Notification No. 83 dated 11th
April 1994 (As amended by 18/97, 39/97, 7/98, 18/99, 36/99, 31/2000,
Notification No. 17 dated 31st March 2001, Notification No. 17 dated
28th March 2002, Notification No. 16 dated 1st
March 2003)
In exercise of the powers conferred
by sub-section (1) of section 5A of the Central Excises and Salt Act, 1944 (1
of 1944), the Central Government, being satisfied that it is necessary in the
pubic interest so to do, hereby exempts excisable goods -
(i)���� of the description specified in the
Annexure to the notification of the Government of India in the Ministry of Finance
(Department of Revenue) No. 8/2003-Central Excise dated the 1st
March 2003 and 9/2003-Central Excise dated the 1st March 2003; or
(ii)��� falling under sub-heading 8413.11, 8413.12,
8413.13 and 8413.14 of the Schedule to the Central Excise Tariff Act 1985 (5 of
1986) (hereinafter referred to as the specified goods) manufactured in the
factory as job work, from the whole of the duty of excise leviable thereon
which is specified in the said Schedule, subject to the condition that the
supplier of the raw materials or semi-finished goods given an undertaking to
the proper officer having jurisdiction over the factory of the job worker -
(a)��� that the specified goods received from the
job worker shall be used in the factory of such supplier in or in relation to
the manufacture of specified goods which are exempted from the whole of the
duty of excise leviable thereon under the aforesaid notifications under the said
notification, or goods falling under heading numbers 74.17, 84.36, 84.37, 87.14
or 96.08 or sub-heading numbers 7321.90, 8424.10, 8424.91, 8481.20, 8481.92,
9017.10 or 9405.10 of the said Schedule as the case may be,
(b)��� that in the event of his failure to do so,
he undertakes to pay excise duty, if any, payable on such goods, but for the
exemption contained in this notification, as if such goods were manufactured by
the said supplier and sold on his own account:
Provided that the waste or bye
product, if any, generated during the process of such job work shall also be
exempt from the whole of the duty of excise leviable thereon under the said
Schedule if-
(i)���� such waste or bye product is used by the
job worker of the manufacture of the said specified goods within his factory; or
(ii)��� returned to the said supplier and are used
in the factory of the said supplier in or in relation to the manufacture of the
specified goods.
Explanation: For the purposes of this
notification, the expression �job work� means processing of or working upon raw
materials or semi-finishing goods supplied to the job worker, so as to complete
a part or whole of the process resulting in the manufacture or finishing of an
article or any operation which is essential for the aforesaid process, and the
expression �job worker� shall be construed accordingly.