This Notification Rescinded Vide Notification No. 9/2017-C.E. Dated 30/06/2017
Notification No. 70/1992-CE Dated 17/6/1992
Exemption to items manufactured as a job work and used for Defence Ministry Supply manufacture-In exercise of the powers conferred by sub- section
(1) of section 5A of the Central Excises and Salt Act, 1944 (1 of 1944), the
Central Government, being satisfied that it is necessary in the public interest
so to do, hereby exempts goods manufactured in a factory as a job work
(hereinafter referred to as "said goods"), and used by the undertakings
specified in the Table hereto annexed (hereinafter described as "said
manufacturer") in or in relation to the manufacture of final products for supply
to the Ministry of Defence for official purposes from the whole of the duty of
excise leviable thereon, which is specified in the Schedule to the Central
Excise Tariff Act, 1985 (5 of 1986).
Explanation I. - For the purposes of this notification, the expression "job
work" means processing or working upon of raw materials or semi- finished goods
supplied to the job worker, so as to complete a part or whole of the process
resulting in the manufacture or finishing of an article or any operation which
is essential for the aforesaid process.
Explanation II. - For the purposes of this notification, the expression "said
goods" does not include-
(a) machines, machinery, plant, equipment, apparatus, tools or appliances used
for producing or processing of any goods or for bringing about any change in any
substance in or in relation to the manufacture of the final products;
(b) packaging materials in respect of which any exemption to the extent of the
duty of excise payable on the value of the packaging materials is being availed
of for packaging any final products;
(c) packaging materials the cost of which is not include or had not been
included during the preceding financial year in the assessable value of the
final products under section 4 of the Central Excises and Salt Act, 1944 (1 of
1944);
(d) Cylinders for packaging gases;
(e) bags or sacks made out of fabric (whether or not coated, covered or
laminated with any other material) woven from strips or tapes of plastics; or
(f) plywood for tea chests.
2. The exemption contained in this notification shall be subject to the
following conditions, namely:-
(i) the said manufacturer gives an undertaking to the Assistant Collector of
Central Excise having jurisdiction over the factory of the job worker that the
said goods shall be used-
(a) in or in relation to the manufacture of final products in his factory;
(b) in the manufacture of goods by any other job worker for further use in or in
relation to the manufacture of the final products in his factory;
(ii) the said manufacturer shall produce an evidence that the said goods have
been used;
(iii) the final product shall be supplied to the Ministry of Defence for
official purposes and the said manufacturer shall produce evidence to the effect
that the final products have been so supplied; and
(iv) the said manufacturer undertakes the responsibility of discharging the
liabilities in respect of central excise duty leviable on the final products.
TABLE
1. Hindustan Aeronautics Ltd.
2. Bharat Electronics Ltd.
3. Bharat Dynamics Ltd.
4. National Instruments Ltd., Calcutta.
5. National Aerospace Laboratories.
6. Indian Ordinance Factories belonging to the Central Government.
7. Mishra Dhatu Nigam.
8. Bharat Earth Movers Limited.
as amended by [Notifications No. 140/94-CE dated 15-11-1994; No. 66/95-CE dated 16-3-1995; No. 96/95-CE dated 26-5-1995 and No. 7/98-CE dated 2-6-1998.]