30th April, 2001
Notification No 24 / 2001-Central Excise
In exercise of the powers
conferred by sub-section (1) of section 5A of the Central Excise Act, 1944 (1
of 1944) , the Central Government, being satisfied that it is necessary in the
public interest so to do, hereby exempts clearances, specified in column (2) of
the Table below (hereinafter referred to as the said Table) for home
consumption, of ball or roller bearings falling under Chapter 84 of the First
Schedule to the Central Excise Tariff Act, 1985 (5 of 1986) (hereinafter
referred to as the specified goods), from so much of the duty of excise
specified thereon in the First Schedule to the said Central Excise Tariff Act,
as is in excess of the amount calculated at the rate specified in the
corresponding entry in column (3) of the said Table.
Provided that nothing
contained in this notification shall apply to a manufacturer who has availed
the exemption under Notification no. 39/2001-Central Excise dated the 31st
July, 2001 in the same financial year.
Table
|
Sl No |
Value of clearances |
Rate of duty |
||||
|
(1) |
(2) |
(3) |
||||
|
1 |
First clearances upto an
aggregate value not exceeding twenty five lakh rupees made on or after the –
|
Nil |
||||
|
2. |
All clearances of the specified goods which are used as inputs for further manufacture of any specified goods within the factory of production of the specified goods. |
Nil |
2. The
exemption contained in this notification shall apply subject to the following
conditions, namely :-
(i) Where
a manufacturer clears the specified goods from one or more factories, the
exemption in his case shall apply to the aggregate value of
clearances mentioned against each of the serial numbers in the said Table and
not separately for each factory.
(ii)
Where the specified goods are cleared by one or more manufacturers from a
factory, the exemption shall apply to the aggregate value of clearances
mentioned against each of the serial numbers in the said Table and not
separately for each manufacturer.
(iii) The
aggregate value of clearances for home consumption of the specified goods, by a
manufacturer from one or more factories, or from a factory by one or more
manufacturers, does not exceed twenty five lakh rupees in the preceding
financial year.
Provided that in a case where there are no clearances for home consumption of
the specified goods in the preceding financial year , the exemption shall apply
only if the manufacturer -
(i) submits a declaration in writing to the jurisdictional Deputy Commissioner
or Assistant Commissioner of Central Excise, with a copy to the Superintendent
of Central Excise, before effecting his first clearance, that the aggregate
value of clearances for home consumption of the specified goods in the
financial year shall not exceed twenty five lakh rupees,
(ii) gives an undertaking in writing that if the aggregate value of clearances
for home consumption of the specified goods in the financial year exceeds
twenty five lakh rupees, he shall pay the normal rate of duty on the clearances
in that financial year, including the first clearances of twenty five lakhs.
3. For
the purposes of determining the aggregate value of clearances for home
consumption, the following clearances shall not be taken into account, namely:-
(a) clearances, which are exempt from the whole of the duty
of excise leviable thereon (other than an exemption based on quantity or value
of clearances) under any other notification or on which no duty of excise is
payable for any other reason ;
(b) clearances bearing the brand name or trade name of
another person, which are ineligible for the grant of this exemption in terms
of paragraph 4 ;
(c) clearances of the specified goods which are used as
inputs for further manufacture of the specified goods within the factory of
production of the specified goods.
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 .
5. This
notification shall come into force on the 1st day of May,2001.
Explanation.- For the purposes of this
notification,-
(A) "brand name" or "trade
name" means a brand name or a trade name, whether registered or not, that
is to say, a name or a mark, such as symbol, monogram, label, signature or
invented word or writing which is used in relation to such specified goods for
the purpose of indicating, or so as to indicate a connection in the course of
trade between such specified goods and some person using such name or mark with
or without any indication of the identity of that person;
(B) where the specified goods manufactured
by a manufacturer bear a brand name or trade name, whether registered or not,
of another manufacturer or trader, such specified goods shall not, merely by
reason of that fact, be deemed to have been manufactured by such other
manufacturer or trader;
(C) "value" means the value as
determined in accordance with the provisions of section 4 of the said Central
Excise Act or the tariff value fixed under section 3 of that Act;
(D) "normal rate of duty" means the duty of excise
specified in the First Schedule to the said Central Excise Tariff Act read with
any relevant 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;
(E) "clearances for home consumption", shall include clearances for export to Bhutan and Nepal.
G.D.Lohani
Under Secretary to the Government of India
F.No B9/6/2001-TRU
(Notification No 24 / 2001-Central Excise, dated 30-4-2001,
as amended by Notification No. 40/2001-C.E., dated 31-7-2001)