TMI Blog2006 (10) TMI 8X X X X Extracts X X X X X X X X Extracts X X X X ..... 44 (for short "the Act"). The applicant is carrying on the business of designing and manufacturing plastic packaging of retail products using polyester, polypropylene, polyvinylchloride films and other polymers, like Diwali gift boxes and clear tubes for single flowers as presents. It proposes to setup a joint venture with a non-resident company, M/s. Bell Packaging Ltd., Luton, United Kingdom, to design and manufacture plastic packaging of retail products with polyester, polypropylene, etc. In the joint venture the foreign equity would be 97% and remaining equity of 3% will beheld by the applicant. On these facts, the applicant set forth the following two questions to seek advance ruling of the Authority:- 1. Is the applicant entitled fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2 is concerned it is stated, in his further comments, that as per para 2 (iv) of Notification No. 8/2003 dated 1.3.2003, as amended, the exemption therein would apply subject to the condition that the manufacturer does not utilize the credit of duty on capital goods under Rule 3 or Rule 11 of the CENVAT Credit Rules, 2004 paid on capital goods, for payment of duty, if any, on their clearances, the aggregate value of the first clearance of which does not exceed rupees one hundred lakhs as calculated in the manner specified in the Table to the notification. 3. Mr. P.R. Munshi, authorized representative of the applicant, states that in so far as the questions posed for the ruling of the Authority are concerned the Commissioner has conceded t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ule to the Central Excise Tariff Act, 1985 (5 of 1986) (hereinafter referred to as the First Schedule); (ii) the special duty of excise specified thereon in the Second Schedule to the said Central Excise Tariff Act, 1985 (hereinafter referred to as the Second Schedule), as is in excess of the amount calculated at the rate specified in the corresponding entry in column (3) of the said Table Provided that nothing contained in this notification shall apply to a manufacturer who has availed the exemption under Notification No. 39/2001-Central Excise, dated the 31st July, 2001, published in the Gazette of India vide number G.S.R. 565 (E), dated the 31st July, 2001, in the same financial year. Provided further that exemption contained in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iable under the Excise Act; (iii) the additional duty of excise leviable under Section 3 of the Additional Duties of Excise (Textile and Textile Articles) Act, 1978 (40 of 1978); (iv) the additional duty of excise leviable under Section 3 of the Additional Duties of Excise (Goods of Special Importance) Act, 1957 (58 of 1957); (v) the National Calamity Contingent duty leviable under Section 136 of the Finance Act, 2001 (14 of 2001); (vi) the Education Cess on excisable goods leviable under Section 91 read with Section 93 of the Finance (No. Act, 2004 (23 of 2004); (vii) the additional duty leviable under Section 3 of the Customs Tariff Act, equivalent to the duty of excise specified under clauses (i), (ii), (iii), (iv), (v) and (vi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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