Notification No.34/2003, Dated 30 April 2003

30th April, 2003

Notification No. 34/ 2003 - Central Excise

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 first clearances for home consumption, upto an aggregate value not exceeding twenty five lakh rupees made on or after the 1^st day of April in any financial year, of readymade garments and clothing accessories, not bearing a brand name or trade name, whether registered or not, of another person, falling under chapter 61 or 62 of the First Schedule to the Central Excise Tariff Act, 1985 (5 of 1986) (herein after referred to as the specified goods), from the whole of the duty of excise specified thereon in the First Schedule to the said Central Excise Tariff Act:

Provided that during the financial year 2003-2004, the exemption contained in this notification shall apply to the first clearances for home consumption, of the specified goods, up to an aggregate value not exceeding twenty five lakh rupees made on or after the 30^th day of April, 2003.

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 said aggregate value of clearances for home consumption 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 said aggregate value of clearances for home consumption and not separately for each manufacturer;
(iii)
the aggregate value of clearances for home consumption of specified goods, by the said manufacturer from one or more factories, or from a factory by one or more manufacturers, does not exceed thirty lakh rupees in a financial year:

Provided that in the financial year 2003-2004, the exemption shall apply only if the aggregate value of clearances of specified goods, by a manufacturer from one or more factories, or from a factory by one or more manufacturers, does not exceed thirty lakh rupees during the period beginning from the 30^st day of April, 2003:

Provided further that in any financial year, if the aggregate value of clearances for home consumption of specified goods exceeds thirty lakh rupees, or as the case may be, in the financial year 2003-2004, if the aggregate value of clearances for home consumption of specified goods during the period beginning from the 30th day of April, 2003 exceeds thirty lakh rupees, the said manufacturer shall pay the amount of duty as payable, on the said first clearances of the specified goods of twenty five lakh rupees, but for the exemption contained in this notification, within thirty days of the day when such clearance exceeds the said thirty lakh rupees;
(iv)
the manufacturer shall keep all documents relating to purchase of fabrics;
(v)
the manufacturer may opt not to avail the exemption contained in this notification and clear the specified goods on payment of normal rate of duty. However, once such option has been exercised during a financial year, the said manufacturer shall not be allowed to avail the exemption during the remaining part of that financial year.

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)
"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;
(C)
"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) issued under sub-section (1) of section 5A of the said Central excise Act;

V. Sivasubramanian
Deputy Secretary to the Government of India

F.No B3/5 /2003-TRU

Notification No.34/2003, Dated 30 April 2003

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(i)	where a manufacturer clears the specified goods from one or more factories, the exemption in his case shall apply to the said aggregate value of clearances for home consumption 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 said aggregate value of clearances for home consumption and not separately for each manufacturer;
(iii)	the aggregate value of clearances for home consumption of specified goods, by the said manufacturer from one or more factories, or from a factory by one or more manufacturers, does not exceed thirty lakh rupees in a financial year:
		Provided that in the financial year 2003-2004, the exemption shall apply only if the aggregate value of clearances of specified goods, by a manufacturer from one or more factories, or from a factory by one or more manufacturers, does not exceed thirty lakh rupees during the period beginning from the 30^st day of April, 2003:
		Provided further that in any financial year, if the aggregate value of clearances for home consumption of specified goods exceeds thirty lakh rupees, or as the case may be, in the financial year 2003-2004, if the aggregate value of clearances for home consumption of specified goods during the period beginning from the 30th day of April, 2003 exceeds thirty lakh rupees, the said manufacturer shall pay the amount of duty as payable, on the said first clearances of the specified goods of twenty five lakh rupees, but for the exemption contained in this notification, within thirty days of the day when such clearance exceeds the said thirty lakh rupees;
(iv)	the manufacturer shall keep all documents relating to purchase of fabrics;
(v)	the manufacturer may opt not to avail the exemption contained in this notification and clear the specified goods on payment of normal rate of duty. However, once such option has been exercised during a financial year, the said manufacturer shall not be allowed to avail the exemption during the remaining part of that financial year.

(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)	"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;
(C)	"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) issued under sub-section (1) of section 5A of the said Central excise Act;