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TMI BlogExempts Clearances for home consumptionX X X X Extracts X X X X X X X X Extracts X X X X ..... g entry in column (3) of the said Table TABLE Sl No Value of clearances Rate of duty (1) (2) (3) 1 First clearances upto an aggregate value not exceeding 5 [One hundred lakh rupees] made on or after the 1st day of April in any financial year 6 [Provided that if any clearances for home consumption have been made before the 1st day of September, 2000 under this notification during the financial year 2000-2001 , whether at nil rate or otherwise the aggregate value of such clearances shall be taken into account for computing the limit of one hundred lakh rupees.] 1 [Provided further that in the financial year 2000-2001, in the period beginning with the 1st day of March, 2001 and ending on the 31st day of March, 2001,both days inclusive, the aggregate value of clearances of , a) woven pile fabrics or chenille yarn that may be cleared at nil rate of duty shall be determined in accordance with the transitional provisions contained in paragraph 4A, b) candles, footwear of a retail sale price not exceeding Rs. 125 per pair, tableware and kitchenware of glass, imitation jewellery , vacuum and gas filled bu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y him. Such option shall be exercised before effecting his first clearances at the normal rate of duty. Such option shall not be withdrawn during the remaining part of the financial year. ii. While exercising the option under condition (i), the manufacturer shall inform in writing to the Deputy Commissioner or Assistant Commissioner of Central Excise with a copy to the Superintendent of Central Excise giving the following particulars, namely:- a. name and address of the manufacturer; b. location / locations of factory / factories; c. description of specified goods produced; d. date from which option under this notification has been exercised; e. aggregate value of clearances of specified goods (excluding the value of clearances referred to in paragraph 3 of this notification) till the date of exercising the option; iii. The manufacturer shall not avail 11 [the credit of duty under rule 57AB or rule 57AK of the Central Excise Rules,1944, paid on inputs used] in the manufacturer of the specified goods cleared for home consumption, the aggregate value of first clearances of which, as calculated in the manner specified in the said Table does not exceed rupees one hundr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... el falling under sub-heading 7206.90 and 7207.90, lying in stock on 31st March, 2000, on which duty of excise has been paid under section 3A of the Central Excise Act, 1944.] 4. The exemption contained in this notification shall not apply to specified goods bearing a brand name or trade name, whether registered or not, of another person, except in the following cases :- a. where the 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. Manufacturers, whose aggregate value of clearances of the specified goods for use as original equipment does not exceed rupees fifty lakhs in the financial year 1999-2000 as calculated in the manner specified in paragraph 1 may submit a declaration regarding such use instead of following the procedure laid down in Chapter X of the said rules; b. where the specified goods bear a brand name or trade name of- i. the Khadi and Village Industries Commission; or ii. a State Khadi and Village Industry Boa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is entitled to clearances of an aggregate value of rupees five lakhs at nil rate of duty. 4B. The following transitional provisions shall apply for the period 1st March, 2001 to 31st March 2001,both days inclusive, in respect of the manufacturers of goods specified in clause (b) of the second proviso, against Sl No 1, in column(2) :- 1. notwithstanding anything contained in paragraph 1, the aggregate value of clearances of any one or more of the goods specified in clause (b) of the second proviso, against Sl No 1, in column (2), that shall be allowed to be cleared at nil rate of duty shall be determined in accordance with clauses (2) and (3) below 2. a manufacturer is only entitled to make clearances for home consumption, of an aggregate value not exceeding rupees ten lakhs, at nil rate of duty. 3. for the purposes of these transitional provisions, the aggregate value of clearances shall mean the aggregate value of clearances of any one or more of the goods specified in clause (b) of the second proviso, against Sl No 1, in column(2), determined in accordance with the provisions of paragraph 3 above.] 5. This notification shall come into force on the 1 st day of April,2000. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... notification (other than this notification or a notification in which exemption is based on the value or quantity of clearance) issued under sub-section (1) of section 5A of the said Central Excise Act,1944; G. "clearances for home consumption", wherever referred to in this notification, shall include clearances for export to Bhutan and Nepal. H. "rural area" means the area comprised in a village as defined in the land revenue records , excluding- (i) the area under any municipal committee, municipal corporation, town area committee, cantonment board or notified area committee, or (ii) any area that may be notified as an urban area by the Central Government or a State Government.' 9 [I. refund of duty paid at the concessional rate of five per cent on any clearances made before the 1 st day of September 2000 on the ground that such clearances are included in the aggregate value of clearances under SI. No. 1 of the TABLE, shall not be admissible.] 3 [(J) "retail sale price" means the maximum price at which the excisable goods in packaged form may be sold to the ultimate consumer and includes all taxes, local or otherwise, freight , transport charges, commission payable ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e said Schedule; 4 [xvii. all goods falling under Chapter 58 of the said Schedule except goods falling under heading Nos. 58.03, 58.06, 58.07, 58.08, uncut grey (unprocessed) woven weft pile fabrics of cotton manufactured from grey unprocessed cotton yarn falling under sub-heading No.5801.21, fabrics of cotton or man-made fibres falling under sub-heading No.5802.51, and unprocessed cotton terry towelling fabrics falling under sub-heading No.5802.21; " unprocessed woven pile fabrics of cotton falling under subheading No. 5801.21 and unprocessed woven pile fabrics of manmade fibres falling under sub-heading No.5801.31] xix. all goods falling under Chapter 59 of the said Schedule except goods falling under Heading Nos. 59.01, 59.05, 59.06, 59.08, 59.09 59.10, 59.11 and textile fabrics coated or laminated with preparations of low- density polyethylene; xx. all goods falling under Chapter 60 of the said Schedule except goods falling under sub-heading No.6002.10 and fabrics of cotton man-made fibres not subjected to any process falling under heading Nos. 60.01 or 60.02; 4 [(xix-a) all goods falling under Chapter 62.] xxi. blankets of wool falling under Chapter 63 of the said S ..... 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