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Amendments to the Central Excise (No.2) Rules 2001
Notification No. 2 dated 22nd February
2002 (NT)
In exercise of the powers conferred by section 37 of
the Central Excise Act, 1944 (1 of 1944), the Central Government hereby makes
the following rules further to amend the Central Excise (No.2) Rules, 2001,
namely:
1.
(1) These rules may be
called the Central Excise (No.2) Amendment Rules, 2002.
(2) They shall come into
force on the date of their publication in the Official Gazette.
2.
In the Central Excise (No.2) Rules, 2001, after rule 30, the following
rule shall be inserted, namely: -
"30A. Restrictions on
removal of goods � (1) Notwithstanding anything contained in these rules, no
goods shall be removed from a factory or a warehouse between the time appointed
for presentation of the Annual Budget or any Supplementary Budget of the Central
Government in the House of the People to Parliament or for the introduction in
the House of the People of any Finance Bill or any Bill for imposition or
increase of any other duty, as the case may be, and 2400 hours midnight on the
day on which such Budget, Finance Bill or any other Bill, as the case may be, is
presented or introduced, unless, -
(i) the assessee
has obtained permission of the Commissioner under sub-rule (2), and
(ii) an application for such
removal in the proper form has been presented by the assessee to the Central
Excise Officer and such an application has been acknowledged by him before 1700
hours on the working day immediately preceding such day:
Provided that no such
application for the removal of goods which may come into existence at any time
after the appointed time shall be acknowledged unless the terms, conditions and
limitations imposed by the Commissioner in this behalf are complied with.
Explanation:
For the purposes of this rule, "goods" include goods, which may
come into existence at any time after the appointed time.
(2) Where an assessee intends to
remove goods from a factory or a warehouse under sub-rule (1), he may make an
application in this behalf in writing to the Commissioner undertaking to pay
duty at the enhanced rate, if any, that may be applicable to such goods with
effect from the date immediately following the date on which the Budget, Finance
Bill or any other Bill, as the case may be, is presented or introduced, and to
comply with such conditions as the Commissioner may specify and thereupon the
Commissioner may, if he considers it necessary or expedient in the public
interest so to do, permit the removal of such goods.".
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