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Notification regarding Rule 57K
Notification No. 79 dated 1st
March 1988 {As amended by 10/95 (NT)}
In exercise of the powers conferred by rule 57K of the Central Excise
Rules, 1944, the Central Government hereby specifies-
(i)
In the inputs namely, polyester filament yarn whether textured or not,
falling within Chapter 54 of the Schedule to the Central Excise Tariff Act, 1985
(5 of 1986) and used in the manufacture of the final product, namely, fabrics of
polyester filament yarn, woven on looms other than handlooms and subjected to
the process of bleaching dyeing printing, shrink-proofing, tentering,
heat-setting, crease-resistant processing or any other process or any one or
more of these processes, not containing or containing (a) cotton, and (b)
polyester staple fibre in which the proportion of polyester staple fibre and
yarn is less than 70 percent, by weight of the total fibre content; and
(ii) Rs.43.75
per kilogram as the rate at which credit may be granted for use of the said
inputs in the manufacture of the final products;
for the purpose of Section AAA of Chapter V of the said Rules and
stipulates that the grant of credit and utilisation thereof, shall, in addition
to the provisions of the said section, be subject to the following conditions,
namely: -
(i)
the credit shall be taken only in respect of the quantity of polyester
filament yarn used under a programme duly approved by the Textile Commissioner
and an officer not below the rank of Joint Secretary in the Ministry of Textiles
for the manufacture of low price fabrics of polyester filament yarn;
(ii)
the manufacturer shall within such period as the Assistant Commissioner
of Central Excise may specify in this behalf produce a certificate from the
Textile Commissioner to the effect that the said polyester filament yarn has
been used for the aforesaid purpose;
(iii) the credit
shall be taken only after the said polyester filament yarn have been actually
used for weaving of the said
fabrics of polyester filament yarn;
(iv)
the credit taken during any calendar month shall be utilised for payment
of duty on the said fabrics of polyester filament yarn only after the
commencement of the succeeding month;
(v) the Form RG
23B Part I and Part II shall be maintained separately for each variety of the
said fabrics of polyester filament yarn; and
(vi)
the credit of polyester filament yarn used in the manufacture of each
variety of the fabrics of polyester filament yarn specified in clause (i) above,
shall be utilized for payment of duty leviable on that variety of fabrics of
polyester filament yarn alone and no amount of the excess credit, if any,
available in the credit account shall be refunded to the manufacturer or adjust against or
utilized for payment of duty on any other excisable goods.
2.
The credit shall also be permissible on polyester filament yarn contained
in any fents, rags and chindies of the said low price fabrics of polyester
filament yarn upto and aggregate quantity of such fents, rags and chindies not
exceeding 8 percent of the total clearances of such low price fabrics.
Explanation:
For the purpose of this notification, -
(a) �low price� in respect of a variety of
fabrics mean the maximum ex-factory price fixed for such fabric under the
programme referred to in condition (i) above;
(b) �fents� means-
(i) bonafide cut-pieces of fabrics (excluding
cut-pieces of towels) of length 45 centimeters or more but not exceeding 90
centimeters where the width of the fabric is one meter or more, and of length 65
centimeters or more but not exceeding 135 centimeters where the width of the
fabric is less than one meter, arising during the normal course of manufacturing
(including processing) or packing or drawing samples;
(ii) damaged fabrics (excluding damaged towels)
of length 45 centimeters or more but not exceeding 90 centimeters where the
width of the fabric is one meter or more, and of length 65 centimeters or more
but not exceeding 135 centimeters where the width of the fabrics is less than
one meter; and
(iii) cut-pieces of length 45 centimeters of more
but not exceeding 90 centimeters where the width of the fabrics is one meter or
more, and of length 65 centimeter or more but not exceeding 135 centimeters
where the width of the fabric is less than is less than one meter, cut from damaged dhotis or sarees.
(i) bonafide cut-pieces of fabrics of length more
than 23 centimeters but less than 45 centimeters where the width of the fabric
is one meter or more, and of length more than 23 centimeters but less than 65
centimeters where the width of the fabric is less than one meter, arising during
the normal course of manufacturing (including processing) or packing or drawing
samples; and
(ii) cut-pieces of damaged or sub-standard
fabrics of length more than 23 centimeter but less than 45 centimeters where the
width of the fabric is one meter or more, and of length more than 23 centimeters
but less than 65 centimeters where the width of the fabric is less than one
meter,
(d) �chindies� means normal cut-pieces of
fabrics which are 23 centimeters of less in length including remnants or
cut-pieces of fabrics, damaged or otherwise deficient in standard.
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