Regarding Notification No. 22/98-CE (NT) dated 4th June 1998 for
exemption from registration under rule 174 of the Central Excise Rules, 1944-
and filing of declaration - Instructions
Circular
No. 400
dated 9th June 1998
I
am directed to draw your attention to notification No. 22/98-CE (NT) dated 4th
June, 1998 (hereinafter referred to as the said notification) issued under the
provisions of rule 174, superseding notification No. 13/92-CE (NT) dated
14.5.92. The provisions for exemption from registration under rule 174 and
filing of a 'declaration' remains the same as in the erstwhile notification
13/92-CE (NT), ibid, except the following changes that have been brought about
by notification No. 22/98-CE (NT):
(1)
The declaration, wherever required, has to be filed only once and not
every year.
(2)
Exemption From Declaration: The small manufacturers/ factories availing
exemption based on 'value of clearances of goods', have been exempted from
filing declaration under the said notification, if the value of clearances from
one or more factory of a manufacturer or by one or more manufacturers from one
factory, do not exceed the 'specified limit'.
2.
The expressions, 'Full exemption limit' and 'Specified limit' used in the
said notification amplified:
(a)
The term full exemption limit' has already been defined in the said
notification. To amplify, under notification No. 8/98-CE. dated 2.6.98 the full
exemption limit is Rs. 50 lakhs. Similarly, in respect of other notifications,
where exemption is based on the value of clearances, the value upto which goods
are wholly exempted from payment of excise duty will be considered as full
exemption limit.
(b)
The expression 'specified limit' has been defined in the Explanation to
the said notification i.e. full exemption limit minus ten lakh rupees. For
example, under notification No. 8/98-CE dated 2.6.98, the specified limit will
be Rs. 40 lakhs.
3.
Since large numbers of small manufacturers are expected to benefit from
this simplification of procedure, wide publicity should be given to these
changes with the help of trade notices and the local media. The field formations
may be suitably instructed regarding implications of these changes.
Regarding
Central Excise-Exemption from Pre-authenticating the Invoices
Invoice
dated 5th June 1998
Attention
to drawn to notification No. 15/98CE (NT) dated 2.6.98 wherein a proviso is
added to Sub-Rule (7) of Rule 52A. By insertion of this Sub-Rule Commissioners
may be general or special order exempt an assessee or class of assesses from
pre-authenticating each foil of invoice book and from intimating serial number
of the invoices.
However,
Board has decided that the assesses paying duty of rupees five crores above in
PLA, in a financial year would be treated as class of assesses eligible for the
above exemption. It is further reiterated that, the exemption is restricted only
to the aforesaid class of assesses.
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