ACT NO. 5 OF 1986
19th January, 1986
An Act to provide for tariff for Central Duties of Excise.
BE it enacted by Parliament in the Thiry-six Year of the Republic of India as follows :
1. Short title, extent and commencement
(1) This Ordinance may be called the Central Excise Tariff (Amendment) Ordinance, 2002.
(2) It shall come into force at once.
(This clause has been amended vide The Central Excise Tariff (Amendment) Ordinance, 2002, dt.10/01/2002)
[Old
(1) This Act may be called the Central Excise Tarrif Act, 1985.
(2) It extends to the whole of India.
(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.]
2. Duties specified in the First Schedule and the Second Schedule to be levied
The rates at which duties of excise shall be levied under the Central
Excise Act, 1944 (1 of 1944) are specified in the First Schedule and
the Second Schedule.
3. Emergency power of Central Government to increase duty of excise
(1) Where, in respect of any goods, the Central Government id satisfied
that the duty leviable thereon under section 3 of the Central Excise
Act, 1944 (1 of 1944) should be increased and that circumstances exist
which render it necessary to take immediate action, the Central
Government may, by notification in the Official Gazette, direct an
amendment of the First Schedule and the Second Schedule to be made so
as to substitute for the rate of duty specified in the First Schedule
and the Second Schedule in respect of such goods, -
(a) in a case where the rate of duty as specified in the First Schedule
and the Second Schedule as in force immediately before the issue of
such notification is nil, a rate of duty not exceeding fifty per cent
ad valorem expressed in any form or method;
(b) in any other case, a rate of duty as it thinks necessary.
(Above clause (b) has been amended vide The Central Excise Tariff (Amendment) Ordinance, 2002, dt.10/01/2002)
[Old (b) in any other case, a rate of duty which shall not be more than
twice the rate of duty specified in respect of such goods in the First
Schedule and the Second Schedule as in force immediately before the
issue of the said notification :]
Provided that the Central Government shall not issue any notification
under this sub-section for substituting the rate of duty in respect of
any goods as specified by an earlier notification has been approved
with or without modifications under sub-section (2).
Expalnation. "Form or method", in relation to a rate of duty
of excise, means the basis, namely, valuation, weight, number, length,
area, volume, or other measure with reference to which the duty may
levied.
(2) Every notification under sub-section (1) shall be laid before each
House of Parliament, if it is sitting, as soon as may be after the
issue of the notification, and, if it is not sitting, within seven days
of its re-assembly, and the Central Government shall seek the approval
of Parliament to the notification by a resolution moved within a period
of fifteen days beginning with the day on which the notification is so
laid before the house of the People and if Parliament makes any
modification in the notification or directs that the notification
should cease to have effect, the notification shall thereafter have
effect only in such modified form or be of no effect, as the case may
be, but without prejudice to the validity of anything previously done
thereunder.
(3) for the removal of doubts, it is hereby declared that any
notification issued under sub-section (1), including any such
notification approved or modified under sub-section (2), may be
rescinded by the Central Government at any time by notification in the
Official Gazette
4. Consequential amendments of and construction of references to the First Schedule to Act 1 of 1944
(a) for the words "First Schedule", wherever they occur, the words and
figures "Schedule to the Central Excise Tariff Act, 1985" shall be
substituted;
(b) in section 2, for clause (f), the following clause shall be substituted; namely :-
(f) "manufacture" includes any process, -
(i) incidental or ancillary to the completion of a manufactured product;
(ii) which is specified in relation to any goods in the Section or
Chapter Notes of the Schedule to the Central Excise Tariff Act, 1985 as
amounting to manufacture,
and the word "manufacturer" shall be construed accordingly and shall
include only a person who employes hired labour in the production or
manufacture of excisable goods, but also any person who engages in
their production or manufacture on his own account;
(c) the First Schedule shall be omitted.
(2) Any reference to the expression "First Schedule to the Central
Excise Act, 1944 (1 of 1944)" in any Central Act shall, on and after
the commencement of this Act, be construed as a reference to the
Schedule to this Act.
5. Power of Central Government to amend First and Second Schedules. â
(1) Where the Central Government is satisfied that it is necessary so
to do in the public interest, it may, be notification in the Official
Gazette, amend the First Schedule and the Second Schedule:
Provided
that such amendment shall not alter or affect in any manner the rates
specified in the First Schedule and the Second Schedule in respect of
goods at which duties of excise shall be leviable on the goods under
the Central Excise Act, 1944 (1 of 1944).
(2) Every
notification issued under sub-section (1) shall be laid, as soon as may
be after it is issued, before each House of Parliament, while it is in
session, for a total period of thirty days which may be comprised in
one session or in two or more successive sessions, and if, before the
expiry of the session immediately following the session or the
successive sessions aforesaid, both Houses agree in making any
modification in the notification or both Houses agree that the
notification should not be issued, the notification shall thereafter
have effect only in such modified from or be of
no effect, as the case may be; so, however, that any such modification
or annulment shall be without prejudice to the validity of anything
previously done under that notification.
2. General rules for the interpretation of this Schedule
Classification of goods in this Schedule shall be governed by the following principles:
1. The titles of Sections, Chapters and Sub-Chapters are provided for ease of reference only; for legal purposes, classification shall be determined according to the terms of the headings and any relative Section or Chapter Notes and, provided such headings or Notes do not otherwise require, according to the following provisions.
2. (a) Any reference in a heading to an article shall be taken to include a reference to that article incomplete or unfinished, provided that, as presented, the incomplete or unfinished article has the essential character of the complete or finished article. It shall also be taken to include a
reference to that article complete or finished (or falling to be classified as complete or finished by virtue of this rule), presented unassembled or disassembled.
(b) Any reference in a heading to a material or substance shall be taken to include a reference to mixtures or combinations of that material or substance with other materials or substances. Any reference to goods of a given material or substance shall be taken to include a reference to goods consisting wholly or partly of such material or substance. The classification of goods consisting of more than one material or substance shall be according to the principles of rule 3.
3. When by application of rule 2(b) or for any other reason, goods are, prima facie, classifiable under two or more headings, classification shall be effected as follows:
(a) the heading which provides the most specific description shall be preferred to headings providing a more general description. However, when two or more headings each refer to part only of the materials or substances contained in mixed or composite goods or to part only of the items in a set put up for retail sale, those headings are to be regarded as equally specific in relation to those goods, even if one of them gives a more
complete or precise description of the goods.
(b) mixtures, composite goods consisting of different materials or made up of different components, and goods put up in sets for retail sale, which cannot be classified by reference to (a), shall be classified as if they consisted of the material or component which gives them their essential character, insofar as this criterion is applicable.
(c) when goods cannot be classified by reference to (a) or (b), they shall be classified under the heading which occurs last in numerical order among those which equally merit consideration.
4. Goods which cannot be classified in accordance with the above rules shall be classified under the heading appropriate to the goods to which they are most akin.
5. In addition to the foregoing provisions, the following rules shall apply in respect of the goods referred to therein:
(a) camera cases, musical instrument cases, gun cases, drawing instrument cases, necklace cases and similar containers, specially shaped or fitted to contain a specific article or set of articles, suitable for long-term use and presented with the articles for which they are intended, shall be classified with such articles when of a kind normally sold therewith. This rule does not, however, apply to containers which give the whole its essential character;
(b) subject to the provisions of (a) above, packing materials and packing containers presented with the goods therein shall be classified with the goods if they are of a kind normally used for packing such goods. However, this provision does not apply when such packing materials or packing containers are clearly suitable for repetitive use.
6. For legal purposes, the classification of goods in the sub-headings of a heading shall be determined according to the terms of those sub-headings and any related sub-heading Notes and, mutatis mutandis, to the above rules, on the understanding that only sub-headings at the
same level are comparable. For the purposes of this rule the relative Section and Chapter Notes also apply, unless the context otherwise requires.
General Explanatory Notes
1. Where in column (2) of this Schedule, the description of an article or group of articles under a heading is preceded by â-â, the said article or group of articles shall be taken to be a subclassification of the article or group of articles covered by the said heading. Where, however, the description of an article or group of articles is preceded by â--â, the said article or group of articles shall be taken to be a sub-classification of the immediately preceding description of the article or group of articles which has â-â. Where the description of an article or group of articles is preceded by â---â or â----â, the said article or group of articles shall be taken to be a subclassification of the immediately preceding description of the article or group of articles which has â-â or â--â.
2. The abbreviation â%â in column (4) of this Schedule in relation to the rate of duty indicates that duty on the goods to which the entry relates shall be charged on the basis of the value of the goods fixed, defined or deemed to be, as the case may be, under or in sub-section (2) read with sub-section (3) of section 3 or section 4 or section 4A of the Central Excise Act, 1944, the duty being equal to such percentage of the value as is indicated in that column.
Additional Notes In this Schedule,â
(1) (a) âheadingâ, in respect of goods, means a description in list of tariff provisions accompanied by a four-digit number and includes all sub-headings of tariff items the first four-digits of which correspond to that number;
(b) âsub-headingâ, in respect of goods, means a description in the list of tariff provisions accompanied by a six-digit number and includes all tariff items the first sixdigits of which correspond to that number;
(c) âtariff itemâ means a description of goods in the list of tariff provisions accompanying either eight-digit number and the rate of the duty of excise or eight- digit number with blank in the column of the rate of duty;
(2) the list of tariff provisions is divided into Sections, Chapters and Sub-Chapters;
(3) in column (3), the standard unit of quantity is specified for each tariff item to facilitate the collection, comparison and analysis of trade statistics.
Amendment of all Central Excise Notifications after introduction of 8 digit code:
[Notification. No.1/2005-CE., dt. 24.2.2005]
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) and sub-section (3) of section 3 of the Additional Duties of Excise (Textiles and Textile Articles) Act, 1978 (40 of 1978), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby makes the following or further amendments in all the notifications of the Government of India in the Ministry of Finance (Department of Revenue) issued under any of the said sections and which are for the time being in force on the date of commencement of the Central Excise Tariff
(Amendment) Act, 2004 (5 of 2005), namely:
In each of the said notifications, for the references to the Chapter or heading No. or subheading No. of the First Schedule or the Second Schedule to the Central Excise Tariff Act, 1985 (5 of 1986), as the case may be, relating to any goods or class of goods, wherever occurring in the said notification, the corresponding references of the Chapter, heading, sub-heading or tariff item of the First Schedule or the Second Schedule to the said Central Excise Tariff Act, as amended by the Central Excise Tariff (Amendment) Act, 2004 ( 5 of 2005) shall be substituted.
This notification shall come into force on the 28th day of February, 2005.
Amendment to all Central Excise notifications issued under sub-section (1) of section 5A of Central Excise Act, 1944, read with Sec. 136 of the Finance Act, 2001 and Section 169 of Finance Act, 2003, after introduction of 8 digit code.
[Notification No. 2/2005-Central Excise, dt. 24.2.2005]
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 136 of the Finance Act, 2001 (14 of 2001) and section 169 of the Finance Act, 2003 (32 of 2003), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby makes the following or further amendments in all the notifications of the Government of India in the Ministry of Finance (Department of Revenue) issued under any of the said sections and which are for the time being in force on the date of commencement of the Central Excise Tariff (Amendment) Act, 2004 (5 of 2005), namely:
In each of the said notifications, for the references to the Chapter or heading No. or subheading No. of the First Schedule or the Second Schedule to the Central Excise Tariff Act, 1985 (5 of 1986), as the case may be, relating to any goods or class of goods, wherever occurring in the said notification, the corresponding references of the Chapter, heading, sub-heading or tariff item of the First Schedule or the Second Schedule to the said Central Excise Tariff Act, as amended by the Central Excise Tariff (Amendment) Act, 2004 (5 of 2005) shall be substituted.
This notification shall come into force on the 28th day of February, 2005.
Amendment to all Central Excise notifications issued under sub-section (1) & (2) of Section 4A after introduction of 8 digit code:
[Notification No.5/2005-Central Excise (N.T.), dt. 24.2.2005]
In exercise of the powers conferred by sub-section (1) and sub-section (2) of section 4A of the Central Excise Act, 1944 (1 of 1944), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby makes the following or further amendments in all the notifications of the Government of India in the Ministry of Finance (Department of Revenue) issued under the said section and which are for the time being in force on the date of commencement of the Central Excise Tariff (Amendment) Act, 2004 (5of 2005), namely:
In the said notifications, for the references to the Chapter or heading No. or sub-heading No. of the First Schedule to the Central Excise Tariff Act, 1985 (5 of 1986), relating to any goods or class of goods, wherever occurring in the said notification, the corresponding references of the Chapter, heading, sub-heading or tariff item of the First Schedule to the said Central Excise Tariff Act, as amended by the Central Excise Tariff (Amendment) Act, 2004 (5 of 2005) shall be substituted.
This notification shall come into force on the 28th day of February, 2005.