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Supersession of the Notification No. 35/2003-CE, Dt. 30/04/2003

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..... and Company Affairs (Department of Revenue) No. 35/2003-Central Excise dated the 30th April 2003, published in Gazette of India, Extraordinary, Part II section 3, sub-section (i), dated the 30th April 2003 [G.S.R. 364 (E), dated the 30th April 2003], the Central Government, being satisfied that it is necessary in the public interest so to do, hereby exempts clearances, specified in column (4) of the Table below (hereinafter referred to as the said Table) for home consumption of excisable goods of the description specified in the corresponding entry in column (3) of the said Table and falling under the Chapter of the First Schedule to the Central Excise Tariff Act,1985 (5 of 1986) specified in the corresponding entry in column (2) of said Ta .....

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..... ubject to the following conditions, namely: - (i) where a manufacturer clears the said fabrics from more than one factories, the exemption in his case shall apply to the said aggregate value of clearances for home consumption from all such factories and not separately for each factory; (ii) where the said fabrics are cleared by more than one manufacturers from a factory, the exemption shall apply to the said aggregate value of clearances for home consumption by all such manufacturers and not separately for each manufacturer; (iii) the aggregate value of clearances for home consumption of said fabrics, by the said manufacturer from one or more factories, or from a factory by one or more manufacturers, does not exceed thirty five lakh rupe .....

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..... part of that financial year. 3. For the purposes of determining the aggregate value of clearances for home consumption, the clearances of unprocessed fabrics, to a place other than the place of manufacture of the unprocessed fabrics, for job work under Notification No. 7/2004-Central Excise, dated the 19th January 2004, shall not be taken into account; Provided that, if the fabrics, which has been cleared for job work, is not returned to the manufacturer of unprocessed fabrics, then the value of such unprocessed fabrics cleared shall be included towards calculating the said aggregate value of clearances. Explanation.-For the purposes of this notification: - (i) "Value" means the value as determined in accordance with the provisions of .....

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