TMI BlogValue of ClearanceX X X X Extracts X X X X X X X X Extracts X X X X ..... nces Rate of duty (1) (2) (3) 1 First clearances upto an aggregate value not exceeding fifty lakh rupees made on or after the 2 nd day of June in the financial year 1998-99. Nil 2 Clearances upto an aggregate value not exceeding fifty lakh rupees immediately following the clearances specified against Sl. No. 1 above during the financial year 1998-99. Five percent ad valorem Note I: If any clearances for home consumption have been effected before the 2nd day of June,1998 under notification No. 16/97-CE dated 1 st April, 1997, whether at nil rate or otherwise, the aggregate value of such clearances shall be taken into account for computing the limit of rupees fifty lakhs for Sl. No. 1 above. [ILLUSTRATIONS REGARDING SL. NO.1 OF TABLE (In all these illustrations clearances refer to clearances for home consumption): Illustration I: As on 1st day of June 1998, a manufacturer was operating under notification no.16/97-CE dated 1 st April, 1997. He made clearances worth Rs.20 lakhs at nil rate of duty. Under this notification, he would be entitled to additional duty- free clearances upto a value of Rs.30 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e manufacturer is barred from availing of exemption under this notification but he need not exercise a fresh option to pay normal duty with reference to this notification. (ii) A manufacturer who was availing of exemption under notification No.16/97-CE dated 1 st April, 1997 prior to 2 nd June, 1998 is allowed to continue to avail of exemption under this notification and no fresh option or its intimation is required till such time as he exercises the option, if any, in favour of notification No.9/98-CE dated the 2 nd June, 1998. (iii)(a) The manufacturer shall not avail of the credit of duty under rule 57A or Rule 57 B of the Central Excise Rules, 1944, paid on inputs used in the manufacture of the specified goods cleared for home consumption, the aggregate value of first clearances of which , as calculated in the manner specified in paragraph 1 above does not exceed rupees one hundred lakhs in the financial year 1998-99. (b) The manufacturer also does not utilise the credit of duty under rule 57Q of the said rules, paid on capital goods, for payment of duty, if any, on the aforesaid clearances, the aggregate value of first clearances of which does not exceed rupees one hundred ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n, except in the following cases :- (a) where the specified goods, being in the nature of components or parts of any machinery or equipment or appliances, are cleared for use as original equipment in the manufacture of the said machinery or equipment or appliances by following the procedure laid down in Chapter X of the Central Excise Rules, 1944. Manufacturers, whose aggregate value of clearances of the specified goods for use as original equipment does not exceed rupees fifty lakhs in the financial year 1998-1999 as calculated in the manner specified in paragraph 1 above, may submit a declaration regarding such use instead of following the procedure laid down in Chapter X of the said rules; (b) where the goods bear a brand name or trade name of the Khadi and Village Industries Commission or of the State Khadi and Village Industry Board or the National Small Industries Corporation or the State Small Industries Development Corporation or the State Small Industries Corporation. Explanation.- For the purposes of this notification,- (A) "brand name" or "trade name" shall mean a brand name or trade name, whether registered or not, that is to say a name or a mark, such as symbo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ans the duty of excise which is specified in the Schedule to the Central Excise Tariff Act, 1985 (5 of 1986) read with any relevant notification (other than this notification or a notification in which exemption is based on the value or quantity of clearances) issued under sub-section (1) of section 5A of the Central Excise Act, 1944 (1 of 1944) . 2 6. This notification shall have effect upto and inclusive of the 31st day of March, 1999. ANNEXURE 1. All goods specified in the Schedule to the Central Excise Tariff Act, 1985 (5 of 1986), other than the following, namely,- (i) all goods falling under heading No.21.06 and sub-heading Nos. 2101.10 and 2101.20; 2 (i-a) all goods falling under heading No 09.02; (ii) all goods falling under Chapter 24 of the said Schedule (other than unbranded chewing tobacco and preparations containing chewing tobacco, falling under heading No. 24.04 of the said Schedule); (iii) all goods falling under heading No. 25.04,; (iv) sandalwood oil, all goods falling under heading Nos. 33.04 and 33.05, and sub-heading Nos 3307.10, 3307.20, 3307.31, 3307.39, 3307.50, and 3307.90,; (v) all goods falling under heading No. 36.05,; (vi) all g ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nder 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; (xix) all goods falling under Chapter 61 of the said Schedule; (xx) all goods falling under Chapter 62 of the said Schedule; (xxi) Blankets of wool falling under Chapter 63 of the said Schedule; (xxii) all goods falling under heading Nos 72.06, 72.07, 72.18, 72.24, cold rolled stainless steel pattis/pattas falling under chapter 72; ingots and billets of non alloy steel falling under sub-heading Nos 7206.90 and 7207.90 and hot re-rolled products of non-alloy steel, falling under sub-heading Nos. 7211.11, 7211.19, 7211.30, 7211.52, 7211.59, 7211.60, 7211.92, 7211.99, 7213.90, 7214.90, 7215.90, 7216.10 and 7216.90, on which the duty of excise is paid under section 3A of the Central Excise Act, 1944(1 of 1944); (xxiii) all goods falling under heading 1 Nos. 74.03 (excluding cast brass bars/rods of a length not exceeding 3 feet, and brass billets weighing upto 5 Kilograms, falling under sub-heading No.7403.21) , 7407.11, 7407.12, 7408.11, 7408.21, 74.09, copper circles, whether or not t ..... 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