Friday, March 4, 2011

Central Excise - Notification No. 18/2011 dated 1st Mar,2011

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) (hereinafter referred to as the Act) , the Central Government, on being  satisfied that it is necessary in the public interest so to do, hereby exempts  perfumes commonly  known as “Attar” falling under Chapter 33 of the Central Excise Tariff Act, 1985  (5 of 1986), when  removed from a premises from where  such goods are sold in retail, after being subjected to any of the  processes  referred to in Note  5 of the  said Chapter from the whole of the duty of excise leviable  thereon subject to the following conditions, namely:-
  • (i) the manufacturer pays the duty leviable on such goods but for this exemption  at the time of  removal of the goods in bulk from his factory on the value at which such goods are sold in  retail to the consumer ; 
  • (ii) he maintains proper account of the quantity of goods removed in bulk from his factory which  are intended for sale in retail after subjecting them to any of the said processes; and  
  • (iii) follows such procedure as may be determined for the purposes of conditions (i) and (ii) by  the jurisdictional Commissioner of Central Excise.

Explanation.- For the purposes of this notification, the value  for purposes of payment of duty under  condition (i) shall be −
  • (a) the value declared in terms of section 4A of the  Act read with notifications issued thereunder  where the retail sale price is affixed on the product; or
  • (b) deemed to be the price at which such goods are  sold in retail at the time nearest to the time of  removal of the goods in bulk from the factory, in any other cases.

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