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TMI BlogNOTES ON CLAUSES - EXCISEX X X X Extracts X X X X X X X X Extracts X X X X ..... rmed dues. It is also proposed to insert a new section 15B which provides for imposition of penalty if the information return is not submitted. [Clause 90] 4) Section 31(g) and section 32(1) is being amended to change the name of the Customs and Central Excise Settlement Commission to the Customs, Central Excise and Service Tax Settlement Commission as the scope of the functioning of the Customs and Central Excise Settlement Commission was expanded in the year 2012 so as to include settlement of Service Tax matters as well. [Clause 91, 92] 5) Section 32E(1) is being amended to replace the reference to section 11AB with a reference to section 11AA since section 11AB has been omitted by the Finance Act, 2011. [Clause 93] 6) Section 32E(1) is also being amended to allow filing of applications of settlement before the Settlement Commission in cases where the applicant has not filed the returns after recording reasons for the same. [Clause 93] 7) Section 32E is being amended to omit sub-section (2) since the same is redundant. [Clause 93] 8) Section 32O(1) is being amended so as to insert an Explanation that the concealment of particulars of duty liability relates to any such concealmen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 985: 1) Excise duty on cigarettes is being increased by 72% for cigarettes of length not exceeding 65 mm and by 11% to 21% for cigarettes of other lengths. Similar increases are proposed on cigars, cheroots and cigarillos. 2) Basic excise duty is being increased from 12% to 16% on pan masala, from 50% to 55% on unmanufactured tobacco and from 60% to 70% on jarda scented tobacco, gutkha and chewing tobacco. 3) Tariff item 2402 20 60 is being omitted. 4) The entry 2403 19 occurring against the description Other than paper rolled biris, manufactured without the aid of machine is being substituted with 2403 19 21. 5) The unit quantity code against certain entries is being changed. [Clause 105] The changes at 1) to 4) will come into effect immediately owing to a declaration under the Provisional Collection of Taxes Act, 1931. RETROSPECTIVE AMENDMENT TO RULES: 1) Rule 8 of the Pan Masala Packing Machines (Capacity Determination and Collection of Duty) Rules, 2008 is being amended with retrospective effect from 13.04.2010 to provide that where a manufacturer manufactures pouches of different RSPs on a single machine, the duty liability for that month would be the duty applicable to the hi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... manufacturer to another factory of the same manufacturer for manufacture of tractors. III. METALS: 1) Excise duty on winding wires of copper is being increased from 10% to 12%. IV. PRECIOUS METALS 1) Un-branded articles of precious metals are being exempted from excise duty for the period 01.03.2011 to 16.03.2012. V. TEXTILES: 1) Excise duty on Polyester Staple Fiber (PSF) and Polyester Filament Yarn (PFY) manufactured from plastic waste or scrap or plastic waste including waste polyethylene terephthalate (PET) bottles (which is already exempt w.e.f. 08.05.2012) is being exempted retrospectively w.e.f. 29.06.2010 to 07.05.2012 and intermediate product Tow arising during the course of manufacture of such PSF/PFY is being exempted retrospectively w.e.f. 29.06.2010 to 10.07.2014. 2) Excise duty at the rate of 2% (without CENVAT) or 6% (with CENVAT) is being imposed on Polyester Staple Fiber and Polyester Filament Yarn manufactured from plastic waste or scrap or plastic waste including waste polyethylene terephthalate (PET) bottles w.e.f. 11th July, 2014. VI. HEALTH: 1) Full exemption from excise duty is being provided to DDT manufactured by Hindustan Insecticides Limited for supply to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r use in the manufacture of solar cells/modules. 7) Full exemption from excise duty is being provided on machinery, equipments, etc. required for setting up of compressed biogas plant (Bio-CNG). IX. CONSUMER GOODS 1) The scope of the phrase not mixed with any other ingredient in the context of excise duty exemption on heena powder or paste, not mixed with any other ingredient is being clarified so as to provide that the exemption is available to heena powder mixed with a liquid, so far that the liquid is a medium to change the form of heena powder into paste but excludes products like heena dye and such other products which are cosmetics and have no ceremonial or traditional value. 2) Excise duty is being reduced from 12% to 6% on footwear of retail price exceeding ₹ 500 per pair but not exceeding ₹ 1,000 per pair. Footwear of retail price upto ₹ 500 per pair will continue to remain exempted. 3) Excise duty on hand operated sewing machine (2% without CENVAT / 6% with CENVAT) is being rationalized by levying concessional excise duty on sewing machines other than those operated with electric motors (whether in-built or attachable to the body) 4) Semi- mechanized uni ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nent) is being exempted on goods cleared by an EOU into the DTA. 6) A clarification is being issued that the exemption from education cess and secondary higher education cess under notifications No.28/2010-CE and No.29/2010-CE, both dated 22.06.2010 is applicable only in respect of the clean energy cess leviable on coal and not in respect of excise duty leviable on coal. 7) It is being clarified that all goods falling under headings 8601 to 8606 (except 8604) attract 6% excise duty with CENVAT benefit. MISCELLANEOUS 1) The Seventh Schedule to the Finance Act, 2001 dealing with National Calamity Contingent Duty is being amended to omit the tariff item 2402 20 60 as a consequential change to amendment in the First Schedule to the Central Excise Tariff Act. This change will come into effect immediately owing to a declaration under the Provisional Collection of Taxes Act, 1931. [Clause 107] 2) The Seventh Schedule to the Finance Act, 2005 dealing with Additional Excise Duty is being amended so as to: (a) impose an additional duty of excise at the rate of 5% ad valorem on aerated waters containing added sugar. (b) omit the tariff item 2402 20 60 as a consequential change to amendment in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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