TMI BlogAmends notification no. 57/2002 CE dated 14-11-2002 - Jammu & Kashmir Units - Exemption from Excise Duty of Specified GoodsX X X X Extracts X X X X X X X X Extracts X X X X ..... section 3 of the Additional Duties of Excise (Textile and Textile Articles) Act, 1978 (40 of 1978), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby makes the following further amendments in the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 57/2002-Central Excise, dated the 14 th November, 2002 which was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 765 (E), dated the 14 th November, 2002, namely:- In the said notification,- (i) in paragraph 2,- (a) after the words, brackets and figure "corresponding entry in column (2) of the said Table,", the words, brackets and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 15. 72 or 73 Iron and steel products 75 Iron ore 16. Any chapter Goods other than those mentioned above in S.Nos.1 to 15 36 Any goods (ii) In paragraph 2.1, - (a) for sub-paragraph (1),the following shall be substituted, namely:- " (1) Notwithstanding anything contained in paragraph 2, the manufacturer shall have the option not to avail the rates specified in the said Table and apply to the Commissioner of Central Excise or the Commissioner of Customs and Central Excise, as the case may be, having jurisdiction over the manufacturing unit of the manufacturer for fixation of a special rate representing the actual value addition in respect of any goods manufactured and cleare ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntral Excise, as the case may be, for the fixation of a special rate not later than the 30 th day of September of the financial year subsequent to the year in which it commences production. (1A) Nothing contained in sub-paragraph (1) shall apply to a unit manufacturing goods falling under Serial Nos. 12, 13, 14 or 15 of the Table." (b) in sub-paragraph (2), for the words "six months", the words "three months" shall be substituted; (c) for sub-paragraph (5), the following sub- paragraph shall be substituted, namely:- "(5) The manufacturer shall be entitled to refund at the special rate fixed under sub-paragraph (2) in respect of all clearances of excisable goods manufactured and cleared under this notification with effect from t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... year is less than the total duty paid by him on the said goods, other than the amount paid by utilization of CENVAT credit, for the year, the differential amount, if any, shall be refunded to him subject to the condition that the total refund made to him during the year, including the aforesaid differential amount, does not exceed the total duty payable on value addition whether at the rate specified in the Table or at the special rate fixed under paragraph 2.1. (2) The Assistant Commissioner of Central Excise or the Deputy Commissioner of Central Excise, as the case may be, shall refund the differential amount, if any, to the manufacturer not later than the 15 th day of May in the subsequent financial year. " [F. No. 334/1/2008- ..... X X X X Extracts X X X X X X X X Extracts X X X X
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