Modvat - Amendment to Notification Nos. 5/94-C.E. (N.T.), 24/94-C.E. (N.T.) and 29/96-C.E. (N.T.) - 28/98 - Central Excise - Non Tariff

Modvat - Amendment to Notification Nos. 5/94-C.E. (N.T.), 24/94-C.E. (N.T.) and 29/96-C.E. (N.T.) Notification No. 28/98-C.E. (N.T.) Dated 18-7-1998 In exercise of the powers conferred by rule 57A of the Central Excise Rules, 1944, the Central Government, being satisfied that it is necessary in the public interest so to do, hereby directs that each of the notification 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 or further amended, as the case may be, in the manner specified in the corresponding entry in column (3) of the said Table. TABLE S. No. Notification No. and date Amendment (1) (2) (3) 1. 5/94-Ce Excise (N.T.), dated ntralthe 1st March, 1994. In the said notification, in the proviso, after clause (1A), the following clause shall be inserted, namely :- "(1B) credit of specified duty in respect of any inputs - (i) received in a factory belonging to a multi-locational composite mill from another factory belonging to the same multi-locational composite mill for manufacture of final products, (ii) received by an independent texturiser for manufacture of final products, shall be allowed to the extent of the duty paid on such inputs. Explanation. - For the purposes of this clause, - (a) `multi-locational composite mill' means a public limited company which is engaged in the processing of fabrics with the aid of power along with the spinning of yarn from fibres and weaving or knitting or crocheting of fabrics in one or more factories owned by the same public limited company; and (b) 'independent texturiser' means a manufacturer engaged in the process of texturising or draw twisting (including draw warping and draw winding) of partially oriented yarn and such manufacturer does not have the facility of manufacturing partially oriented yarn, whether in the same factory or otherwise;". 2. 24/94 - Central Excise (N.T.), dated the 20th May, 1994. In the said notification, in the third proviso, for the words "Provided further that", the words "Provided also that" shall be substituted, and before the third proviso as so amended, the following proviso shall be inserted, namely :- "Provided also that the credit of specified duty in res- pect of any inputs received in a factory belonging to a multi-locational composite mill from another factory belonging to the same multi-locational composite mill for manufacture of final products shall be allowed to the extent of the duty paid on such inputs. Explanation. - For the purposes of this proviso, 'multi-locational composite mill' means a public limited company which is engaged in the processing of fabrics with the aid of power along with the spinning of yarn from fibres and weaving or knitting or crocheting of fabrics in one or more factories owned by the same public limited company." 3. 29/96 - Central Excise (N.T.), dated the 3rd September, 1996 In the said notification, after paragraph (7) the following paragraph shall be inserted, namely :- "7A. Notwithstanding anything contained in this notification, the declared duty in respect of inputs declared herein shall be deemed to have been paid and the credit of the declared duty shall be allowed for an amount calculated at the rate of - (a) 50% of the duty of excise leviable under the Central Excise Act, 1944 (1 of 1944), read with any notification for the time being in force, on the final products of cotton (not containing any other textile material) declared herein, (b) 60% of the duty of excise leviable under the Central Excise Act, 1944 (1 of 1944), read with any notification for the time being in force, on the final products other than those specified in sub-clause (a), at the time of clearance of - (i) final products lying in stock in the processing factory of a multi-locational composite mill as on the 2nd day of June, 1998; or (ii) final products, manufactured from unprocessed or semi-processed fabrics lying in stock in the processing factory of a multi-locational composite mill as on the 2nd day of June, 1998 : Provided that no credit under this paragraph shall be taken where the processing factory of the said multi-locational composite mill has taken credit in respect of said inputs under any other rule or notification."