[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. 11/2014-Central Excise
New Delhi, the 11th July, 2014
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) read with sub-section (3) of section 3 of the Additional
Duties of Excise (Goods of Special Importance) Act, 1957 (58 of 1957), the Central
Government, 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. 108/95-Central Excise, dated the 28
th
August, 1995
which was published in the Gazette of India, Extraordinary, vide number G.S.R. 602(E) dated the
28
th
August, 1995, namely: -
In the said notification, after the proviso, the following shall be inserted, namely:-
“2. Where the said goods are cleared prior to the 1
st
March, 2008, the manufacturer may -
(a) transfer the said goods to a new project subject to the condition that the manufacturer
produces before the Assistant Commissioner of Central Excise or Deputy Commissioner
of Central Excise, as the case may be, having jurisdiction over the factory of
manufacture, a certificate from the officer concerned of the Central Government, State
Government or Union territory Administration, as the case may be, that the said goods
are no longer required for the said project and a declaration from the United Nations, the
World Bank, the Asian Development Bank or any other international organization listed
in the Annexure to the said notification that the said goods are required for the new
project and the said project has duly been approved by the Government of India; or
(b) pay duty of excise which would have been payable but for the exemption contained
herein on the depreciated value of the said goods subject to the condition that the
importer produces before the Assistant Commissioner of Central Excise or Deputy
Commissioner of Central Excise, as the case may be, having jurisdiction over the factory
of manufacture, a certificate from the officer concerned of the Central Government, State
Government or Union territory Administration, as the case may be, that the said goods
are no longer required for the existing project. The depreciated value of the said goods
shall be equal to the original value of the goods at the time of clearance reduced by the
percentage points calculated by straight line method as specified below for each quarter
of a year or part thereof from the date of clearance of the said goods, namely:-
(i) for each quarter in the first year at the rate of 4 per cent;
(ii) for each quarter in the second year at the rate of 3 per cent;
(iii) for each quarter in the third year at the rate of 2.5 per cent; and
(iv) for each quarter in the fourth year and subsequent years at the rate of 2%,
subject to the maximum of 70%.”.
[F. No.334/15/2014-TRU]
(Akshay Joshi)
Under Secretary to the Government of India
Note.- The principal notification No. 108/95-Central Excise, dated the 28
th
August, 1995 was
published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number
G.S.R. 602(E) dated the 28
th
August, 1995 and last amended by notification No.13/2008-Central
Excise, dated the 1
st
March, 2008 which was published in the Gazette of India, Extraordinary,
Part II, Section 3, Sub-section (i) vide number G.S.R. 141(E) dated the 1
st
March,2008.