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NOTES ON CLAUSES - EXCISE

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..... to identify tax evaders or recover confirmed dues. It is also proposed to insert a new section 15B which provides for imposition of penalty if the information return is not submitted. [Clause 90] 4) Section 31(g) and section 32(1) is being amended to change the name of the Customs and Central Excise Settlement Commission to the Customs, Central Excise and Service Tax Settlement Commission as the scope of the functioning of the Customs and Central Excise Settlement Commission was expanded in the year 2012 so as to include settlement of Service Tax matters as well. [Clause 91, 92] 5) Section 32E(1) is being amended to replace the reference to section 11AB with a reference to section 11AA since section 11AB has been omitted by the Finance Act, 2011. [Clause 93] 6) Section 32E(1) is also being amended to allow filing of applications of settlement before the Settlement Commission in cases where the applicant has not filed the returns after recording reasons for the same. [Clause 93] 7) Section 32E is being amended to omit sub-section (2) since the same is redundant. [Clause 93] 8) Section 32O(1) is being amended so as .....

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..... [Clause 104] The change at para 16) will come into effect immediately owing to a declaration under the Provisional Collection of Taxes Act, 1931. AMENDMENTS IN THE FIRST SCHEDULE TO THE CENTRAL EXCISE TARIFF ACT, 1985: 1) Excise duty on cigarettes is being increased by 72% for cigarettes of length not exceeding 65 mm and by 11% to 21% for cigarettes of other lengths. Similar increases are proposed on cigars, cheroots and cigarillos. 2) Basic excise duty is being increased from 12% to 16% on pan masala, from 50% to 55% on unmanufactured tobacco and from 60% to 70% on jarda scented tobacco, gutkha and chewing tobacco. 3) Tariff item 2402 20 60 is being omitted. 4) The entry 2403 19 occurring against the description Other than paper rolled biris, manufactured without the aid of machine is being substituted with 2403 19 21. 5) The unit quantity code against certain entries is being changed. [Clause 105] The changes at 1) to 4) will come into effect immediately owing to a declaration under the Provisional Collection of Taxes Act, 1931. RETROSPECTIVE AMENDMENT TO RULES: 1) Rule 8 of the Pan Masala Packing Machin .....

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..... preparation of meat, poultry, fruits, nuts or vegetables, and on presses, crushers and similar machinery used in the manufacture of wine, cider, fruit juices or similar beverages and on packaging machinery is being reduced from 10% to 6%. II. AUTOMOBILES: 1) Excise duty is being exempted on parts of tractors removed from one or more factories of a tractor manufacturer to another factory of the same manufacturer for manufacture of tractors. III. METALS: 1) Excise duty on winding wires of copper is being increased from 10% to 12%. IV. PRECIOUS METALS 1) Un-branded articles of precious metals are being exempted from excise duty for the period 01.03.2011 to 16.03.2012. V. TEXTILES: 1) Excise duty on Polyester Staple Fiber (PSF) and Polyester Filament Yarn (PFY) manufactured from plastic waste or scrap or plastic waste including waste polyethylene terephthalate (PET) bottles (which is already exempt w.e.f. 08.05.2012) is being exempted retrospectively w.e.f. 29.06.2010 to 07.05.2012 and intermediate product Tow arising during the course of manufacture of such PSF/PFY is being exempted retrospectively w.e.f. 29.06.2010 to 10.07.2014. .....

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..... duty is being provided to backsheet and EVA sheet used in the manufacture of photovoltaic cells/modules and specified raw materials used in their manufacture. 5) Full exemption from excise duty is being provided to parts consumed within the factory of production for the manufacture of non-conventional energy devices [Sl.No.332 of notification No.12/2012-CE, dated 17.03.2012]. 6) Full exemption from Excise Duty is being provided on flat copper wire used in the manufacture of PV ribbons (tinned copper interconnect) for use in the manufacture of solar cells/modules. 7) Full exemption from excise duty is being provided on machinery, equipments, etc. required for setting up of compressed biogas plant (Bio-CNG). IX. CONSUMER GOODS 1) The scope of the phrase not mixed with any other ingredient in the context of excise duty exemption on heena powder or paste, not mixed with any other ingredient is being clarified so as to provide that the exemption is available to heena powder mixed with a liquid, so far that the liquid is a medium to change the form of heena powder into paste but excludes products like heena dye and such other products which are cosme .....

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..... goods manufactured and consumed captively for further manufacture of matches is being fully exempted. 3) The scope of the Excise Duty exemption to all goods supplied against International Competitive Bidding is being clarified to the effect that the said exemption is also available to sub-contractors for manufacture and supply of goods to the main contractor (who has won the bid for the project through ICB) for execution of the said project. 4) Full exemption from Excise duty is being provided on plastic materials reprocessed out of the scrap or waste and cleared into the DTA by an EOU. 5) Education cess and secondary higher education cess (customs component) is being exempted on goods cleared by an EOU into the DTA. 6) A clarification is being issued that the exemption from education cess and secondary higher education cess under notifications No.28/2010-CE and No.29/2010-CE, both dated 22.06.2010 is applicable only in respect of the clean energy cess leviable on coal and not in respect of excise duty leviable on coal. 7) It is being clarified that all goods falling under headings 8601 to 8606 (except 8604) attract 6% excise duty with CENVA .....

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