Notification
New Delhi, the 1st March, 2008
No.10/2008-Central Excise
11 Phalguna, 1929 (Saka)
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), the Central Government, on 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 erstwhile Ministry of Finance and Company
Affairs (Department of Revenue), No. 23/2003-Central Excise, dated the 31
st
March, 2003,
published in the Gazette of India, Extraordinary, vide number G.S.R. 266(E), of the same date,
namely:-
In the said notification, in the Table, -
(i) against Sr. No. 2, in column (4), for the entry, the following entry shall be
substituted, namely:-
“In excess of the amount equal to the aggregate of duties of customs leviable on like
goods, as if,-
(a) the duty of customs specified in the First Schedule to the Customs Tariff
Act, 1975 (51 of 1975), read with any other notification in force was reduced by
50%, and
(b) no additional duty of customs was leviable under sub-section (5) of
section 3 of the said Customs Tariff Act:
Provided that while calculating the aggregate of customs duties, additional duty
of customs leviable under sub-section (5) of section 3 of the said Customs Tariff
Act shall be included if the goods cleared into Domestic Tariff Area are exempt
from payment of sales tax or value added tax.
Illustration: - Assuming product X has the value Rs. 100/- under section 14 of the Customs Act,
1962, and for the purposes of this illustration, is chargeable to basic customs duty of 10% ad
valorem and additional duty of 20% ad valorem only, then the computation of duty required to be
paid would be as follows:
Basic Customs duty but for this exemption= Rs. 10/-
Basic Customs duty because of this exemption= Rs. 5/-
Value for the purposes of calculation of additional duty = Rs. 100/- + Rs. 5/- = Rs. 105/-
Additional duty= 20% of Rs. 105/- = Rs. 21/-.
Total duty payable after this exemption= Rs. 5/- + Rs. 21/- = Rs 26/-”.
[F. No. 334/1/2008-TRU]
(S.Bajaj)
Under Secretary to the Government of India
Note: - The principal notification was published in the Gazette of India, Extraordinary, vide
number G.S.R. 266(E), dated the 31
st
March, 2003, and was last amended by notification No.
29/2007-Central Excise, dated the 6
th
July, 2007 and published vide number G.S.R. 474(E), dated
the , 6
th
July, 2007.