[TO
BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3,
SUB-SECTION (i)]
GOVERNMENT
OF INDIA
MINISTRY
OF FINANCE
(DEPARTMENT
OF REVENUE)
Notification
No. 8/2016 – Central Excise
New Delhi, the
1st of March, 2016
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, on being
satisfied that it is necessary in the public interest so to do, hereby makes
the following further amendments in the notification of the Government of India
in the Ministry of Finance (Department of Revenue) No. 8/2003-Central Excise
dated the 1st March, 2003, published in the Gazette of India, Extraordinary,
Part II, Section 3, Sub-section (i) vide number G.S.R. 138 (E) dated, the 1st
March, 2003, namely :-
In
the said notification,-
(a)
in the Table, after serial number 2, and
the entries relating thereto, the following serial number and entries shall be
inserted, namely:-
(1) |
(2) |
(3) |
“3 |
First
clearances of the articles of jewellery for home consumption, other than
articles of silver jewellery but inclusive of articles of silver jewellery studded
with diamond, ruby, emerald or sapphire, falling under chapter heading 7113
of the First Schedule upto an aggregate value not exceeding six crore rupees
made on or after the 1st day of April in any financial year, from the whole
of the duty of excise specified thereon in the First Schedule : Provided that during the period
starting from 1st March, 2016 and ending on 31st March, 2016, the exemption
shall apply to the first clearances of the articles of jewellery for home
consumption, other than articles of silver jewellery but inclusive of
articles of silver jewellery studded with diamond, ruby, emerald or sapphire,
falling under chapter heading 7113 of the First Schedule, up to an aggregate
value not exceeding fifty lakh rupees |
Nil.”; |
(b)
in paragraph 2,-
(i)
in sub-paragraph (iii), for the proviso,
the following shall be substituted, namely:-
“Provided that the manufacturer of the
articles of jewellery other than articles of silver jewellery but inclusive of
articles of silver jewellery studded with diamond, ruby, emerald or sapphire,
falling under chapter heading 7113 of the First Schedule shall not avail the
credit of duty on inputs under rule 3 or rule 11 of the said rules, paid on
inputs used in the manufacture of these goods cleared for home consumption, the
aggregate value of first clearances of which, as calculated in the manner
specified in the said Table does not exceed six crore rupees : Provided further
that nothing contained in this sub-paragraph shall apply to the inputs used in
the manufacture of specified goods bearing the brand name or trade name of
another person, which are ineligible for the grant of this exemption in terms
of paragraph 4;”;
(ii)
in sub-paragraph (iv), the following
proviso shall be inserted, namely:- “Provided that the manufacturer of the
articles of jewellery other than articles of silver jewellery but inclusive of
articles of silver jewellery studded with diamond, ruby, emerald or sapphire,
falling under chapter heading 7113 of the First Schedule also does not utilise
the credit on capital goods under rule 3 or rule 11 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 six crore rupees,
as calculated in the manner specified in the said Table;”;
(iii)
in sub-paragraph (vii), for the proviso, the following shall be substituted,
namely:- “Provided that aggregate value of clearances of all excisable goods
for home consumption by a manufacturer of the articles of jewellery other than
articles of silver jewellery but inclusive of articles of silver jewellery
studded with diamond, ruby, emerald or sapphire, falling under chapter heading
7113 of the First Schedule, from one or more factory or premises of production
or manufacture, or from a factory or premise of production or manufacture by
one or more manufacturers, does not exceed rupees twelve crore in the preceding
financial year;”;
(c)
in paragraph 3, for the words beginning with “For the purposes of determining”,
and ending with “taken into account, namely :-”, the following shall be
substituted, namely:- “For the purposes of determining the first clearances
upto an aggregate value not exceeding one hundred and fifty lakh rupees made
against serial number 1 or upto an aggregate value not exceeding six crore
rupees made against serial number 3, of the said Table, as the case may be, on
or after the 1st day of April in any financial year, the following clearances
shall not be taken into account, namely:-”;
(d)
after paragraph 4B, the following paragraph shall be inserted namely:- “4C.
Notwithstanding anything contained in the preceding paragraphs, the exemption
in respect of goods bearing a brand name or sold under a brand name and having
a retail price (RSP) of Rs. 1000 and above, falling under Chapters 61, 62, 63
(except laminated jute bags falling under 6305, 6309 00 00, 6310), shall be
restricted to rupees twelve lakh fifty thousand for the remaining part of the
financial year 2015-16.”;
(e)
in the Explanation, for clause (G), the following shall be substituted, namely
:-
“(G)
“clearances for home consumption”, wherever referred to in this notification,
shall include clearances for export to Bhutan;”.
[F.No.
334/8/2016-TRU]
(K. Kalimuthu)
Under Secretary
to the Government of India
Note:- The principal notification No.
8/2003-Central Excise, dated the 1st March, 2003, was published in the Gazette
of India, Extraordinary, vide number G.S.R. 138(E), dated the 1st March, 2012
and was last amended vide notification No. 15/2012-Central Excise, dated the
17th March, 2012, published vide number G.S.R. 166(E), dated the 17th March,
2012.
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