Rulings of Central Excise

 

Sr. No.

Name of the Applicant

Status of the Applicant

Question(s) on
which Advance
Ruling was sought

Ruling  No. and date

Ruling Passed by

Remarks

1

2

3

4

5

6

7

1

M/s Zodiac Clothing Co. Ltd. Mumbai-400018

A resident Indian Co. setting up a joint venture with a foreign Co.

Whether the joint Venture Co.
would be manufacturer of goods
and liable to pay C.Excise duty
for  the goods manufactured by Metropolitan Trading Co. on job work basis for Jt. Venture ,

Ruling No.
A.A.R. No. 1 of 2003

 

Sh. R. K. Chakrabarti, Member

Dr. K.N. Chaturvedi, Member

 

2.

M/s Technical Concepts International Ltd.
The Nuetralle Centre, Pin Green Business Park, Eastman Way, Stevenage SG 14UH England 

 

A non-resident  Company  

 

 

Whether the products (room deodorizers and room freshener) merit classification under Chapter 33 of the Central Excise Tariff Act, 1985

Ruling   No.AAR/ 10 (CE)./2005
dt. 06.10.2005

Hon’ble Mr. Justice
S.S.M. Quadri, Chairman

Mr. Somnath Pal, Member

Dr. B.A. Agrawal,  Member

 

3.

M/s Technical Concepts International Limited

The Nuetralle Centre
Pin Green Business Park     Eastman Way,
Stevenage SG1 4UH England

A non- resident

Whether the products “Auto Janitor” and “Auto Sanitizer” merit classification :

(i)       Under Chapter 34 of the Central Excise Tariff Act, 1985 and liable to Central Excise duty; or 

(ii)        Under Chapter 38 of the Central Excise Tariff Act, 1985 and liable to Central Excise duty.”

Ruling No.AAR/29(CE)/2006
dt. 07.09.2006

 

Hon’ble Mr. Justice
 S.S.M. Quadri, Chairman

Mr. Somnath Pal, Member
 

Dr. B.A. Agrawal,  Member

 

 

4

M/s Bell Packaging (India) Pvt. Ltd.

3, Raj Niketan,

Opp. Sahyadri State Guest House

B.G. Kher Marg,

Mumbai – 400 006                                                     

 

A resident private limited company

 

(i)   Is the applicant entitled for concession under provision C.E. Notification No. 8/2003 dated 01.03.2003 despite of the fact that proposed equity of a Foreign Corporate Body is 96.875% (greater than 25%) and cannot be considered as a Small Scale Industries Unit in view of Paragraph 2.5 page 9 of the Booklet of Foreign Direct Investment issued by Ministry of Commence and Industry?

 

(ii)       Since the machinery is imported can we start claiming the Credit of the Counter Vailing Duty and Special Additional Duty the moment we pay excise duty at the factory gate on our production?  Can we accumulate credit of the CVD & SAD paid on the machinery till we complete clearances of Rs. 100 lakhs?

 

Ruling No.

AAR/30(CE)/2006

dt.17.10.2006

 

Hon’ble

Mr. Justice

 S.S.M. Quadri, Chairman

 

Dr. B.A. Agrawal,  Member

 

5.

M/s Surbhi Industries

A-4, Nebula Apartments, Nr Grand Bhagwati Hotel Bodakdev Ahmedabad-380015

 

A partnership firm formed due to a joint venture  between a resident & non-resident

1.          Whether the Proposed Product i.e. Indian Mouth Freshener to be manufactured will be classified as “Pan Masala” under CETSH 2106.9020"

 

2.          In case the answer of the first question is in affirmative then whether all the duties discharged under Rule 8 of the Central Excise Rules, 2002 such as Basic Excise Duty [BED], Special Excise Duty [SED], National Calamity Contingent Duty [NCCD], Additional Duty of Excise on Pan Masala [AED (Pan Masala)] and Education Cess on the aggregate of duties discharged through Account Current [PLA] after Mandatory utilization of available CENVAT Credit under the CENVAT Credit Rules, 2002 at the end of the month, are eligible for exemption and refund as envisaged in Notification 56/2002-CE dated 14.11.02 as amended 

Ruling No.

AAR/31(CE)/2006

dt.05.12.2006

 

Hon’ble

Mr. Justice

 S.S.M. Quadri, Chairman

 

Dr. B.A. Agrawal,  Member

 

6.

M/s Lhoist India Private Limited

DBS House, Prescott Road,

Fort  

Mumbai-40000

A wholly owned subsidiary Indian company, of which the holding company is a foreign company.

For the purposes of Central Excise laws of India read with the Central Excise Tariff Act, 1985, what should be the classification with respect to the finished product (i.e. high purity burnt Lime) proposed to be manufactured by the Applicant under the process enumerated in the facts contained in Annexure I.”

Ruling No. AAR/02(CE)/2007

Dt.30.08.2007

 

Hon’ble Mr. Justice P. V. Reddi, Chairman; Mr. A Sinha and Mrs. Chitra Saha, Members

 

7

M/s Royal Energy Limited New Era House, Mogul,       Matunga (West) Mumbai-400 016

A company incorporated in India which is  setting up a joint venture with a non-resident company, namely M/s Emerging Asia Clean Energy Fund, Netherlands

What is the duty payable on a product which is a blend of 60% by weight of bio-diesel and 40% by weight of petro-diesel ?  As this blend falls under CETH 2920 9058, it should attract the duty applicable on bio-diesel.

Ruling No. AAR/07/CE/2008

Dt.11.12.2008

Hon’ble
Mr. Justice
P. V. Reddi, Chairman;
Mr. A Sinha and
Mrs. Chitra Saha, Members
 

 

8

M/s CS India Steel Private Limited

Hangarakatta, Balekudru village P.O., 

Balekudru, Udupi taluk,

Udupi – 576218,

Karnataka

A wholly owned subsidiary Indian company of the foreign company, Central Industry Group NV, Netherlands.

Whether the steel plates proposed to be manufactured by the applicant is classifiable under chapter sub heading 8906 90 00 or under chapter sub-heading 7326 90 80 of the Central Excise Tariff.

Ruling No. AAR/01/CE/2009

Dt.13.02.2009

Hon’ble
Mr. Justice
P. V. Reddi, Chairman;
Mr. A Sinha and
Mrs. Chitra Saha, Members

 

9

M/s Guthy Renker Marketing Pvt. Ltd
Level 5, Incube Business Center, 18, Nehru Place,

New Delhi- 110 019.

A wholly owned subsidiary Indian company of which the holding company [M/s. Guthy Renker India (Mauritius), Port Louis, Mauritius ] is a foreign company.

Question 1. Whether the activities of labelling(including declaration of MRP) of individual containers namely Proactiv Solution Revitalizing Toner, Proactiv Solution Renewing Cleanser, Proactiv Solution Repairing Lotion and Proactiv Solution Refining Mask at applicant’s factory amounts to manufacture under the excise law?

 

Question 2. What is the classification of the four individual products namely Proactiv Solution Revitalizing Toner, Proactiv Solution Renewing Cleanser, Proactiv Solution Repairing Lotion and Proactiv Solution Refining Mask?

 

Question 3. Whether the activities of labelling of the individual products, putting of the product literature into the kits, packing of the individual products into Proactiv Solution Kit-I and Proactiv Solution Kit-II, labelling including declaration of MRP on the kits at applicant’s factory amounts to manufacture under the excise law?

 

Question 4. What is the classification of the Proactiv Solution Kit-I and Proactiv Solution Kit –II ?

 

Question. 5. Whether the four individual products namely Proactiv Solution Revitalizing Toner, Proactiv Solution Renewing Cleanser, Proactiv Solution Repairing Lotion and Proactiv Solution Refining Mask as well as the Proactiv Solution Kit-I and Kit-II containing four/three individual products to be cleared from the applicant’s factory will be assessed to excise duty under Section 4 or Section 4 A of the Excise Act?

 

Question 6. In case the activities mentioned at (a) and (c) above amount to manufacture, whether the applicant can take credit of CVD & SAD paid on the imported inputs and capital goods, excise duty paid on the indigenous inputs & capital goods and service tax paid on input services under Rule 3 of the Credit Rules? Whether the credit can be utilized for the payment of excise duty on the final products (kits or individual products)?

Ruling No. AAR/C.Ex/04/ 2009

Dated 18.09.2009

Hon’ble

Mr. Justice

P. V. Reddi, Chairman and Mr. J.K. Batra Member

10.

M/s Lapp India Pvt. Ltd. 98, J&K , Jigani Industrial Area,Phase-II, Bangalore South - 560105

A wholly owned subsidiary of a foreign company - M/s Lapp Holding Asia PTE Ltd., Singapore

"Whether the activity of cutting specified varieties of cables received by the applicant into prescribed lengths, testing thereof and packaging amounts to manufacture in terms of clause (f) of section 2 of the Central Excise Act, 1944 read with note 6 of Section XVI of the First Schedule to the Central Excise Tariff Act, 1985?"

Ruling No. AAR/CE/05/2009 Dt.19.11.2009

 

Hon’ble Mr. Justice P.V. Reddi ,Chairman

Mr. J.K. Batra , Member

Mr. J. Khosla , Member

 

11

 M/s Enercon (India) Limited,

  Mumbai-400053

A joint venture company in collaboration with Enercon GmbH of Germany

whether the goods sought to be manufactured and / or procured / sourced from another manufacturer and / or supporting manufacturer i.e. specially designed Transformer for Wind operated Electricity Generator E-53 / E-48 (800KW) will be eligible for exemption from the whole of the Central Excise duty under serial No. 84, list 5, item no.13 of the Central Excise notification  No. 06/2006 CE dated 01.03.2006?

Ruling No.

AAR/CE/01/2011

issued on 18.03.2011

Hon’ble

Mr. Justice P.K.Balasubramanyan,    (Chairperson)

 

Mr. J.K.Batra,

(Member)

 

Mr. J.Khosla,                                     (Member)

 

12.

M/s Delta Power Solution India

Private Limited,

Plot No. 28,

Sector-34, EHTP,

Gurgaon,

Haryana -122001

 

                                               

 

Wholly owned Indian subsidiary company of a foreign company M/s DET International Holding Limited, Cayman Island and DET Video Technology Ltd., Tortola, British Virgin Islads.

1. Whether the activity of making & supply of battery banks comprising of imported battery cells and domestically purchased some components like cabinets, connectors, stand and  cable etc. amounting to trading or manufacturing ?

2. Excise classification of battery bank assembled in a rack with connectors and whether a manufacturer excise invoice can be raised for its clearance?

Ruling No.

AAR/07/CE/2011

issued on 30.09.2011

Hon’ble

Mr. Justice P.K.Balasubramanyan,    (Chairperson)

 

Mr. Y.G.Parande,

(Member)

 

 

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13.

M/s Danone Food & Beverages India Private Limited,

Gurgaon – 122002

                                   

 

Wholly owned Indian subsidiary company of a foreign company  M/s Danone Asia PTE Limited, Singapore

(i) What is the classification of the fermented milk product, namely 'Yum Creamy' and non-fermented milk based beverage namely 'Yum Chusky', proposed to be manufactured by the Applicants?

 

(ii) Whether the exemption under Notification No. 1/2011-CE dated 01.03.2011,provided in respect of 'flavoured milk of animal origin' falling under Tariff Item 2202 90 30 of the Central Excise Tariff Act, 1985, shall be available to the Applicants in relation to the non-fermented milk based beverage namely, 'Yum Chusky'?

Ruling No.

AAR/44/CE/02/2012 issued on 23.03.2012

Hon’ble

Mr. Justice P.K.Balasubramanyan,    (Chairperson)

 

Mr. Y.G.Parande,

(Member)

 

 

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