NOTIFICATION NO 40/2008 DT 29 SEPT08

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. 40/2008-Central Excise (N.T.)

New Delhi, the 29^th September, 2008

     G.S.R.      (E).-  In exercise of the powers conferred by sub-rule (2) of rule 9 read with rule 33 of the Central Excise Rules, 2002, the Central Board of Excise and Customs, hereby makes the following further amendment in the notification of the Government of India in the Ministry of Finance (Department of Revenue) No. 36/2001- Central Excise (N.T.), dated the 26th June, 2001, which was published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section(i) vide number G.S.R. 465(E), dated the 26th June, 2001 namely:-

2.         In the said notification,-

(i)         in para (1), after sub-para (i), for the proviso, the following provisos shall be substituted, namely,-

“Provided that a manufacturer availing exemption under clause (b), shall file a revised declaration for the previous year 2007-08 by 31^st October, 2008:

Provided further that an independent weaver who intends to opt for the procedure specified in rule 8A of the CENVAT Credit Rules, 2002, shall file an application in the form specified in Annexure-IA to the notification No. 35/2001-Central Excise(N.T.), dated 26th June, 2001 (G.S.R. 464 (E), dated the 26th June, 2001) and shall obtain a twelve digit declarant code from the Superintendent of Central Excise having jurisdiction in this behalf, before issuance of any challan referred to in the said rule 8A; such option once exercised during a financial year cannot be withdrawn during the same financial year.”

(ii)        for the Schedule, the following Schedule  shall be substituted, namely,-

THE SCHEDULE

1.           Name and full address of the factory:

2.           Name and addresses of other factories/manufacturers (producing such goods) in whom the manufacturer claiming the exemption has proprietary interest:

3.           Status of business (tick only one box):

4.           Permanent Account Number (PAN) allotted by the Income tax Deptt:

5.           VAT registration number allotted by the State VAT Deptt.:

6.         Details of electricity connection:

  (a)        Name of  electricity supplying company

  (b)        Total number of electricity meters installed in the factory

  (c)  (i)   Electricity consumer number:

      (ii)    Electricity meter number(s):

(d)   Sanctioned electricity load:

(i)   Unit of measurement (HP/KWh/others-specify)

(ii)  Quantity

7.         Details of the excisable goods manufactured by the factory during the preceding financial year ___________

(Signature of the Declarant)

F.No.224/52/2004-CX 6

(Rahul Nangare)
Under Secretary to the Government of India

Note: The principal notification was published in the Gazette of India Extraordinary, Part II, Section 3, Sub-section (i) vide notification No. 36/2001-Central Excise (N.T.), dated the 26th June, 2001, vide number G.S.R. 465(E), dated the 26th June, 2001 and was last amended by notification No. 14/2005-Central Excise (N.T.), dated the 1^st  March, 2005 published in the Gazette of India Extraordinary, Part II, Section 3, Sub-section (i)   vide number G.S.R. 137(E), dated the 1^st March, 2005.