TMI BlogExempts Clearances for home consumptionX X X X Extracts X X X X X X X X Extracts X X X X ..... Sl No Value of clearances Rate of duty (1) (2) (3) 1 First clearances upto an aggregate value not exceeding 1 [one hundred lakh rupees] made on or after the 1st day of April in any financial year 2 [Provided that if any clearances for home consumption have been made before the 1 st day of September 2000, whether at nil rate or otherwise, the aggregate value of such clearances shall be taken into account for computing the limit of one hundred lakh rupees.] 7 [Provided further that in the financial year 2000-2001, in the period beginning with the 1st day of March, 2001 and ending on the 31st day of March, 2001, both days inclusive, the aggregate value of clearances of woven pile fabrics or chenille yarn that may be cleared at the concessional rate of sixty percent of normal duty, shall be determined in accordance with the transitional provisions contained in paragraph 11 [4A] and the aggregate value of clearances of cartons, boxes, containers and cases of corrugated paper or paperboard; corrugated paper or paperboard or converted types of paper or paperboard intended for manufacture of cartons, boxes, containers ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... manufacturer made clearances of an aggregate value of sixty lakh rupees, comprising of fifty 1akh rupees at the concessional rate of sixty per cent of normal duty and ten lakh rupees at the concessional rate of eighty per cent of normal duty. He shall be entitled to additional clearances upto an aggregate value of forty lakh rupees, at the concessional rate of sixty per cent of normal duty, during the remaining part of the financial year 2000-2001. Illustration 2. A manufacturer made clearances of an aggregate value of clearances of thirty lakh rupees at nil rate during the financial year 2000-2001 under Ntf. No. 8/2000-CE dated the 1 st March 2000. Thereafter he opted for exemption under this notification. As on the 31st day of August, 2000, the manufacturer made clearances of an aggregate value of sixty lakh rupees, comprising of thirty lakh rupees at nil rate of duty, twenty lakh rupees at the concessional rate of sixty per cent of nbrmal duty and ten lakh rupees at the concessional rate of eighty per cent of normal duty. He shall be entitled under this notification to additional clearances upto an aggregate value of forty lakh rupees, at the concessional rate of sixty per c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e said Table and not separately for each factory. (v) 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. (vi) The aggregate value of clearances of all excisable goods for home consumption by a manufacturer from one or more factories, or from a factory by one or more manufacturers, does not exceed rupees three hundred lakhs in the preceding financial year: 3. For the purpose 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 excise duty leviable thereon (other than an exemption based on quantity or value of clearances) under any other notification or on which no excise duty 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 exemption under this notification in terms of paragraph 4; (c) clearances of the specified goods which are used as inputs for f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ything contained in paragraph 1, the aggregate value of clearances of woven pile fabrics or chenille yarn or both, that shall be allowed to be cleared at nil rate of duty shall be determined in accordance with clauses 2) to 5) below 2. a manufacturer whose aggregate value of clearances for home consumption, as on 28th February, 2001 does not exceed rupees ninety lakhs, is only entitled to make clearances for home consumption, of an aggregate value not exceeding ten lakhs, at the concessional rate of sixty percent of normal duty; 3. a manufacturer whose aggregate value of clearances for home consumption as on 28th February, 2001 exceeds rupees ninety lakhs, is only entitled to make clearances for home consumption, at the concessional rate of sixty percent of normal duty of an aggregate value, equal to the difference between hundred lakhs and the aggregate value of clearances for home consumption as on the 28th of February,2001; 4. a manufacturer whose aggregate value of clearances for home consumption as on 28th February, 2001 exceeds rupees one hundred lakhs,is not entitled to make any clearances for home consumption at the concessional rate of sixty percent of normal duty; 5. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nufacture of cartons, boxes, containers and case of corrugated paper or paperboard, or any one or more of such goods, against Sl. No. 1, in column(2), determined in accordance with the provisions of paragraph 3 above.] 5. This notification shall come into force on the 1st day of April,2000. 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 as symbol, 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 in 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 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 (i) in respect of specified goods which have been notified un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tonment board or notified area committee, or (ii) any area that may be notified as an urban area by the Central Government or a State Government. (refund of the difference between any duty paid on clearance made before the 1st day of September, 2000 and the concessional rate of sixty per cent of normal duty on the ground that such clearances are included in the aggregate value of clearances under S.No. 1 of the TABLE, shall not be admissible.) 6 [(I) refund of the difference between any duty paid on clearance made before the 1st day of September, 2000 and the concessional rate of sixty per cent of normal duty on the ground that such clearances are included in the aggregate value of clearances under S.No. 1 of the TABLE, shall not be admissible.] 9 [(J) "retail sale price" means the maximum price at which the excisable goods in packaged form may be sold to the ultimate consumer and includes all taxes, local or otherwise, freight , transport charges, commission payable to dealers and all charges towards advertisement, delivery, packing, forwarding and the like, as the case may be, and the price is the sole consideration for such sale.] ANNEXURE 1. All goods speci ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed) woven weft pile fabrics of cotton manufactured from grey unprocessed cotton yarn falling under sub-heading No.5801.21, fabrics of cotton or man-made fibres falling under sub-heading No.5802.51, and unprocessed cotton terry towelling fabrics falling under sub-heading No.5802.21;"unprocessed woven pile fabrics of cotton falling under subheading No. 5801.21 and unprocessed woven pile fabrics of manmade fibres falling under sub-heading No.5801.31] (xviii) all goods falling under Chapter 59 of the said Schedule except goods falling under Heading Nos. 59.01, 59.05, 59.06, 59.08, 59.09 59.10, 59.11 and textile fabrics coated or laminated with preparations of low-density polyethylene; (xix) all goods falling under Chapter 60 of the said Schedule except goods falling under sub-heading No.6002.10 and fabrics of cotton man-made fibres not subjected to any process falling under heading Nos. 60.01 or 60.02; 10 [(xix-a) all goods falling under Chapter 62] (xx) blankets of wool falling under Chapter 63 of the said Schedule; (xxi) aluminium circles, whether or not trimmed, falling under Chapter 76; (xxii) (A) All goods falling under - (a) heading No. 74.03, excluding the follow ..... 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