GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
Notification No. 05/2010-Central Excise (N.T.)
New Delhi, the 27th February, 2010.
In exercise of the powers conferred by section 37 of the Central Excise Act,
1944 (1 of 1944), the Central Government hereby makes the following rules
further to amend the Central Excise Rules, 2002, namely:-
1. (1) These rules may be called the Central Excise (Amendment) Rules, 2010.
(2) They shall come into force from the 1st day of April, 2010.
2. In the Central Excise Rules, 2002, -
(a) in rule 8, in sub-rule(1), for the second proviso, the following proviso and
explanations shall be substituted, namely:-
“Provided further that where an assessee is eligible to avail of the exemption
under a notification based on the value of clearances in a financial year , the
duty on goods cleared during a quarter of the financial year shall be paid by
the 6th day of the month following that quarter, if the duty is paid
electronically through internet banking and in any other case , by the 5th day
of the month following that quarter , except in case of goods removed during the
last quarter, starting from the 1st day of January and ending on the 31st day of
March, for which the duty shall be paid by the 31st day of March.
Explanation.1. - For the purposes of this proviso, it is hereby clarified that
an assessee shall be eligible, if his aggregate value of clearances of all
excisable goods for home consumption in the preceding financial year, computed
in the manner specified in the said notification, did not exceed rupees four
hundred lakhs.
Explanation.2. - The manner of payment as specified in this proviso shall be
available to the assessee for the whole of the financial year.”;
(b) in rule 11, sub-rule (5) shall be omitted;
(c) in rule 12, in sub-rule (1),-
(i) in the second proviso, clause (a)
(ii) after the second proviso, the following
“Provided also that where an assessee is eligible to avail based on the value of
clearances in specified ,by notification, by particulars within ten days after
the close of the quarter to which the return relates
Explanation1. - For the purposes of this proviso, eligible, if his aggregate
value of clearances of all excisable goods for home consumption in the preceding
financial year computed in the manner specified in the said notification did not
exceed rupees four hundred lakhs.
Explanation.2. - The filing of returns as specified in the proviso shall be
available to the assessee for the whole of the financial year.”.
[F. No.334/1/2010]
(PRASHANT KUMAR)
UNDER SECRETARY TO GOVT OF INDIA
Note: - The principal notification No. 4/2002Central Excise (N.T.), dated the
1st March, 2002 was published in the Gazette of India, Extraordinary, Part II,
Section 3, sub-section(i) vide G.S.R. 143 (E), dated the 1st March,
2002,2010-Central Excise(N.T.), dated the 19th February. ,2010, published in the
Gazette of India, Extraordinary,Part II,Section 3, sub-section(i) vide G.S.R.89
(E) dated the 19th February, 2010.