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

 New Delhi, dated the  1 st  March, 2005.

No. 14/2005-Central Excise (N.T.)   10 Phalguna, 1926 (Saka)

 

 

    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, on being satisfied that it is

necessary and expedient in the public interest so to do, hereby makes the following  further amendment in

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

vide number G.S.R. 465(E), dated the 26t h June, 2001  namely:-  

 

2.  In the said notification,-

(i)  in paragraph (3), in Explanation, for the words “ten lakh rupees”, the words “sixty lakh rupees”

shall be substitu ted;

(ii)  for the ‘Declaration Form’ and the schedule, the following shall be substituted namely:-

 

 

“Declaration Form

To

The Deputy Commissioner/Assistant Commissioner,

Central Excise,

 

I/We……………………………………… declare that to the best of my/our knowledge and belief the

information furnished  in the Schedule below is true and complete.

 

 I/We……………………………………….declare that wherever the exemption has been claimed on the basis

of conditions mentioned in the notification(s) or in Central Excise Tariff Act, 1985 (5 of 1986), the said

cond itions have been fulfilled by me/us.

 

I/We undertake to apply for Central Excise Registration in the proper form as soon as the value of the goods,

mentioned in the said Schedule, cleared for home consumption in a financial year, reaches the full exemption

limit or as soon as the goods mentioned in the Schedule become ch argeable to duty.

 

I/We undertake to maintain such records and fo llow such procedure as may be specified by the Commissioner

in relation to the exempted goods.

 

I/We also undertake to intimate any change in the informatio n furnished in the said Schedule.

 

 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.  Details of the excisable goods manufactured by the factory during the preceding Financial year:

 

S.No. Description of   Classification under   Value of   Notification No.   Sr. No. in the

excisable goods  First Schedule to the  clearance   and date, availed  notification  

Central Excise Tariff  (Rs.)  (if any)

Act, 1985 (5 of 1986)

(1) (2)  (3)  (4)  (5)  (6)

          

 

  (Signature of the Declarant)

 

 Note.-  1. Portion  of the Form/Schedule that is not relevant may b e deleted.

 

2. Where the goods are exempted from the Tariff, the relevant provision giving such exemption may be

mentioned in column (5) against particular Tariff sub-heading.”. 

 

  

3.   This notification shall come into force on 1s t  day of April, 2005.

 

 [F.No.224/50/2004-CX.6]

 

 

 

                                                                  (Neerav Kumar Mallick)

Under Secretary to the Government of India

 

Note: The principal notification was published in the Gazette of India Extraordinary, vide notification No.

36/2001-Central Excise (N.T.), dated the 26t h June, 2001, vide number G.S.R. 465(E), dated the 26t h June, 2001

and was last amended vide notification No. 53/2003-Central Excise (N.T.), dated the 9t h June, 2003 vide

number G.S.R. 464(E), dated the 9t h June, 2003.

 

 

 

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