Seeks to exempt (i) green tea, and (ii) tea, manufactured by bought leaf factory and factory belonging to co-operative society from additional duty of excise on tea and tea-waste, levied under clause 149 of the Finance Bill, 2003

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..... red by sub-section (1) of section 5A of the Central Excise Act, 1944 (1 of 1944), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby exempts goods of the description specified in column (2) of the Table below falling under heading No.09.02 of the First Schedule to the Central Excise Tariff Act, 1985 (5 of 1986), from the whole of the additional duty of excise leviable thereon under clause 149 of the Finance Bill, 2003, which clause has, by virtue of the declaration made in the said Finance Bill under the Provisional Collection of Taxes Act,1931 (16 of 1931), the force of law. Table S.No. Description of Goods Condition (1) (2) (3) 1. Green tea - 2. Tea cleared by a factory belong .....

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..... nefit of exemption from additional duty of excise will commence from the date of filing the undertaking with the Assistant Commissioner of Central Excise or the Deputy Commissioner of Central Excise as specified in condition (b) below:- (b) the manufacturer shall file an undertaking that,- (i) the green leaf used by the factory, during the period from the date of the aforesaid undertaking till the end of the financial year, shall not be purchased from any grower who has a holding exceeding ten hectares under tea cultivation; (ii) the co-operative society owning the factory is registered with the Registrar of Co-operative Societies in the concerned State Government; and (iii) no member of the co-operative society owns a holding exceedin .....

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..... of his failure to satisfy the undertaking, the manufacturer shall be liable to pay additional duty of excise specified in the Fourth Schedule to the Finance Bill, 2003 for the period referred to in clause (i) of the condition (a). 5. Tea cleared by a bought leaf factory during any financial year subsequent to 2002- 2003. (a) The benefit of exemption from additional duty of excise will commence from the date of filing the undertaking with the Assistant Commissioner of Central Excise or the Deputy Commissioner of Central Excise as specified in condition (b) below:- (b) The manufacturer shall file an undertaking that,- (i) not less than two-thirds of the green leaf used by the factory, during the period from the date of the aforesaid un .....

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