OFFICE OF THE COMMISSIONER OF CUSTOMS, CUSTOM HOUSE, CHENNAI.

PUBLIC NOTICE NO.  268  /2001

 

            Government of India, Ministry of Finance, Department of Revenue, New Delhi, Notification No.24/2001-C EX vide F.No.434/4/2001-CUS.IV dated 31.05.2001, is reproduced below for the guidance of the importers, clearing agents and trading public.

 

         Sd/-

C16/51/2001-AP (PORT)                                                (S. SANKARAVADIVELU)

CUSTOM HOUSE, CHENNAI-1.                Dy. COMMISSIONER OF CUSTOMS (APPG)

Notification No 24 / 2001-Central Excise

G.S.R. (E).-     In exercise of the powers conferred 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 clearances, specified in column (2) of the Table below (hereinafter referred to as the said Table) for home consumption, of ball or roller bearings falling under Chapter 84 of the First Schedule to the Central Excise Tariff Act, 1985 (5 of 1986) (hereinafter referred to as the specified goods), from so much of the duty of excise specified thereon in the First Schedule to the said Central Excise Tariff Act, as is in excess of the amount calculated at the rate specified in the corresponding entry in column (3) of the said Table:-

Table

2.    The exemption contained in this notification shall apply subject to the following conditions, namely :-

(i)            Where a manufacturer clears the specified goods from one or more factories, the exemption in his case shall apply to the aggregate value of clearances mentioned against each of the serial numbers in the said Table and not separately for each factory.

(ii)          Where the specified goods are cleared by one or more manufacturers from a factory, the exemption shall apply to the aggregate value of clearances mentioned against each of the serial numbers in the said Table and not separately for each manufacturer.

(iiI)    The aggregate value of clearances for home consumption of the specified goods, by a manufacturer from one or more factories, or from a factory by one or more manufacturers, does not exceed twenty five lakh rupees in the preceding financial year.

        Provided that in a case where there are no clearances for home consumption of the specified goods in the preceding financial year , the exemption shall apply only if the manufacturer -

        (i) submits a declaration in writing to the jurisdictional Deputy Commissioner or Assistant Commissioner of Central Excise, with a copy to the Superintendent of Central Excise, before effecting his first clearance, that the aggregate value of clearances for home consumption of the specified goods in the financial year shall not exceed twenty five lakh rupees,

        (ii) gives an undertaking in writing that if the aggregate value of clearances for home consumption of the specified goods in the financial year exceeds twenty five lakh rupees, he shall pay the normal rate of duty on the clearances in that financial year, including the first clearances of twenty five lakhs.

3.    For the purposes of determining the aggregate value of clearances for home consumption, the following clearances shall not be taken into account, namely:-

(a) clearances, which are exempt from the whole of the duty of excise leviable thereon (other than an exemption based on quantity or value of clearances) under any other notification or on which no duty of excise is payable for any other reason ;

(b) clearances bearing the brand name or trade name of another person, which are ineligible for the grant of this exemption in terms of paragraph 4 ;

(c) clearances of the specified goods which are used as inputs for further manufacture of the specified goods within the factory of production of the specified goods.

4.    The exemption contained in this notification shall not apply to specified goods bearing a brand name or trade name, whether registered or not, of another person .

5.    This notification shall come into force on the 1^st day of May,2001.

Explanation.- For the purposes of this notification,-

(A)    "brand name" or "trade name" means a brand name or a trade name, whether registered or not, that is to say, a name or a mark, such as symbol, monogram, label, signature or invented word or writing which is used in relation to such specified goods for the purpose of indicating, or so as to indicate a connection in the course of trade between such specified goods and some person using such name or mark with or without any indication of the identity of that person;

(B)    where the specified goods manufactured by a manufacturer bear a brand name or trade name, whether registered or not, of another manufacturer or trader, such specified goods shall not, merely by reason of that fact, be deemed to have been manufactured by such other manufacturer or trader;

(C)    "value" means the value as determined in accordance with the provisions of section 4 of the said Central Excise Act or the tariff value fixed under section 3 of that Act;

(D)   "normal rate of duty" means the duty of excise specified in the First Schedule to the said Central Excise Tariff Act read with any relevant notification (other than this notification or a notification in which exemption is based on the value or quantity of clearance) issued under sub-section (1) of section 5A of the said Central Excise Act;

(E)   "clearances for home consumption", shall include clearances for export to Bhutan and Nepal.

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