1000 cubic centimetres [Ch. 87]

Notification No. 469/86-C.E.

Dated 24-12-1986

In exercise of the powers conferred by sub-rule (1) of rule 8 of the Central Excise Rules, 1944, the Central Government hereby exempts fuel-efficient motor cars of engine capacity exceeding 1000 cubic centimetres, falling under heading No. 87.03 of the Schedule to the Central Excise Tariff Act, 1985 (5 of 1986), 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 twenty-five per cent ad valorem:

Provided that such fuel-efficient motor cars are manufactured under a phased manufacturing programme duly approved by the Ministry of Industry and the Industrial Adviser of the Directorate General of Technical Development in the Ministry of Industry and the manufacturer produces a certificate from the Industrial Adviser in the Directorate General of Technical Development showing the details of the degree of indigenisation required to be achieved under the aforesaid programme and the actual degree of indigenisation achieved in the preceding financial year and in a case where the degree of indigenisation achieved in the preceding financial year is lower than the degree as per the approved programme, the manufacturer also produces a certificate from an officer not below the rank of a Joint Secretary in the Ministry of Industry (Department of Industrial Development) certifying that the failure in achieving the required degree of indigenisation is on account of valid reasons to be recorded in writing and that such failure is marginal.

Explanation :- For the purposes of this notification, "fuel-efficient motor car of engine capacity exceeding 1000 cubic centimeters" means a motor car which is certified to run -

(i) not less than 17 kilometres per litre of petrol in the case of a motor car of engine capacity exceeding 1000 cubic centimetres but not exceeding 1400 cubic centimetres; and

(ii) not less than 15 kilometres per litre of petrol in the case of a motor car of engine capacity exceeding 1400 cubic centimetres.

by an officer not below the rank of a Joint Secretary in the Ministry of Industry (Department of Industrial Development) (certificate issued in this regard hereinafter referred to as "fuel-efficiency certificate") on the basis of the tests (hereinafter referred to as the fuel-efficiency test) carried out by the Vehicle Research Development Establishment of the Ministry of Defence, Ahmednagar (Maharashtra), having regard to the following, namely :-

(a) the fuel-efficiency test shall be conducted -

(i) with a payload of 375 kilograms in the case of a motor car of engine capacity exceeding 1000 cubic centimetres but not exceeding 1400 cubic centimetres, and

(ii) with a payload of 450 kilograms in the case of a motor car of engine capacity exceeding 1400 cubic centimetres;

(b) the fuel-efficiency test shall be conducted using petrol having an octane level not exceeding 87;

(c) the fuel-efficiency test shall be carried out on a selected level test track at a steady speed of 50 kilometres per hour for a minimum stretch of one kilometre and the average of 20 runs, comprising of 10 runs in each direction, shall be taken for carrying out the tests and the test figures shall be corrected to see level altitude and to +25°C ambient temperature;

(d) the fuel-efficiency test shall be conducted on five motor cars selected at random by the testing agency from the production plant and the lowest of the test figures shall be relevant for the purpose of issuing fuel-efficiency certificate.

2. The fuel-efficiency certificate so issued shall be valid for a period of six months from the date of issue.

3. Where a manufacturer is entitled for exemption under this notification but is not able to produce a fuel-efficiency certificate at the time of clearance such manufacturer shall undertake to the Assistant Collector of Central Excise that he will produce such fuel-efficiency certificate within a period of eight weeks or such further extended period not exceeding four weeks as may be determined by the Collector of Central Excise and also undertake to pay an amount equal to the difference between the duty leviable but for the exemption contained herein and that already paid at the time of clearance, if he fails to produce the fuel-efficiency certificate within the said period.

4. This notification shall be in force upto and inclusive of the 31st day of December, 1988.