Notification No. 34 dated 28^th June 2001 (As amended by Corrigendum dated 30^th July 2001, Notification No. 7 dated 1^st March 2002)

In exercise of the powers conferred by rule 15 of the Central Excise (No. 2) Rules, 2001, the Central Government hereby specifies the excisable goods viz. stainless steel pattis/ pattas, falling under Chapter 72, or aluminium circles falling under Chapter 76 of the First Schedule to the Central Excise Tariff Act, 1985 (5 of 1986) subjected to the process of cold rolling with the aid of cold rolling machine in respect of which an assessee shall have an option to pay the duty of excise on the basis of cold rolling machine installed for cold rolling of these goods and fixes the following rate of duty per cold rolling machine, per month:

Provided that no credit of duly paid on any raw materials, component part or machinery or finished products used for cold rolling of stainless steel pattis/ pattas, or aluminium circles under CENVAT Credit Rules, 2001shall be taken:

Provided further that the procedure mentioned hereinafter is followed.

2.     Application to avail of special procedure:

(1)    The manufacturer shall make an application in the form specified in Appendix-l to this notification to the Superintendent of Central Excise, as the case may be, for this purpose and the Superintendent, may grant permission for the period in respect of which the application has been made.

(2)    The application shall be made so as to cover a period of not less than twelve consecutive calendar months, but permission may be granted for a shorter period for reasons to be recorded in writing, by the Assistant Commissioner of Central Excise or the Deputy Commissioner of Central Excise.

(3)    If at any time during such period the manufacturer fails to avail himself of the procedure contained in this notification, he shall, unless otherwise ordered by the Assistant Commissioner or the Deputy Commissioner, be precluded from availing himself of such procedure for a period of six months from the date of such failure.

(4)    If the manufacturer desires to avail himself of the procedure contained in this notification on the expiry of the period for which his application was granted, he shall, before such expiry, make an application to the Assistant Commissioner of Central Excise or the Deputy Commissioner of Central Excise as under sub-paragraph (1) and on his failure to do so, he shall, except as provided herein, be precluded from availing himself of such procedure for a period of six months from the date of such expiry.

(5)    Notwithstanding anything contained in sub-paragraph (1), an application made by a manufacturer before the commencement of this notification under sub-rule (1) of rule 96ZA of the Central Excise Rules, 1944, shall be deemed to be an application made under sub-paragraph (1) and the same shall be deemed to have been granted under sub-paragraph (1) and where such application has not been granted, the Assistant Commissioner or the Deputy Commissioner shall dispose of the same as if it is an application under sub-paragraph (1).

3.     Discharge of duty liability on payment of certain sum:

(1)    A manufacturer whose application has been granted under paragraph 2 shall pay a sum calculated at the rate specified in this notification, subject to the conditions herein laid down, and such payment, shall be in full discharge of his liability for the duty leviable on his production of such cold re-rolled stainless pattas/ pattis, or aluminium circles during the period for which the said sum has been paid:

Provided that if there is revision in the rate of duty, the sum payable shall be recalculated on the basis of the revised rate, from the date of revision and liability for duty leviable on the production of stainless steel pattis/ pattas, or aluminium circles from that date shall not be discharged unless the differential duty is paid, and in case the amount of duty so recalculated is less than the sum paid, the balance shall be refunded to the manufacturer:

Provided further that when manufacturer makes an application for the first time under paragraph 2 for availing of the procedure contained in this notification, the duty liability for the month in which the application is granted shall be calculated pro-rata on the basis of the total number of days in that month and the number of days remaining in the month from the date of such grant.

(2)    The sum payable under sub-paragraph (1) shall be calculated by application of the appropriate rate to the maximum number of cold rolling machines installed by or on behalf of such manufacturer in one or more premises at any time during three calendar months immediately preceding the calendar month in which the application under paragraph 2 is made.

(3)      The sum shall be tendered by the manufacturer along with the application.

4.     Manufacturer�s declaration and account:

(1)    The manufacturer who has been granted permission under paragraph (2) above shall make an application in the form specified in Appendix �ll to this notification to the Superintendent in charge of the factory for permission to remove the stainless steel pattis/ pattas, or aluminium circles from his premises during the ensuring month, declaring the maximum number of cold rolling machines installed by him or on his behalf, in one or more premises at any time during three calendar months immediately preceding the said calendar month in which such application is made.

(2)    If such application is not made to the Superintendent of Central Excise within the time limit laid down in sub-paragraph (1), the manufacturer shall, unless, otherwise directed by the Assistant Commissioner of Central Excise or the Deputy Commissioner of Central Excise, and in exceptional circumstances, be liable to pay duty on his entire production of stainless steel pattis/ pattas, or aluminium circles during the month or part thereof in respect of which the application was to be made, at the rate prescribed in the First Schedules to the Central Excise Tariff Act, 1985 (5 of 1986) read with any relevant notification or notifications issued under sub-section (1) of section 5A  of the Central Excise Act, 1944 (1 of 1944).

(3)    The manufacturer shall also intimate the Superintendent of Central Excise in writing of any proposed change in the number of cold rolling machines installed by him or on his behalf, and obtain the written approval of such officer before making any such change.

5.     Exemption from certain provisions etc:

(1)    During the period in respect of which any manufacturer has been permitted to avail himself of the procedure of this notification, he shall be exempt from the operation of rule 8 of the Central Excise (No. 2) Rules, 2001.

(2)    Except in accordance with such terms and conditions as the Central Government may by notification specify in this behalf, no rebate of excise duty shall be paid under rule 18 of the said Central Excise Rules, in respect of any stainless steel pattis/ pattas, or aluminium circles exported out of India out of the stock produced by such manufacturer during such period.

6.     Provisions regarding new factories and closed factories resuming production:

(1)    In the case of a manufacturer who commences production for the first time or who recommences production after having ceased production for a continuous period of not less than three months, and who has been permitted by the Assistant Commissioner of Central Excise or the Deputy Commissioner of Central Excise under paragraph 2 to avail of the procedure, the amount payable by him for the first month or part thereof, as the case may be, shall be provisionally calculated on the basis of his declaration of the maximum number of cold rolling machines that are or are likely to be installed by him or on his behalf during such period.

(2)    At the expiry of the period, the amount payable shall be recalculated on the basis of the maximum number of cold rolling machines actually installed and if the initial payment falls short of the total liability so determined, the deficiency shall be recovered from the manufacturer and where the total liability is less than the initial deposit, the balance shall be refunded to the manufacturer.

7.     Power of condone failure to apply for special procedure:

Notwithstanding anything contained in this notification, the Additional Commissioner of Central Excise or the Joint Commissioner of Central Excise may, at his discretion, for reasons to he recorded in writing, and subject to such conditions as he may deem fit, apply the provisions contained in this notification to a manufacturer who has failed to avail himself of the special procedure, or to comply with any condition, laid down in this notification.

8.     Provision regarding factories ceasing to work or reverting to the normal procedure:

Notwithstanding anything contained in this notification, where a manufacturer who had availed himself of the procedure contained in this notification, ceases to work or reverts to the normal procedure, the duty payable by him in the month during which he was availed himself of the procedure shall be calculated on the basis of the maximum number of cold rolling machines installed during the last month in the manner prescribed in paragraph 6 and the amount already paid for the month in accordance with paragraph 3 shall be adjusted towards the duty so calculated and on such adjustment if there is any excess payment it shall be refunded to the manufacturer and any deficiency in duty shall be recovered from the manufacturer.

9.     Confiscation and penalty:

If any manufacturer contravenes any provision of this notification in respect of any excisable goods, then all such goods shall be liable to confiscation, and the manufacturer shall be liable to penalty under rule 25 of the Central Excise (No. 2) Rules, 2001.

10.   This notification shall come into effect on and from the first day of July 2001.

APPENDIX - I

FORM ASP II

APPLICATION FOR PERMISSION TO AVAIL OF THE SPECIAL PROCEDURE RELATING TO STAINLESS STEEL PATTIES OR PATTAS OR ALUMINIUM CIRCLES

Name of the factory/ factories______________________________________

Address _____________________________________________________

I/ We____________________ manufacturers of stainless steel patties or pattas / aluminium circles, residing at____________ taluk/ tehsil ___________ district ____________________ and holders of Central Excise Registration No___________________ dated ______________ hereby apply to avail myself/ ourselves during the __________________ calendar month/ the period beginning with___________ 20___ and ending with _________20____ of the special procedure in respect of the production or transactions in such stainless steel patties or pattas or aluminium circles at my / our above mentioned factory /factories.

2.     I/ We hereby agree to abide by the terms and conditions of the said procedure throughout the said period.

Place:

Date:

________________________ Signature of manufacturers or his/ their authorized agent(s)

Countersigned

______________________________ of Central Excise

Range______________

Circle_______________

Place:

Date:

Permission granted for the calendar month _________________/ the period beginning with ______________ and ending with _____________.

Assistant Commissioner/ Deputy Commissioner of Central Excise

Place:

Date:

Note: Delete the entries, which are not applicable.

APPENDIX-II

APPLICATION FOR REMOVAL OF STAINLESS STEEL PATTIES/ PATTAS MANUFACTURED UNDER THE SPECIAL PROCEDURE

(Original/ Duplicate/ Triplicate/ Quadruplicate)

Name of the Factory _______________________________________

Address _______________________________________________________________________________

1.     I/ we _____________________ manufacturer(s) of stainless steel patties/ pattas __________ residing at ______________ Taluka/ Tehsil ___________ District _________ and holder(s) of Central Excise Registration No. _________________ dated ______ having been permitted to avail myself/ ourselves of the special procedure contained in the notification issued under rule 15 of Central Excise (No. 2) Rules 2001, in respect of my/ our production and transactions in such stainless steel patties/ pattas at the above-mentioned factory/ factories hereby declare that I/ we intend to install and employ the cold rolling machines for the production of stainless steel patties/ pattas during the year _________ in the manner indicated below, and the total sum payable by me/ us in terms of the provisions laid down in the notification in respect of the said period are stated hereunder:

2.     I/ we tender herewith the sum of Rs._________________ (Rupees _____________________ only). The balance will be paid by me/ us in monthly instalments.

3.     I/ we hereby declare that the particulars furnished herein are true and complete to the best of my/ our knowledge and belief.

4.     I/ we apply for leave to remove from the above mentioned premises during the period from ___________ to ___________ any stainless steel patties/ pattas manufactured in the said premises during that period.

5.     I/ we understand that the permission accorded to me/ us for the year _________ is subject to my/ our paying the balance amount as indicated in paragraph 2 above.

Place: ___________________

Date: ____________________

Signature of manufacturer or his authorised agent

To

The Superintendent of Central Excise

_________________________ Range

________________________ Division

Countersigned

Place: ________________

Date: _________________

Superintendent of Central Excise

_____________________Range

_____________________ Circle

Statement of duty paid

(a) For payment in cash at ________________________

Treasury

State Bank of India

Reserve Bank of India

(To be filled in by the manufacturer or his authorised agent)

Head of Account: 038-Union Excise Duties � Stainless steel patties/ pattas

(b)    Under the compounded levy scheme.

Date __________________                                                          Signature of the tenderer __________________

(To be filled in by the Treasury or Bank)

CERTIFICATE

Deposit Number ________________ Date ____________ Received payment of rupees (in words) ________________

Signature of Treasurer or Accountant /Agent or Manager

(c)    For payment through account-current:

Place ______________

Date ______________

Signature of the manufacturer of his Authorized agent

(d)    For payment through T.R.5/ Special Revenue Money Order:

Place: __________________

Date: __________________

Clearance allowed subject to fulfillment of the conditions of deposits

Superintendent of Central Excise

Note: Delete the entries not applicable.