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TMI BlogValue of ClearanceX X X X Extracts X X X X X X X X Extracts X X X X ..... he said Table: TABLE S.No. Clearances Rate of duty (1) (2) (3) 1. First clearances upto an aggregate value not exceeding fifty lakh rupees in the financial year 1998-99. Sixty percent of normal rate of duty. 2. Clearances upto an aggregate value not exceeding fifty lakh rupees immediately following the clearances specified against S.No. 1 above during the financial year 1998-99. Eighty percent of normal rate of duty. Note I: If any clearances for home consumption have been effected before the 2 nd day of June, 1998 under notification No.16/97-CE dated 1 st April, 1997, whether at nil rate or otherwise, or under notification No.38/97-CE dated 27 th June, 1997, such clearances together with clearances for home consumption, if any, effected on or after the 2 nd day of June, 1998 under notification No.9/98-CE dated 2 nd June, 1998 shall be taken into account for computing the limit of fifty lakh rupees, for S.No.1 above. ILLUSTRATIONS REGARDING S. NO.1 OF THE TABLE: [ Illustration I: A manufacturer operating as on 1 st day of June, 1998 under notification No.38/97-CE dated 27 t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shall be taken into account for the purposes of S. No. 2. ILLUSTRATION REGARDING S. NO. 2 OF TABLE A manufacturer who avail of exemption under notification No. 38/97-CE dated 27 th June, 1997 made clearances worth Rs.50 lakhs at the concessional rate of 60% of normal rate of duty and Rs. 12 lakhs worth of clearances at the concessional rate of 80% of normal rate of duty, upto 1 st June, 1998. Such a manufacturer shall be entitled to additional clearances upto a value of Rs.38 lakhs only (at the concessional rate of 80% of normal rate of duty) in the remaining part of this financial year. 2. The exemption contained in this notification shall apply only subject to the following conditions, namely - (i) a manufacturer who commences his first clearances in the year 1998-99 on or after 2nd June, 1998 and intends to avail the exemption under this notification shall exercise his option in writing for availing the exemption under this notification before effecting the first clearances and such option shall be effective from the date of exercise of the option which shall not be withdrawn during the remaining part of the financial year. A manufacturer who was availing of exemption u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d or not, of another person, except in the following cases, namely :- (a) where specified goods, being in the nature of components or parts of any machinery or equipment or appliances, are cleared for use as original equipment in the manufacture of the said machinery or equipment or appliances by following the procedure laid down in Chapter X of the Central Excise Rules, 1944: Provided that manufacturers, whose aggregate value of clearances for home consumption of such specified goods for use as original equipment does not exceed rupees fifty lakhs in the financial year 1998-99, as calculated in the manner specified in paragraph 1 above, may submit a declaration regarding such use instead of following the procedure laid down in Chapter X of the said rules; (b) where the goods bear a brand name or trade name of- (i) the Khadi and Village Industries Commission; or (ii) a State Khadi and Village Industry Board; or (iii) the National Small Industries Corporation; or (iv) a State Small Industries Development Corporation; or (v) a State Small Industries Corporation; Explanation. - For the purposes of this notification, - (A)"brand name" or "trade name" shall mean a bran ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . (G) where the specified goods are chargeable to nil rate of duty or are already exempt from the whole of the duty of excise leviable thereon under any other notification, the clearances of specified goods used as inputs, shall not be deemed to be exempt under clause (c) of paragraph 3. (H) clearances for home consumption shall also include clearances for export to Bhutan or Nepal. 2 5. This notification shall have effect upto and inclusive of the 31st day of March, 1999 ANNEXURE 1. All goods specified in the Schedule to the Central Excise Tariff Act, 1985 (5 of 1986) , other than the following , namely,- (i) all goods falling under heading No. 21.06 and sub-heading Nos. 2101.10 and 2101.20; 2 (i-a) all goods falling under heading No 09.02; (ii) all goods falling under Chapter 24 of the said Schedule (other than unbranded chewing tobacco and preparations containing chewing tobacco, falling under Heading No. 24.04 of the said Schedule); (iii) all goods falling under heading No. 25.04,; (iv) sandalwood oil, all goods falling under heading Nos. 33.04 and 33.05, and sub-heading Nos 3307.10, 3307.20, 3307.31, 3307.39, 3307.50, and 3307.90; (v) all goods falling ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ene; (xviii) all goods falling under Chapter 60 of the said Schedule except goods falling under sub-heading No.6002.10 and fabrics of cotton man-de fibres not subjected to any process falling under heading Nos. 60.01 60.02; (xix) all goods falling under Chapter 61 of the said Schedule; (xx) all goods falling under Chapter 62 of the said Schedule; (xxi) Blankets of wool falling under Chapter 63 of the said Schedule; (xxii) all goods falling under heading Nos 72.06, 72.07, 72.18, 72.24, cold rolled stainless steel pattis/pattas falling under chapter 72; ingots and billets of non alloy steel falling under sub-heading Nos 7206.90 and 07.90 and hot re-rolled products of non-alloy steel, falling under sub-heading Nos. 7211.11, 7211.19, 7211.30, 7211.52, 7211.59, 7211.60, 7211.92, 7211.99, 7213.90, 7214.90, 7215.90, 7216.10 and 7216.90, on which the duty of excise is paid under section 3A of the Central Excise Act, 1944(1 of 1944); (xxiii) all goods falling under 1 heading Nos. 74.03 (excluding cast brass bars/rods of a length not exceeding 3 feet, and brass billets weighing upto 5 Kilograms, falling under sub-heading No.74033.21), 7407.11, 7407.12, 7408.11, 7408.21, 74.09, coppe ..... 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