Central Excise Non-Tariff Notification 40/2008

the Appellate Tribunal was right in holding that the second reassessment proceedings were not validly initiated and thereby quashing the reassessment proceedings-the proceedings initiated by the AO for the second time under Section 147 is barred by limitation-even the proviso to Section 147 does not come into play on the facts of the case-AIT-2010-373-HC Even if the goods belong to same entry, manufacture does take place if new identifiable/marketable goods known in market emerge due to operation conducted-the process of ironing applied to the stiched brassieres prior to their packing was a process incidental to the completion of the brassieres as a manufactured product-process of purification and filtration being incidental or ancillary to the manufacture of a marketable product, the Respondent was entitled to Modvat credit on the inputs involved-AIT-2010-370-HC Larger Bench of CESTAT rules the Tribunal has ample power to condone the delay in filing the appeal including the one filed under section 35 E (4)-AIT-2010-372-CESTAT Corruption in IRS takes its toll-Deputy Commissioner of Income Tax Dhananjay Kumar arrested by CBI in Mumbai-Joint Commissioner of Customs & Excise Hemant Kothikar also arrested by CBI FM directs expediting of Cadre Restructuring in CBDT & CBEC Tariff Value for import of Brass Scrap is 3924-Customs Non-Tariff Notification No. 78 Chief Justice of Gauhati High Court Justice Ranjan Gogoi to be Chief Justice of Punjab & Haryana High Court Anti-dumping duty on imports of Acrylic Fibre originating in, or exported from Japan and Belarus-Customs Tariff Notification No.85 Prescribing SION for new product “Propylene” under Chemical & Allied Products Group-DGFT PN 7 Inclusion of Finished Leather in the Focus Product Scheme of FTP-DGFT PN 6 Exchange Rate for imported goods is Rs 47.25 per US Dollar and Rs 60.35 per EURO-Exchange Rate for export goods is Rs 46.30 per US Dollar and Rs 58.70 per EURO-Customs Non-Tariff Notification No. 77-Click on Exchange Rate for details Anti Dumping Duty under the Notification No.15/2007 is not applicable to Spandex Yarn (Elastomeric yarn)-Customs Circular No.30 Import of goods under Notification No.13/2010 for Commonwealth Games, 2010-Customs Circular No.31 Larger Bench of CESTAT rules charges towards pre-delivery inspection and after-sale-service by dealers from buyers of the cars to be included in the assessable value of cars for payment of excise duty-AIT-2010-366-CESTAT merely because there was non accounting of goods, penalty was technical and inference of clandestine removal was not called for-AIT-2010-365-HC ITAT rules provision for doubtful debts and provision for standard debts are to be taken into consideration for computation of book profit u/s. 115JB of the IT Act-AIT-2010-361-ITAT HC rules slitting of aluminum foils into customized width, mounting the same on the printing machine and thereafter printing the necessary text thereon is covered for 80IB benefit as it falls within the ambit of the term “produce”-AIT-2010-363-HC Definitive Anti-dumping duty imposed on imports of Coumarin, originating in, or exported from China-Customs Tariff Notification No. 82 Special Bench of ITAT Ruling-where a forward contract is entered into by the assessee to sell the foreign currency at an agreed price at a future date falling beyond the last date of accounting period, the loss is incurred to the assessee on account of evaluation of the contract on the last date of the accounting period i.e. before the date of maturity of the forward contract-AIT-2010-355-ITAT-SB

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Notification No. 40/2008-Central Excise (N.T.)

New Delhi, the 29th September, 2008

G.S.R. (E).- In exercise of the powers conferred by sub-rule (2) of rule 9 read with rule 33 of the Central Excise Rules, 2002, the Central Board of Excise and Customs, hereby makes the following further amendment in the notification of the Government of India in the Ministry of Finance (Department of Revenue) No. 36/2001- Central Excise (N.T.) dated the 26th June, 2001, which was published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section(i) vide number G.S.R. 465(E), dated the 26th June, 2001 namely:-

2. In the said notification,-

(i) in para (1), after sub-para (i), for the proviso, the following provisos shall be substituted, namely,-

“Provided that a manufacturer availing exemption under clause (b), shall file a revised declaration for the previous year 2007-08 by 31st October, 2008:

Provided further that an independent weaver who intends to opt for the procedure specified in rule 8A of the CENVAT Credit Rules,2002 , shall file an application in the form specified in Annexure-IA to the notification No.35/2001-Central Excise(N.T.) , dated 26th June, 2001 (G.S.R. 464 (E), dated the 26th June, 2001) and shall obtain a twelve digit declarant code from the Superintendent of Central Excise having jurisdiction in this behalf, before issuance of any challan referred to in the said rule 8A; such option once exercised during a financial year cannot be withdrawn during the same financial year.”

(ii) for the Schedule, the following Schedule shall be substituted, namely,-

THE SCHEDULE

1. Name and full address of the factory:

2. Name and addresses of other factories/manufacturers (producing such goods) in whom the manufacturer claiming the exemption has proprietary interest:

3. Status of business (tick only one box):

Proprietorship	Partnership			Registered Company
Unregistered Company		Trust	Society		Others

4. Permanent Account Number (PAN) allotted by the Income tax Deptt:

5. VAT registration number allotted by the State VAT Deptt.:

6. Details of electricity connection:

(a) Name of electricity supplying company

(b) Total number of electricity meters installed in the factory

(ii) Electricity meter number(s):

(d) Sanctioned electricity load:

(i) Unit of measurement (HP/KWh/others-specify)

(ii) Quantity

7. Details of the excisable goods manufactured by the factory during the preceding financial year ___________

S.No.	Description of excisable goods	Classification under First Schedule to the Central Excise Tariff Act, 1985(5 of 1986)	Value of clearance (Rs.)	Notification No. and date, availed	Sr. No. in the notification (if any).
1.	2.	3.	4.	5.	6.

(Signature of the Declarant)

F.No.224/52/2004-CX 6

(Rahul Nangare)
Under Secretary to the Government of India

Note: The principal notification was published in the Gazette of India Extraordinary, Part II, Section 3, Sub-section (i) vide notification No. 36/2001-Central Excise (N.T.), dated the 26th June, 2001, vide number G.S.R. 465(E), dated the 26th June, 2001 and was last amended by notification No. 14/2005-Central Excise (N.T.) dated the 1st March, 2005 published in the Gazette of India Extraordinary, Part II, Section 3, Sub-section(i) vide number G.S.R. 137(E), dated the 1st March, 2005.