Notification No. 28/2002-C.E. Dated 13/5/2002
Exemption to goods falling within the First Schedule - 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 147 of the Finance Act, 2002 ( 20 of 2002), and in supersession of the notification of the Government of India in the Ministry of Finance( Department of Revenue) No 19/2002-Central Excise, dated the 1st March , 2002 [ G.S.R 140(E), dated the 1st March, 2002], the Central Government, being satisfied that it is necessary in the public interest so to do, hereby exempts goods falling within the First Schedule to the Central Excise Tariff Act, 1985 (5 of 1986) and specified in column(2) of the Table hereto annexed , from so much of the special additional excise duty leviable thereon under sub-section(1) of section 147 of the said Finance Act, as is in excess of the amount indicated in the corresponding entry in column (3) of the said Table, namely:-
Table
|
S.No |
Description of goods |
Rate |
|
(1) |
(2) |
(3) |
|
3[1. |
Motor spirit , commonly known as petrol |
Rupees six per litre] |
| 1A. | Motor
spirit, (commonly known as petrol) when intended for use in ethanol
blended petrol, that is, a blend a) consisting by volume, of 95% Motor spirit, (commonly known as petrol), or which the appropriate duties of excise have been paid and of 5% ethanol on which the appropriate duties of excise have been paid, and (b) conforming to Bureau of Indian Standards specification 2796 subject to following the procedure laid down in the Central Excise (Removal of Goods) at Concessional Rate of Duty for Manufacture of Excisable Goods Rules, 2001. |
Five Rupees and seventy paise per litre |
| 1B. | 5%
ethanol blended petrol that is a blend.- (a) consisting, by volume, of 95% Motor spirit, (commonly known as petrol) on which the appropriate duties of excise have been paid and of 5% ethanol on which the appropriate duties of excise have been paid, and (b) conforming to Bureau of Indian Standards specification 2796. Explanation : for the purposes of thus exemption "appropriate duties of excise" shall mean the duties of excise leviable under the First Schedule and Second Schedule to the Central Excise Tariff Act, 1985 (1 of 1986) the additional duty of excise leviable under the Finance (No. 2) Act, 1998 (21 of 1998) and the special additional excise duty leviable under section 147 of the Finance Act, 2002 (20 of 2002), read with any relevant exemption notification for the time being in force |
NIL |
| (Sl. No. 1A and 1B has been substituted by notification no. 12/2004-CE dated 4-2-2004, w.e.f. 1st day of March, 2004, effective upto and inclusive of the 30th day of June, 2004) | ||
|
3[2. |
High speed diesel oil |
Nil] |
| 3. |
5% ethanol blended petrol that is a blend ,
(a) consisting, by volume, of 95% Motor spirit, (commonly known as petrol), on which the appropriate duties of excise have been paid and, of 5% 5[ethanol on which appropriate central tax, State tax, Union territory tax or integrated tax, as the case maybe, have been paid] OLD[ethanol on which the appropriate duties of excise have been paid], and (b) conforming to Bureau of Indian Standards specification 2796.
6[appropriate
duties of excise shall mean the duties of excise as leviable under the Fourth Schedule to the
Central Excise Act, 1944 (1 of 1944), the additional duty of excise leviable
under section 112 of the Finance Act, 2018 (13 of 2018), the special additional
excise duty leviable under section 147 of the Finance Act, 2002 (20 of 2002) and
the additional duty of excise (Agriculture Infrastructure and Development Cess)
leviable under 8[section 125 of the
Finance Act, 2021 (13 of 2021)] old[clause 116 of the Finance Bill, 2021 (15 of 2021), which, by
virtue of the declaration made in the said Finance Bill under the
Provisional Collection of Taxes Act, 1931 (16 of 1931) has the force of
law], read with any relevant exemption notification for the time being in
force] old[Explanation 4[1]: For the purposes of this exemption "appropriate duties of excise" shall mean the duties of excise leviable under the First Schedule and Second Schedule to the Central Excise Tariff Act, 1985 (5 of 1986), the additional duty of excise leviable under section 111 of the Finance (No. 2) Act, 1998 (21 of 1998) and the special additional excise duty leviable under section 147 of the Finance Act, 2002 (20 of 2002), read with any relevant exemption notification for the time being in force.]
4[Explanation 2.- "appropriate central tax, State tax, Union territory tax and integrated tax" shall mean the central tax, State tax, Union territory tax and integrated tax as leviable under the Central Goods and Services Tax Act, 2017 (12 of 2017), State Goods and Services Tax Act of the State concerned, the Union Territory Goods and Services Tax Act , 2017(14 of 2017) and the Integrated Goods and Services Tax Act, 2017(13 of 2017).] |
Nil |
| 1[4. |
10% ethanol blended petrol that is a blend ,- (a) consisting, by volume, of 90% Motor spirit, (commonly known as petrol), on which the appropriate duties of excise have been paid and, of 10% 5[ethanol on which appropriate central tax, State tax, Union territory tax or integrated tax, as the case maybe, have been paid] OLD[ethanol on which the appropriate duties of excise have been paid,] and (b) conforming to Bureau of Indian Standards specification 2796.
6[appropriate
duties of excise shall mean the duties of excise as leviable under the Fourth Schedule to the
Central Excise Act, 1944 (1 of 1944), the additional duty of excise leviable
under section 112 of the Finance Act, 2018 (13 of 2018), the special additional
excise duty leviable under section 147 of the Finance Act, 2002 (20 of 2002) and
the additional duty of excise (Agriculture Infrastructure and Development Cess)
leviable under 8[section 125 of the
Finance Act, 2021 (13 of 2021)] old[clause 116 of the Finance Bill, 2021 (15 of 2021), which, by
virtue of the declaration made in the said Finance Bill under the
Provisional Collection of Taxes Act, 1931 (16 of 1931) has the force of
law], read with any relevant exemption notification for the time being in
force] old[Explanation 4[1]: For the purposes of this exemption “appropriate duties of excise” shall mean the duties of excise leviable under the First Schedule and Second Schedule to the Central Excise Tariff Act, 1985 (5 of 1986), the additional duty of excise leviable under section 111 of the Finance (No.2) Act, 1998 (21 of 1998) and the special additional excise duty leviable under section 147 of the Finance Act, 2002 (20 of 2002), read with any relevant exemption notification for the time being in force. 4[Explanation 2.- "appropriate central tax, State tax, Union territory tax and integrated tax" shall mean the central tax, State tax, Union territory tax and integrated tax as leviable under the Central Goods and Services Tax Act, 2017 (12 of 2017), State Goods and Services Tax Act of the State concerned, the Union Territory Goods and Services Tax Act , 2017(14 of 2017) and the Integrated Goods and Services Tax Act, 2017(13 of 2017).] |
Nil] |
|
7[4A. |
20% ethanol blended petrol that is a
blend, -
(a) consisting, by volume, of 80% motor spirit (commonly known as petrol), on which the appropriate duties of excise have been paid and, of 20% ethanol on which the appropriate Central tax, State tax, Union territory tax or Integrated tax, as the case may be, have been paid; and (b) conforming to the Bureau of Indian Standards specification 17021. Explanation .- (a) appropriate duties of excise shall mean the duties of excise as leviable under the Fourth Schedule to the Central Excise Act, 1944 (1 of 1944), the additional duty of excise leviable under section 112 of the Finance Act, 2018 (13 of 2018), the special additional excise duty leviable under section 147 of the Finance Act, 2002 (20 of 2002) and the additional duty of excise (Agriculture Infrastructure and Development Cess) leviable under 8[section 125 of the Finance Act, 2021 (13 of 2021)] old[clause 116 of the Finance Bill, 2021 (15 of 2021), which, by virtue of the declaration made in the said Finance Bill under the Provisional Collection of Taxes Act, 1931 (16 of 1931) has the force of law], read with any relevant exemption notification for the time being in force; (b) appropriate Central tax, State tax, Union territory tax and Integrated tax shall mean the Central tax, State tax, Union territory tax and Integrated tax as leviable under the Central Goods and Services Tax Act, 2017 (12 of 2017), the State Goods and Services Tax Act of the State concerned, the Union Territory Goods and Services Tax Act, 2017(14 of 2017) and the Integrated Goods and Services Tax Act, 2017(13 of 2017).] |
Nil] |
|
7[4B. |
15% methanol blended petrol that is a
blend, -
(a) consisting of motor spirit (commonly known as petrol), on which the appropriate duties of excise have been paid and of methanol and cosolvents on which the appropriate Central tax, State tax, Union territory tax or Integrated tax, as the case may be, have been paid; and (b) conforming to Bureau of Indian Standards specification 17076. Explanation .- (a) appropriate duties of excise shall mean the duties of excise as leviable under the Fourth Schedule to the Central Excise Act, 1944 (1 of 1944), the additional duty of excise leviable under section 112 of the Finance Act, 2018 (13 of 2018), the special additional excise duty leviable under section 147 of the Finance Act, 2002 (20 of 2002) and the additional duty of excise (Agriculture Infrastructure and Development Cess) leviable under 8[section 125 of the Finance Act, 2021 (13 of 2021)] old[clause 116 of the Finance Bill, 2021 (15 of 2021), which, by virtue of the declaration made in the said Finance Bill under the Provisional Collection of Taxes Act, 1931 (16 of 1931) has the force of law], read with any relevant exemption notification for the time being in force; (b) appropriate Central tax, State tax, Union territory tax and Integrated tax shall mean the central tax, State tax, Union territory tax and integrated tax as leviable under the Central Goods and Services Tax Act, 2017 (12 of 2017), the State Goods and Services Tax Act of the State concerned, the Union Territory Goods and Services Tax Act, 2017(14 of 2017) and the Integrated Goods and Services Tax Act, 2017(13 of 2017).] |
Nil] |
| 9[4C. |
12% ethanol blended petrol that is a blend, - (a) consisting, by volume, of 88% motor spirit (commonly known as petrol), on which the appropriate duties of excise have been paid and, of 12% ethanol on which the appropriate Central tax, State tax, Union territory tax or Integrated tax, as the case may be, have been paid; and (b) conforming to the Bureau of Indian Standards specification 17586. Explanation .- (ii) Appropriate Central tax, State tax, Union territory tax and Integrated tax shall mean the Central tax, State tax, Union territory tax and Integrated tax as leviable under the Central Goods and Services Tax Act, 2017 (12 of 2017), the State Goods and Services Tax Act of the State concerned, the Union Territory Goods and Services Tax Act, 2017(14 of 2017) and the Integrated Goods and Services Tax Act, 2017(13 of 2017). |
Nil |
| 4D. |
15% ethanol blended petrol that is a blend, - (a) consisting, by volume, of 85% motor spirit (commonly known as petrol), on which the appropriate duties of excise have been paid and, of 15% ethanol on which the appropriate Central tax, State tax, Union territory tax or Integrated tax, as the case may be, have been paid; and (b) conforming to Bureau of Indian Standards specification 17586. Explanation .- (i) Appropriate duties of excise shall mean the duties of excise as leviable under the Fourth Schedule to the Central Excise Act, 1944 (1 of 1944), the additional duty of excise (Road and Infrastructure Cess) leviable under section 112 of the Finance Act, 2018 (13 of 2018), the special additional excise duty leviable under section 147 of the Finance Act, 2002 (20 of 2002) and the additional duty of excise (Agriculture Infrastructure and Development Cess) leviable under section 125 of the Finance Act, 2021 (13 of 2021), read with any relevant exemption notification for the time being in force. (ii) Appropriate Central tax, State tax, Union territory tax and Integrated tax shall mean the central tax, State tax, Union territory tax and integrated tax as leviable under the Central Goods and Services Tax Act, 2017 (12 of 2017), the State Goods and Services Tax Act of the State concerned, the Union Territory Goods and Services Tax Act, 2017(14 of 2017) and the Integrated Goods and Services Tax Act, 2017(13 of 2017)”: |
Nil] |
| 2[5 |
10[High speed diesel oil blended with bio -diesel, up to 20% by volume, that is, a blend, consisting 80% or more of high speed diesel oil, on which the appropriate duties of excise have been paid and, up to 20% bio -diesel on which the appropriate Central tax, State tax, Union territory tax or Integrated tax, as the case maybe, have been paid.] old[High speed diesel oil blended with alkyl esters of long chain fatty acids obtained from vegetable oils, commonly known as bio-diesels, upto 20%, by volume, that is a blend, consisting 80% or more of high speed diesel oil, on which the appropriate duties of excise have been paid and upto 20% 5[bio-diesel on which appropriate central tax, State tax, Union territory tax or integrated tax, as the case maybe, have been paid]] OLD[bio-diesel on which the appropriate duties of excise have been paid.]
6[appropriate
duties of excise shall mean the duties of excise as leviable under the Fourth Schedule to the
Central Excise Act, 1944 (1 of 1944), the additional duty of excise leviable
under section 112 of the Finance Act, 2018 (13 of 2018), the special additional
excise duty leviable under section 147 of the Finance Act, 2002 (20 of 2002) and
the additional duty of excise (Agriculture Infrastructure and Development Cess)
leviable under 8[section 125 of the
Finance Act, 2021 (13 of 2021)] old[clause 116 of the Finance Bill, 2021 (15 of 2021), which, by
virtue of the declaration made in the said Finance Bill under the
Provisional Collection of Taxes Act, 1931 (16 of 1931) has the force of
law], read with any relevant exemption notification for the time being in
force] old[Explanation4[1].-For the purposes of this exemption "appropriate duties of excise" shall mean the duties of excise leviable under the First Schedule and the Second Schedule to the Central Excise Tariff Act, 1985 (5 of 1986), the additional duty of excise leviable under section 133 of the Finance Act, 1999 (27 of 1999) and the special additional excise duty leviable under section 147 of the Finance Act, 2002 (20 of 2002), read with notification No. 4/2006-Central Excise dated the 1st March, 2006, published vide No. G.S.R.94(E), dated the 1st March, 2006 and notification No. 28/2002-Central Excise dated the 13th May 2002, published vide No. G.S.R.361(E), dated the 13th May 2002. 4[Explanation 2.- "appropriate central tax, State tax, Union territory tax and integrated tax" shall mean the central tax, State tax, Union territory tax and integrated tax as leviable under the Central Goods and Services Tax Act, 2017 (12 of 2017), State Goods and Services Tax Act of the State concerned, the Union Territory Goods and Services Tax Act , 2017(14 of 2017) and the Integrated Goods and Services Tax Act, 2017(13 of 2017).] |
Nil] |
1. Inserted vide Notification No. 63/2008-CE Dated 24/12/2008
2. Added vide Notification No. 8/2009-CE Dated 7/7/2009
3. Omitted Vide: Notification No. 15/2017-CE Dated 30/06/2017
4. Added Vide: Notification No. 20/2017-CE Dated 03/07/2017
5. Substituted Vide: Notification No. 20/2017-CE Dated 03/07/2017
6. Substituted Vide: Notification No. 04/2021-CE Dated 01/02/2021[ w.e.f 02.02.2021]
7. Inserted Vide: Notification No. 04/2021-CE Dated 01/02/2021[ w.e.f 02.02.2021]
8.Substituted Vide:- Notification No. 08/2021-CE Dated 08/04/2021
9. Inserted Vide:- Notification No. 13/2022-CE Dated 12/07/2022
10. Substituted Vide:- Notification No. 13/2022-CE Dated 12/07/2022
as amended by [Notifications No. 62/2002-CE dt 31-12-2002, 16/2003-CE dt 1-3-2003, 12/2004-CE dt 4-2-2004 ,40/2004-CE dt 4-8-2004 ,63/2008-CE dt 24-12-2008 and Notification No. 8/2009 dated 7/7/2009.]