This
notification has been rescinded vide Notification No. 46 dated 6th September
2002
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.
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Sl. No.
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Value of clearances
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Rate of duty
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(1)
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(2)
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(3)
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1.
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First
clearances upto an aggregate value not exceeding twenty five lakh rupees made
on or after the-
(i)
1st day of May in the financial year 2001-2002
(ii)
1st day of April in any other financial year.�
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Nil
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2.
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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.
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Nil
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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 this 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 a symbols, 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 on 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 in
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.