Goods falling under Heading No. 85.18 - 210/86 - Central Excise - Tariff

Goods falling under Heading No. 85.18

Notification No. 210/86-C.E.

Dated 25-3-1986

In exercise of the powers conferred by sub-rule (1) of rule 8 of the Central Excise Rules, 1944, the Central Government hereby exempts goods falling under heading No. 85.18 of the Schedule to the Central Excise Tariff Act, 1985 (5 of 1986) from so much of the duty of excise leviable thereon as is in excess of the amount calculated at the rate of ten per cent ad valorem—

(i) if an officer not below the rank of an Assistant Collector of Central Excise is satisfied that the sum total of the value of capital investment made from time to time on plant and machinery installed in the industrial unit in which the said goods, under clearance, are manufactured, is not more than rupees twenty lakhs, and

(ii) if the aggregate value of clearances of the said goods, if any, for home consumption, from such industrial unit by or on behalf of one or more manufacturers, during the preceding financial year had not exceeded rupees one crore :

Provided that aggregate value of first clearances of the said goods, for home consumption, at the reduced rate of duty as specified in this notification and the notification of the Government of India in the Ministry of Finance (Department of Revenue) No. 70/81-Central Excises, dated the 25th March, 1981,—

(i) by or on behalf of a manufacturer, from one or more industrial units, or

(ii) from any industrial unit, by or on behalf of one or more manufacturers,

shall not exceed, in either case, rupees fifty lakhs, in the financial year 1985-86 :

Provided further that nothing contained in this notification shall apply to a manufacturer if the aggregate value of clearances of the goods, if any, for home consumption, by him or on his behalf, from one or more industrial units, during the preceding financial year, had exceeded rupees one crore :

Provided also that nothing contained in this notification shall apply if the aggregate value of clearances of all excisable goods for home consumption,—

(i) by or on behalf of a manufacturer, from one or more industrial units, or

(ii) from any industrial unit, by or on behalf of one or more manufacturers

had exceeded rupees two crores during the preceding financial year.

Explanation I.— While determining the sum total of the value of the capital investment, only the face value of the investment at the time when such investment was made shall be taken into account, but the value of the investment made on plant and machinery which have been removed permanently from the industrial unit or rendered unfit for any use shall be excluded from such determination.

Explanation II.— For the purposes of this notification, "value" shall have the same meaning as in section 4 of the Central Excises and Salt Act, 1944 (1 of 1944).

2. This notification shall be in force upto and inclusive of the 31st day of March, 1986.