Ssi exemption

This query is : Resolved

Jay Kurani (Querist)
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02 April 2014 It is a condition to avail SSI exemption that turnover of previous year should not exceeds 400 lacs, then can newly eshtablish unit avail benefit of SSI scheme?

C A S.S.Agarwal, M.Com.,LL.B,

C A S.S.Agarwal, M.Com.,LL.B, (Expert)
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02 April 2014 Under which act you want to take the benefit of the exemption. For your information I am giving the details of Central Excise exemptions.

You can also avail benefit u/s 80HH and 80I of the Income Tax Act or if the unit is established in specified area then u/s 80IA it is 100% exempted from taxation point of view.

Anyhow, I am giving the details with notification for Central Excise which are as under

THE CENTRAL EXCISE TARIFF 2012-13

GENERAL EXEMPTIONS - CENTRAL EXCISE TARIFF

I. VALUE BASED EXEMPTION NOTIFICATIONS FOR SMALL SCALE
GE No-1.
Exemption to first clearances of specified goods upto a value of Rs. 1 Crore, if CENVAT facility not availed and exemption to goods captively consumed- Notfn. No. 8/03-CE dated 1.3.2003.
Ref: For exemption to goods specified under Notification Nos. 8/03-CE dated 1.3.2003 when manufactured on job work basis - please see G.E. No.23.
Ref: For exemption to goods specified under Notification Nos. 8/03-CE dated 1.3.2003 when cleared by a manufacturer outside the factory for getting job work done - please see G.E. No. 24.

II. CENTRAL EXCISE EXEMPTION NOTIFICATIONS UNDER VARIOUS EXPORT PROMOTION SCHEMES

A.
SPECIAL ECONOMIC ZONES:
B.
EOUS, UNITS IN EPZS, STPS OR EHTPS:
GE No-2.
Exemption to specified excisable goods supplied for specific purposes by EOUs, a Software Technology Park or Electronic Hardware Technology Park Units:- Notfn. No. 22/03-CE dated 31.3.2003.
GE No.3 to 5
GE 3. Concessional rates of excise duties to certain specified excisable goods produced or manufactured in an EOU, STP Unit or EHTP Unit and cleared for DTA - Notfn. No. 23/03-CE dated 31.3.2003.
GE 4. Exemption to goods produced or manufactured in EOU -Notfn. No. 24/03-CE dated 31.3.03.
GE 5. Exemption to excisable goods for use in manufacture of jewellery in a 100% EOU located in Special Export Oriented Complex at Jhandewalan, New Delhi - Notfn. No. 147/89-CE dated 19.5.1989.
C.
EXEMPTION TO EXPORT GOODS FOR REPAIRS ETC.:
GE No-6.
Exemption to specified excisable goods when received for carrying out repairs, reconditioning or reengineering of articles and exported :- Notfn. No. 138/94-CE dated 10.11.1994.
D.
EXEMPTION TO EXCISABLE GOODS SENT FOR TRADE FAIR, EXHIBITION ETC.:
GE No-7.
Exemption to all excisable goods sent as exhibits in any international trade fair or exhibition or sent abroad for demonstration or carrying out tests or trials- Notfn. No. 263/79-CE dated 22.09.1979.

III. EXEMPTION NOTIFICATIONS RELATING TO GOODS MANUFACTURED IN SPECIFIED AREAS

A. North-Eastern States:
GE No-8.
Exemption to specified goods manufactured by Units located in specified areas of North Eastern States equal to duty of excise and additional duty of excise paid in cash - Notfn. No. 32/99 dated 8.7.1999.
GE No.9 to 13
GE-9. Exemption to specified goods manufactured and cleared by Units located in North Eastern States equal to duty of excise and additional duty of excise paid in cash - Notfn. No. 33/99-CE dated 8.7.1999.
Ref : For effective rates of National Calamity Contingent duty on Pan masala produced in North Eastern States - please see Notfn. No. 27/01-CE dt. 11.5.2001 below Chapter 21.

GE-10. Exemption to goods falling under sub headings 2401.90, 2402.00, 2404.41, 2404.49, 2404.50 and 2404.99 from all the duties of excise cleared by the Units in North Eastern States, if the duty saved is utilised for investments in North Eastern States - Notfn. No. 8/04-Ce dated 21.1.2004.

GE-11. Effective rates of all types of excise duties on goods cleared from four specified Refineries of Assam - otification No. 29/02-CE dated 13.5.2002.

GE-12. Exemption to goods falling within the First Schedule, manufactured and cleared from M/s Brahmputra Cracker and Polymer Ltd. - Notfn. No. 14/07- CE, dated 1.3.2007.------Omitted

GE-13. Exemption to specified goods cleared from a unit located in the States of Assam or Tripura or Meghalaya or Mizoram or Manipur or Nagaland or Arunachal Pradesh or Sikkim - Notfn. No.20/07-CE, dated 25.4.2007.

B. Jammu & Kashmir:
GE No.14 to 15
GE-14. Exemption to all goods (except cigarettes, cigars, manufactured tobacco and substitutes thereof, soft drinks and their concentrate) cleared from a unit located in the State of Jammu & Kashmir equal to duty of excise and additional duty of excise paid in cash - Notfn. No. 57/02 dated 14.11.2002.

GE-15. Exemption to specified goods manufactured by Units located in specified areas of Jammu & Kashmir equal to duty of excise and additional duty of excise paid in cash - Notfn. No. 56/02-CE dated 14.11.2002.

C. State of Sikkim:
GE No.16 to 17
GE-16. Exemption to all goods (except as in Annexure I) manufactured and cleared from units located in specified areas in the State of Sikkim equal to duty of excise and additional duty of excise paid in cash - Notfn. No. 71/03-CE dated 9.9.2003.
GE-17. Exemption to all goods (except as per Annexure) cleared from units located in State of Sikkim equal to duty of excise and additional duty of excise paid in cash - Notfn. No. 56/03-CE dated 25.6.2003.

D. State of Uttranchal & Himachal Pradesh:
GE No-18.
Exemption to all goods (except as per Annexure I) manufactured by units located in specified areas in State of Uttranchal & Himachal Pradesh-Notfn. No. 50/03-CE dated 10.6.2003.
GE No-19.
Exemption to certain specified goods cleared from units located in the State of Uttranchal or State of Himachal Pradesh from the whole of the duty of Excise and Additional duty of Excise - Notfn. No. 49/03-CE dated 10.6.2003.

E. Kutch (Gujrat):
GE No-20.
Exemption to all the goods (except as per Annexure I) manufactured by units located in Kutch district of Gujrat equal to duty of excise and additional duty of excise paid in cash - Notfn. 39/01-CE dated 31.7.2001.

IV. JOB WORK NOTIFICATIONS:
GE No.21 to 24
GE-21. Exemption to all the goods (except LDO, HSD and Petrol) used in the manufactured of final products (other than matches) on job work basis - Notfn. No. 214/86-CE dated 25.3.1986.
GE-22. Exemption to goods specified under Notification Nos. 8/03-CE and 9/03-CE both dated 1.3.2003 and specified exempted goods of Chapter 84 when manufactured on job work basis - Notfn. No. 83/94-CE dated 11.4.1994.
GE-23. Exemption to goods specified under Notification Nos.8/03-CE and 9/03-CE both dated 1.3.2003 and specified exempted goods of Chapter 84 when cleared by a manufacturer outside the factory for getting the job work done.- Notfn. No. 84/94-CE dated 11.4.1994.

V. EXEMPTION TO GOODS CAPTIVELY CONSUMED
GE No.25 to 29
GE-25. Exemption to goods manufactured in a factory and captively consumed for the manufacture of final products, subject to conditions of specified notifications - Notfn. No. 83/92-CE dated 16.9.1992.
GE-26. Exemption to capital goods and all goods (other than LDO, HSD and petrol) captively consumed for manufacture of final products (other than matches) - Notfn. No. 67/95-CE dated 16.3.1995.
GE-27. Exemption to all the excisable goods captively consumed for the manufacture of specified goods - Notfn. No. 10/96-CE dated23.7.1996.
GE-28. Exemption to goods manufactured in a workshop and used within the factory for repairs and maintenance of machinery installed therein - Notfn. No. 65/95-CE dated 16.3.1995.
Ref: For exemption to goods of sub-heading No. 2106.00 and Chapter 24 and captively consumed for the manufacture of final goods of Chapter 24 please see Notfn. No. 52/02-CE., dt. 17.10.2002 under Chapter 24.
GE-29. Exemption from additional duty of excise leviable under Section 85 of the Finance Act, 2005 in respect of goods, captively consumed - Notifn. No.23/05 CE.,dt.13.5.2005.

VI. EXEMPTION TO GOODS MANUFACTURED IN GOVT. FACTORIES AND SUPPLIED TO DEFENCE
GE No-30 to 34
GE-30. Exemption to goods supplied for Defence and other specified purposes - Notfn. No. 64/95-CE dated 16.3.1995.
GE-31. Exemption to goods manufactured in prison, specified units of Defence Ministry, shipyard, specified tool rooms/ institutions and Bharat Dynamics Ltd. and supplied for specified purposes-Notfn. No. 63/95-CE dated 16.3.1995.
GE-32. Exemption to goods manufactured in Ordnance Factories, Mints and factories belonging to Central Govt. and intended to be used by Armed Forces of the Union or by such ordinance factories.- Notfn. No. 62/95-CE dated 16.3.1995.
GE-33. Exemption to all the goods and materials manufactured by M/s. Nuclear Fuel Complex, Hyderabad - Notification No. 130/94-CE dated 21.9.1994.
GE-34. Exemption to specified goods manufactured in factories belonging to State Govt. and intended for use in any of its department - Notfn. No. 74/93-CE dated 28.2.1993.

VII. EXEMPTION TO TECHNICAL, EDUCATIONAL AND RESEARCH INSTITUTES
GE No.35 to 37
GE-35. Exemption to goods produced in a Technical, Educational or Research Institute during the course of training, experiment or research - Notfn. No. 167/71-CE dated 11.9.1971.
GE-36. Exemption to specified goods supplied to a Public Funded Research Institution, University, IIT, IISC, REC or a non-commercial Institution other than a hospital - Notfn. No. 10/97-CE dated 1.3.1997.
GE-37. Exemption for 3 years to patented goods manufactured by an Indian owned company, National Lab, Public Funded Research Institution or University- Notfn. No. 13/99-CE dated 28.2.1999.
Ref : For exemption to computer and computer peripherals supplied by EOUs or Units in STPs, EHTPs to recognized non-commercial educational institutions, registered charitable hospitals, public libraries, public funded R & D establishments and organisations of State Govt. or UTs - please see para 8 of General Exemption No. 7

VIII. EXEMPTION TO GOODS PRODUCED WITHOUT USE OF POWER AND FOR UNITS IN RURAL AREAS
GE No.38 to 39
GE-38. Exemption of specified goods produced in a Village Industry and marketed by KVIC - Notfn. No. 198/87-CE dated 28.8.1987.
GE-39. Exemption to specified goods manufactured in a rural area by specified manufacturers - Notfn. No. 88/88-CE dated 1.3.1988.

IX. EXEMPTION TO CERTAIN GOODS AND INDUSTRIES
GE No.40 to 47
GE-40. Exemption to handicrafts, scented chunnam, katha, vibhuti, contraceptives, enamelware, laminated jute bags, pyrites, fly ash, coke oven and blast furnace gas, sludge, leather board, animal drawn vehicles, erasers and spent fuller’s earth - Notfn. No. 17/11-CE., dt. 1.3.2011.
GE-41. Exemption to all items of machinery and their components/parts and pipes required for setting up of water supply plants - Notfn. No. 3/04-CE dated8.1.2004.
GE-42. Exemption to all items of machinery and their components/parts required for setting up of a project for the generation of power using non- conventional materials - Notifn. No.33/05-CE., dt. 8.09.2005.
GE-43. Exemption to improved chulhas (including smokeless chulhas) made of metal or pottery - Notfn. No. 62/91-CE dated 25.7.1991.
GE-44. Exemption to strips of plastics, films of plastics, parts and components of one day alarm time pieces,
flavouring essences, plaster of paris moulds and refractory container used as inputs in the manufacture of
specified final products.- Notfn. No. 221/86-CE dated 2.4.1986.
GE-45. Exemption to all the goods supplied to UN or an International Organisation for their official use or for supply to G.O.I. approved projects financed by them - Notfn. No. 108/95-CE dated 28.8.1995.
GE-46. Exemption to capital goods, components and raw materials cleared for repair of goods falling under heading Nos. 89.01, 89.02, 89.04, 89.05(excluding floating or submersible drilling or production platforms) and 89.06 - Notfn. No. 82/84-CE dated 31.3.1984.
GE-47. Exemption to waste and parings arising during manufacture of exempted goods - Notfn. No. 89/95-CE dated 18.5.1995.
X. NOTIFICATIONS PRESCRIBING EFFECTIVE RATES OF DUTY ON THE GOODS OF VARIOUS CHAPTERS

GE No. 48 to 52
GE-48. Exemption to all the goods falling within Schedule to the Additional Duties of Excise (Textile and Textile Articles) Act - Notfn. No. 31/04-CE dt. 9.7.2004.
GE-49. Effective rates of additional duty (in lieu of Sales Tax) on specified goods of Chapter 24 and specified textiles - Notfn. No. 9/96-CE dated 23.7.1996.
GE-50. Effective rates of duties on specified goods of various Chapters - Notfn. No. 12/12-CE., dt.17.3.2012
GE-51. Effective rates of duty on textile articles falling under Chapters 50 to 63 - Notfn. No. 30/04-CE dated
9.7.2004.
GE-52. Effective rates of duty on textile articles falling under Chapter 50 to 63 - Notfn. No. 7/12-CE, dt. 17.3.2012.
GE No. 53 to 61
GE-53. Exemption and effective rate of duty on specified goods - Notfn. No.3/05- CE dated 24.2.2005.
GE-54. Exemption and effective rate of duty on specified goods - Notfn. No.20/05- CE, dt.13.5.2005.
GE-55. Exemption to specified goods falling under various chapters - Notfn. No. 21/05-CE, dt.13.5.2005.
GE-56. Exemption to specified goods falling under various chapters - Notfn. No. 3/06-CE, dt.1.3.2006.
GE-57. Exemption to specified goods falling under various chapters - Notfn. No. 4/06-CE, dt.1.3.2006.

GE-58. Exemption to specified goods falling under various chapters - Notfn. No. 5/06-CE, dt.1.3.2006.

GE-59. Exemption to specified goods falling under various chapters - Notfn. No. 6/06-CE, dt.1.3.2006.
GE-60. Exemption to specified goods falling under various chapters - Notfn. No. 2/08-CE, dt.1.3.2008.-----Omitted

GE-61. Exemption to goods falling under various chapters - Notfn. No.59/08-CE, dt.7.12.2008.----Omitted
GE No.61A to 66.
GE-61A. Exemption to goods falling under various chapters - Notfn. No. 1/10-CE, dt. 6.2.2010.
GE-61B. Exemption to goods falling under various chapters - Notifn. No.1/11-CE,. dt. 1.3.2011.
GE-61C. Exemption to goods falling under various chapters - Notifn. No.2/11-CE,. dt. 1.3.2011.
GE-61D. Exemption to goods falling under various chapters - Notifn. no. 18/12-CE., dt. 17.3.2012.

XI EXEMPTION TO CERTAIN GOODS FOR REHABILITATION WORK

GE-62. Exemption to certain goods for rehabilitation work in tsunami affected districts - Notfn. No. 32/05-CE, dt.17.8.2005.

XII EXEMPTION TO CERTAIN GOODS WHEN CLEARED AGAINST A SERVED FROM INDIA SCHEME CERTIFICATE.

GE-63. Exemption to certain goods when cleared against a served from India Scheme Certificate issued under paragraph 3.6.4 of the Foreign Trade Policy: - Notfn. No.34/06-CE, dt.14.6.2006.
GE-64. Exemption on all items of machinery, including prime movers, instruments, apparatus and appliances, control gear and transmission equipment and auxiliary equipment and components, required for initial setting up of a solar power generation project or facility.- Notfn. No. 15/10 - CE, dt. 27.2.2010

XIII EXEMPTION - MISCELLANEOUS

GE-65. Exemption to all goods supplied to the United Nations or an international organisation for their official use - Notifn. No.33/10-CE, dt. 19.10.2010.
GE-66 Exemption to waste, parings and scrap arising in the course of manufacture of goods in respect of notifn. no.1/11 or 20/11- Notifn. No.27/11-C.E., dt. 31.3.2011