GSIA BI-MONTHLY NEWS BULLETIN · - Tool Room & Training Center ... Synopsis of the Meeting with Secretary ... 07.09.2007- Meeting with BSNL General Manager attended by Mr

GOA STATE INDUSTRIES ASSOCIATION(An Apex Association for Micro, Small, Medium Enterprises in Goa)

ISO 9001:2000 CertifiedTH4 FLOOR, GOA-IDC HOUSE, PATTO PLAZA, PANAJI, GOA 403 001.

Office Timings: 9.30 a.m. 6.00 p.m. (Mon.-Fri.) & 9.30 a.m. 1.30 p.m. (Sat.)Ph.: 2438395 Fax: 2438210 E-mail : [email protected] Website: www.gsia.in

GSIA Executive Committee Members for 2006-2008

1. Mr. Atul D. Pai Kane - President2. Mr. Atul P. Naik - Hon. Secretary3. Mr. Parag Joshi - Vice President4. Mr. Shekhar Sardesai - Vice President 5. Dr. Sangam Kurade - Vice President6. Mr. Rajesh Khaunte - Hon. Treasurer7. Mr. Vishwanath Kochkar - Jt. Secretary8. Mr. Keshav K. Kamat - Imm. Past President9. Mr. Sudin B. Naik - Member10. Mr. Sanat Raiturcar - Member11. Mr. Sandeep Sardesai - Member 12. Mr. Naresh Pai - Member 13. Mr. Anil Kher - Member 14. Mr. Sameer Keny - Member 15. Mr. Raj Kumar Kamat - Member 16. Mr. Rajiv Nevgi - Member 17. Dr. Vinayak K. Naik - Member 18. Mr. Ashok Bajaj - Member 19. Mr. Lalit Saraswat - Member 20. Mr. Ashish P. Verlekar - Co-opted Member

GSIA Co-ordination Committee for 2006 - 2008.

S.No. Sectors Represented by

1. Administration/ Programmes/ PublicityChairperson Mr. Rajesh Khaunte

2. Engineering SectorChairperson Mr. Shekhar SardessaiMember Mr. Atul P. Naik

3. Entrepreneurship Development & Education Chairperson Mr. Anil KherMember Mr. Blaise CostabirMember Mr. Vijay Hede

4. Biotech Business Development Chairperson Dr. Vinayak NaikMember Dr. Sangam Kurade

5. Pharma/ Chemical Business Development Chairperson Mr. Naresh PaiMember Mr. Sanat RaiturcarMember Mr. Shakil Manerker

6. Environment Protection Sector Chairperson Mr. Keshav K. KamatMember Mr. Dattakumar KamatMember Mr. Sudesh M. Rane

7. Bulletin + Food Processing & Emerging Sectors + ISO SystemsChairperson Dr. Sangam Kurade

8. IT and WebsiteChairperson Mr. Lalit SaraswatMember Mr. Ashok Bajaj

9. Micro Enterprises Development CellChairperson Mr. Rajkumar Kamat

GSIA BulletinGSIA Bulletin Sept. - Oct. 2007Sept. - Oct. 2007

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GSIA BI-MONTHLY NEWS BULLETIN

S.No. Represented by Committee

1. Mr. Atul D. Pai Kane - President - Small Scale Industries (SSI) Board.- Small Industries Development Bank (SIDBI)- Goa Industrial Development Corporation (Goa IDC) Board.- Commercial Tax Advisory Committee- Goa State Directorate of Craftsmen Training.

2. Mr. Parag Joshi - Vice President - State Level Co-Ordination Committee for Grant of Subsidy

3. Mr. Shekhar Sardesai - Vice President - Co-ordinator for: Confederation of Indian Industry (CII) - Goa Management Association (GMA) - Goa Chamber of Commerce & Industry (GCCI)

4. Dr. Sangam Kurade - Vice President - Chairman of Institute Management Committee (ITI) Canacona.

5. Mr. Atul P.Naik - Hon.Secretary - Regional Advisory Committee (RAC) Customs & Central Excise- Tool Room & Training Center - Institute Management Committee (ITI) Honda.

6. Mr. Vishwanath Kochkar - Jt. Secretary - Regional Board (ESIC) Employees State Insurance Corporation. - Provident Fund (PF)- Standardization & Quality System

7. Mr. Keshav K. Kamat - Past President - Goa Handicrafts Rural Small Scale Industries Development Corporation (GHRSSIDC)- Goa State Pollution Control Board- Department of Science, Technology & Environment (DST)

8. Mr. Sudin B.Naik -Exe. Member - Power Advisory Committee or any other Power Dept. matter.

9. Mr. Sanat Raiturcar - Exe. Member - National Small Industries Corporation (NSIC), - Small Industries Service Institute (SISI).

10. Mr. Naresh Pai - Exe. Member - State Level of Inter-Institutional Committee (SLIIC).

11. Mr. Sandeep Sardessai - Exe. Member - Institute Management Committee (ITI) Cacora..

12. Mr. Anil Kher - Exe. Member - Institute Management Committee (ITI) Panaji.

13. Mr. Raj Kumar Kamat - Exe. Member - Rate Contract Committee (GHRSSIDC)- Prime Minister Rozgar Yojana (PMRY)- State Level Steering Committee IMC (ITI) Panaji.

14. Mr. Sameer Keny - Exe. Member - Co-ordinator- Industrial Estates (IDC)- Controller of Legal Metrology (Weights & Measures)- Department of Civil Supplies.

15. Mr. Rajiv Nevgi - Exe. Member - FASII, FICCI

16. Mr. Shakil Manerkar - Member - Chairman of Institute Management Committee (ITI) Vasco.

17. Mr. Atul Jadhav - Member - Minimum Wages Board.

18. Mr. R.N. Dalvi - Member - Directorate of Foreign Trade

19. Mr. Ramnath Moye - Member - Goa Labour Welfare Board - Smart Card Committee.

GSIA BulletinGSIA Bulletin

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GSIA EXECUTIVE COMMITTEE MEMBERS REPRESENTATION ON GOVT./ GOVT. UNDERTAKINGS ETC. FOR THE TENURE 2006 - 2008

The views expressed in this Bulletin are not necessarily those of the Association. All information is provided with the usual waiver of responsibility as neither the GSIA nor its members, employees or service providers can accept liability for loss and damage resulting from omissions and inaccuracy relating to articles, information, data, telephone numbers, addresses, wording, spacing or positioning of any listings, representations and other material regardless of the cause.

Sept. - Oct. 2007Sept. - Oct. 2007


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From President’s DeskFrom President’s Desk



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1. “Interactive Session” with Commissioner of

Customs, Central Excise & Service Tax organized at

GIDC-Verna Industrial Estate on 16th Oct. 07.

Goa State Industries Association(GSIA) jointly with Verna

Industrial Estate Association organized an“Interactive

Session” with the Commissioner of Customs, Central Excise

and Service Tax, Mr. Chandrahas Mathur at Verna Industrial thEstate, Goa-IDC Hall on 16 October, 2007.

GSIA President Mr. Atul D. Pai Kane welcomed the delegates and

extended support to the recent activities undertaken by the Office

of the Commissioner of Customs, Central Excise and Service Tax.

Later, the Commissioner addressed the delegates on revenue

matters and gave a patient hearing to the suggestions and

difficulties faced by the SME units regarding Central Excise,

Customs and Service Tax matters. The Open House Interactive

Session received a very enthusiastic response with representatives

of around 80-90 SME units participating.

GSIA Hon. Secretary, Mr. Atul P. Naik, Jt. Secretary, Mr. Vishwanath Kochkar alongwith Past Presidents of the Association

Mr. Sudin Naik, Mr. Keshav Kamat and senior officials from concerned Government departments were also present.

The session ended with a vote of thanks by Mr. Blaise Costabir, President of Verna Industrial Estate Association, thanking

the Commissioner, Mr. Chandrahas Mathur for accepting GSIAs request and convening the “Interactive Session” for the

benefit of the Industry.

2. Synopsis of the Meeting with Secretary (Industries) held on 17 Oct. '07 on

“INFRASTRUCTURAL ISSUES IN INDUSTRIAL ESTATES”

Meeting was convened by Secretary (Industries) to consider GSIA's proposal put forward to the Director of Industries,

Trade & Commerce, Ms. Garima Gupta on her visit to the GSIA Office. Considering the long pending problems being

faced by the units in the various industrial estates as a priority, Ms. Garima Gupta arranged the meeting with Secretary

(Industries) in his chamber along with other trade Associations and concerned Government Departments.

The meeting was attended by GSIA President, Hon. Secretary and Vice-President along with Vice

President GCCI, the Managing Director, GIDC and representatives of PWD and Electricity Department.

GSIA forwarded a consolidated table showing grievances faced by the units as per communication received by the

Presidents of the various Industrial Estates. These highlighted the common problems faced by all the Industrial Estates

which included erratic power supply, frequent power shutdowns without prior intimation, shortage of water supply, poor

road conditions, security problems arising because of no proper compound wall and slums being developed adjacent to

Industrial Estates. The other issues put forward were Broadband connectivity in all industrial estates, proper signages to

be put up for visitors & goods carriers, cattle menace to be dealt with, garbage disposal, erection of high masts at

Canacona and Cuncolim, police outpost to be made available, hot-mixing of roads at the entrance and within the

industrial estates to done up, security guards to be employed at every industrial estate, illegal kiosks at Kundaim and

vandalism to be dealt with in Sancoale Industrial Estate.

ASSOCIATION ACTIVITIES



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After giving a patient hearing to all the grievances, the Secretary (Industries) decided to visit the

Industrial Estates and volunteered to arrange meetings with the Industrial Estate Associations for Pilerne, Tivim, Mapusa,

Colvale, Honda, Bicholim and Pissurlem Industrial Estates respectively either at the end of the month or at the beginning

of the following month.

The Secretary (Industries) will be accompanied with representatives from the Directorate of Industries,

GIDC, Electricity Department and PWD.

Subsequently, the other visits are scheduled after which a review meeting will be called where the major problems would

be taken up on priority. Instructions were also given to GIDC which included the road repairs, improvement in water

supply, construction of compound walls etc.

The meeting ended with vote of thanks to the Secretary (Industries) for taking initiative to meet the

representatives of Trade and Industry to solve the problems being faced by the Industrial Estates in Goa.

3. Meet of Select Tier-II partners of UNCTAD Project on 1st Sept.'07 at New Delhi.stSeminar on “Managing Foreign Exchange Risk”; Solution for SMEs was organized on 01 Sept.'07 at

New Delhi.

FISME alongwith Fullerton Enterprises Pvt. Ltd. and Centurion Bank of Punjab (CBoP) organized the same and was

GSIA Vice-President, Dr. Sangam Kurade.

Mr. Anil Bhardwaj, Secretary General FISME welcomed the delegates. Mr. V.K. Agarwal Sr. Vice- President gave his

address. Also who spoke included Mr. Abhijeet Das of UNCTAD, Mr. G.I. Sunderajan of Fullerton and Mr. Shailendra

Bhandari M.D. Centurion Bank of Punjab.

The seminar concluded with a talk on “Managing Foreign Exchange Risks”. Policy paper on the main topic was released

as well as an MoU was signed between FISME and CBoP. Many delegates and representatives of various State

Industry Associations represented.

The evening concluded with a Consensus for the benefit of State Associations wherein :

– FISME shall prepare a manual for orientation alongwith Fullerton.

– Capacity gap analysis for benefit of State Associations (revenue model) will be done; and

– Select 3+1 States for pilot financing project. Karnataka, Kerala, a North Indian State and Goa has been

predetermined as logical choices.


Dr. Sangam Kurade briefing the delegates about GSIA.

Release of the Policy Paper. Members of FISME, CBoP, UNCTAD, officials and representations of all

State Industrial bodies are seen.

Commercial Taxes AdvisorAdv. Y.S. Pai Bir

Former Commissioner of Commercial Taxesis available for consultation at GSIA office on Mondays & Thursdays.


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01.09.2007- Meet of Select Tier-II partners of UNCTAD Project - Seminar on “Managing Foreign Exchange

Risk”; Solution for SMEs was organized at New Delhi attended by Dr. Sangam Kurade.

07.09.2007- Meeting with BSNL General Manager attended by Mr. Sameer Keny.

14.09.2007- GHRSSIDC Rate Contract Committee Meeting attended by Mr. Rajkumar Kamat.th04.10.2007- 297 Goa IDC Board Meeting attended by Mr. Atul D. Pai Kane.

09.10.2007- Meeting of the State Labour Advisory Board attended by Mr. Atul D. Pai Kane.

11.10.2007- Public Grievance Committee Meeting attended by Mr. Atul P. Naik.

16.10.2007- 'Interactive Session' with the Commissioner of Customs, Central Excise & Service Tax held at

Verna -IDC Hall. GSIA President alongwith Executive Committee Members attended.

17.10.2007- Integrated Education Advisory Council Meeting attended by Mr. Sudin Naik.

17.10.2007- Meeting convened by the Secretary (Industries) to discuss 'Infrastructural Issues in various

Industrial Estates' attended by Mr. Atul D. Pai Kane, Dr. Sangam Kurade, Mr. Atul P. Naik.

DIRECTORY OF MEETINGS FOR THE MONTHS

OF SEPTEMBER - OCTOBER 2007.

th1. A letter dated 05 September, 2007 was addressed by Mr. Atul D. Pai Kane to the Secretary General-Federation of Indian

Micro and Small & Medium Enterprises(FISME) congratulating them for releasing the Policy papers on “Impact of

Exchange Rate Fluctuations: Options for SMEs: at the Meet of Select Tier-II partners of UNCTAD.th2. A letter dated 08 September, 2007 was addressed by Dr. Sangam Kurade to the Asstt. Vice-President and Senior Vice-

President of Fullerton Enterprises Pvt. Ltd. extending GSIAs support to Fullerton Enterprises in the interest of MSMEs in

India.th3. A letter dated 08 September, 2007 was addressed by Mr. Atul D. Pai Kane to the Managing Director & CEO of Centurion

0Bank of Punjab Ltd. (CBoP) extending GSIAs support to the 360 project taken up by CBoP and Fullerton Enterprises

Pvt. Ltd. in the interest of MSMEs in India.th4. A letter dated 12 September, 2007 was addressed by Mr. G.P. Chimulkar to the Managing Director-GHRSSIDC

requesting to incorporate item under the Preferential Purchase (Rate Contract) Scheme which are being manufactured

by our local SME unit th5. A letter dated 26 September, 2007 was addressed by Mr. Atul D. Pai Kane to the Commissioner of

Customs, Central Excise & Service Tax requesting not to shift the office from Vasco City to Harbour as it will cause

hardships to the assessees. th6. A letter dated 27 September, 2007 was addressed by Mr. Atul D. Pai Kane to the President of the

Kundaim Industrial Estate Association informing that ESIC has initiated action on GSIAs proposal for opening of ESI

dispensary at Kundaim/ appointing a Doctor at Kundaim Industrial Estate.th7. A letter dated 27 September, 2007 was addressed by Mr. Atul D. Pai Kane to the Hon'ble Finance

Minister of Goa apprising him of the difficulties faced by the Micro, Small and Medium Enterprises/

Industries in Goa consequent upon, introduction of VAT in the State.th8. A letter dated 28 September, 2007 was addressed by Mr. Atul D. Pai Kane to the Commissioner of

Commercial Taxes submitting the the “List of Industrial Inputs and Packaging Materials” to be

incorporated at entry 53 of the schedule 'B' of the Goa VAT Act as also "List of Goods/ items

manufactured out of raw material totally exempted from Tax for inclusion in Schedule 'B' for output tax at the rate of 4%"

and to issue notification accordingly.rd9. A letter dated 03 October, 2007 was addressed by Mr. Atul D. Pai Kane to the newly appointed

IMPORTANT CORRESPONDENCE



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Director of Industries, Trade & Commerce, Ms. Garima Gupta inviting her to interact with the GSIA

Executive Committee Members and the Presidents of Industrial Estate Associations on various Industry

related issues in the State of Goa.rd10. A letter dated 03 October, 2007 was addressed by Mr. Atul D. Pai Kane to the Director (Ancillary), Office of the

Development Commissioner, Ministry of MSME, New Delhi forwarding the progress being undertaken by the Sub-

Contract Exchange in GSIA.th11. A letter dated 05 October, 2007 was addressed by Mr. Atul D. Pai Kane to the Managing Director- GIDC mentioning the

hardships being faced by the units in Cuncolim Industrial Estate and requesting to install 3 High Masts as soon as possible.th12. A letter dated 05 October, 2007 was addressed by Mr. Rajkumar Kamat to the Senior Sub-Editor of

Gomantak Times thanking them for the support rendered to GSIA for publishing /projecting the Industry related issues.th13. A letter dated 10 October, 2007 was addressed by Mr. Atul D. Pai Kane to Ms. Garima Gupta, Director-DITC apprising

that under the Goa Industrial Policy, Government keeps a time frame and disburses the dues to the eligible units or else

the schemes will have no meaning and will be redundant in a short time.th14. A letter dated 18 October, 2007 was addressed by Mr. Atul D. Pai Kane to the Commissioner of

Customs, Central Excise & Service tax thanking him for convening an 'Interactive Session' at the request of GSIA for the

benefit of the Industry.th15. A letter dated 18 October, 2007 was addressed by Mr. Atul D. Pai Kane to Ms. Garima Gupta, Director-DITC thanking

her for considering GSIAs request in “Infrastructural issues in various Industrial Estates” on priority and initiating a

meeting with the Secretary (Industries) alongwith other trade Associations and concerned Govt. Depts. to solve the

problems being faced by the various Industrial Estates in the State.th16. A letter dated 26 October, 2007 was addressed by Mr. Atul D. Pai Kane to the Managing Director- GIDC suggesting that

documentation process of GIDC for allotting plots/ sheds for transfer of Lease Hold Rights be simplified to make it investor

friendly.


GSIA WELCOMES NEW MEMBERS

Arch. Ameet SukhthankarM/s M.S. Suctancar Architecture & Interiors

nd2 Floor, 'Lawande Manor'St. Inez, Panaji-Goa.

Mr. Benigno L. AfonsoM/S Aruna Engineering WorksPlot No.228, Kundaim Industrial Estate.Kundaim - Goa.

Mr. Jagannivas KamatM/s DuracoatsPlot No.85, Kundaim Industrial Estate,Kundaim - Goa.

Mr. B.D. ShuklaM/s Putzmeister India Pvt. Ltd.115, Kamat Towers,Patto Plaza, Panaji - Goa.

Mr. Ramnath P. MoyeM/s Precision Genset Components Pvt. LtdPlot No.30B/A, Tuem Industrial EstateTuem, Pernem - Goa.

Mr. Hemant D. Bhandari /Mr. Manoj KhandeparkarM/s Genset System Controls Pvt. Ltd.Plot No.30B/B, Tuem Industrial EstateTuem, Pernem - Goa.

M/s Good Luck IndustriesPlot No.D3/11, Kakoda Industrial EstateKakoda - Goa.

Midway Trading Co.G-25-27, Jairam Complex,Neugi Nagar, Rua de OuremPanaji - Goa.


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1. Office of the Commissioner of Customs and Central ExciseTrade Notice No.10/2007 Customs and Trade Notice no.9/2007- Central ExciseSub: Right to Information Act, 2005 reg.The Public Notice No.23/2006-Customs / Trade Notice No. 15/2006-C.EX. dated 06.09.2006, Amendment dated 15.03.2007 and Corrigendum to the said Public Notice and Trade Notice dated 23.05.2007, issued in compliance to the provisions of Section 5(1) and (2) of the Right to Information Act, 2005, stands modified with immediate effect. The revised list of the officers designated as CPIO, CAPIOs and the Appellate Authority for this Commissionerate is notified as under:

I. Central Public Information Officer (CPIO) for the jurisdiction of Commissionerate of Customs & Central Excise, Goa and Commissioner (Appeals), Goa is:Shri C. MathurCommissioner of Customs & Central Excise Goa CPIOICE House, EDC Complex, Entire State of Goa.Patto Plaza, Panaji-Goa. Tel. No. 0832- 2437057 / 2500615Fax No. 2437118

II. Central Assistant Public Information Officers (CAPIOs) for Goa Commissionerate are:-

IMPORTANT NOTIFICATIONS AND CIRCULARS

Name and address Jurisdiction Talukas of Goa

1. Shri S.S.R. LoboDy. Commissioner,ICE Building, EDC Complex, Patto, Panaji-Goa.Tel.No.0832-2437207

2. Shri Virendra KumarDy. CommissionerCustom House, Marmagoa, Goa.Tel.No.: 0832-2509048Fax No.: 25020176email: [email protected]

3. Shri A.V.S.N. DiasAsstt. Commissioner,Central Excise, Division-I,ICE Building, EDC Complex, Patto, Panaji-Goa.Tel.No.:0832-2437359 Fax No.:2437360email: [email protected]

CAPIO - Hqrs., and for matters relating to Central Excise Technical, Review and Legal, Prosecution, Adjudication, Statistics, Official Language, Central Excise Systems, Records Section, Customs Technical Hqrs., Customs Disposal, Recovery Cell, Reward Cell, Central Excise Audit, Service Tax Audit, Anti-Narcotics, B.R.U., 100 EOU, C.I.U., PRO/ Protocol, Custodian and MTO at Hqrs.

CAPIO for Customs Apprais ing C o m p u t e r S y s t e m s a n d Administration.

CAPIO for Central Excise, Division I

1. Pernem 2. Bicholim3. Bardez 4. Satari5. Tiswadi 6. Ponda7. Mormugao 8. Salcete9. Quepem 10. Sanguem11. Canacona

All 11 Talukas of the State of Goa as above.

1. Satari 2. Bicholim3. Pernem 4. Bardez5. Tiswadi 6. Village Panchayat areas of Bhoma Adcolna, Tiverem Orgao, Khandola Cuncolim and Kundaim Industrial Estate & Village Panchayat areas of Usgao and Ganjem of Ponda Taluka. 7. Village Panchayat areas of Aglote,



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Name and address Jurisdiction Talukas of Goa

4. Shri Damien D'Costa FernandesAsstt. Commissioner,Central Excise, Division-II,

rd3 Floor, Midas Touch Building,Bishop Rebello Road, Opposite District and Session Court, Old Market, Margao-Goa.Tel.No.:0832-2730250/ 2730251Fax No.:2730250email: [email protected]

5. Shri John Bosco D'SouzaAsstt. CommissionerICE House, EDC Complex,Patto Plaza, Panaji-Goa.Tel.No.: 0832--2437331

6. Shri L.J. AguiarAsstt. Commissioner Custom House, Marmagoa, Goa.Tel.No.:0832-2509048Fax No.: 2520176,email:[email protected]

7. Shri A.S. PatilSuperintendent, Central Excise,Appeals Unit,ICE Building, Patto Plaza, EDC Complex, Panaji-Goa.Tel.No.:0832-2437660Fax No.: 2437785email:[email protected]

CAPIO for Central Excise Division-II Margao.

CAPIO for matters relating to Service Tax, Personnel & Vigilance, Central Excise Anti-Evasion, Anti-Smuggling and Minor Ports.

CAPIO for matters relating to Customs Preventive, R&I, Airport, U.B.C., Audit, Legal, Review, E.O.U.'s manned by Customs, Marine and Preventive, Adjudication, Custodian & M.T.O., Records Section, Floating, Container Baggage Cell, Docks/WISL, P.P. Cell, Bonds Postings, CESTAT, COFEPOSA, I.U.

CAPIO for matters relating to Central Excise & Service Tax Appeals in the State of Goa.

Sural, Sancordem, Piliem Darbandora, Mollem, Sangod, Sigao, Collem, Caranzol, Sonavali, Calan, Caronem, Codli, Comarconda, Moissal, Rumberem, Bandoli, Santana, Antoriem & Sanvordem of Sanguem Taluka.

1. Salcete 2. Mormugao3. Quepem 4. Canacona5. Ponda Taluka except Village Panchayat areas covered under Div.I.6. Sanguem Taluka except Village Panchayat areas covered under Div. I.

All 11 Talukas of the State of Goa as at (1) above.





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III. Appellate authority for Commissionerate of Customs & Central Excise, Goa.Shri Rakesh SharmaChief Commissioner of Customs & Central Excise,41-A, ICE House,Sassoon Road,PUNE-411 001.Tel.No. 020-26051800Fax No. 020-26051802email:[email protected]/-C. MathurCommissioner

2. Sub: CENVAT Credit (Ninth Amendment) Rules, 2007Notification No. 35/2007-Central Excise (N.T.)New Delhi, 14th September, 2007G.S.R (E). In exercise of the powers conferred by section 37 of the Central Excise Act, 1944 (1 of 1944) and section 94 of the Finance Act, 1994 (32 of 1994), the Central Government hereby makes the following rules further to amend the CENVAT Credit Rules, 2004, namely:-1. (1) These rules may be called the CENVAT Credit (Ninth Amendment) Rules, 2007. 2. They shall come into force on the date of their publication in the Official Gazette.3. In the CENVAT Credit Rules, 2004, in rule 9, after sub-rule (1), the following proviso shall be inserted namely:-

"Provided that the credit of additional duty of customs levied under sub-section (5) of section 3 of the Customs Tariff Act, 1975 (51 of 1975) shall not be allowed if the invoice or the supplementary invoice, as the case may be bears an indication to the effect that no credit of the said additional duty shall be admissable:

F.No.354/129/2007-TRU(S.Bajaj)Under Secretary to the Government of India Note: The principal rules were published in the Gazette of India, Extraordinary vide notification

thNo.23/2004 Central Excise (NT) dated the 10th September, 2004, G.S.R 600 (E), dated the 10 September 2004, and were last amended vide notification No.33/2007 - Central Excise (NT) dated the 7th September 2007, G.S.R 579(E). dated the 7th September 2007.

3. Sub: Exempts certain taxable services specified in the schedule received by an exporter and used for export of goods.Notification No.40/2007-Service Tax

thNew Delhi, the 17 September, 2007.G.S.R. (E).- In exercise of the powers conferred by sub-section (1) of section 93 of the Finance Act, 1994 (32 of 1994), the Central Government, on being satisfied that it is necessary in the public interest so to do, hereby exempts the taxable services specified in the Schedule (hereinafter referred to as specified services) received by an exporter and used for export of goods (hereinafter referred to as said goods), from the whole of the service tax leviable thereon under section 66 of the said Finance Act, subject to the following conditions, namely:-(a) the exemption shall be claimed by the exporter of the goods for the specified services received and used by the exporter for export of the said goods;(b) the exemption claimed by the exporter shall be provided by way of refund of service tax paid on the specified services used for export of the said goods;(c) the exporter claiming the exemption has actually paid the service tax on the specified services;(d) the exemption or refund of service tax paid on the specified services used for export of said goods shall not be claimed except under this notification.2. The exemption contained in this notification shall be given effect to in the following manner, namely:-(a) the person liable to pay service tax under sub-section (1) or sub-section (2) of section 68 of the said Finance Act shall pay service tax as applicable on the specified services provided to the exporter and used for export of the said goods, and such person shall not be eligible to claim



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exemption for the specified services:Provided that where the exporter of the said goods and the person liable to pay service tax under sub-section (2) of section 68 for the said services are the same person, then in such cases exemption for the specified services shall be claimed by that person;(b) the exporter shall claim the exemption by filing a claim for refund of service tax paid on specified services:Provided that,-(i) the manufacturer-exporter of the said goods shall file the claim for refund to the Assistant Commissioner of Central Excise or the Deputy Commissioner of Central Excise, as the case may be, having jurisdiction over the factory of manufacture or warehouse, and(ii) the exporter, other than a manufacturer-exporter, shall file the claim for refund to the Assistant Commissioner of Central Excise or the Deputy Commissioner of Central Excise having jurisdiction over the registered office of such exporter,(c) the claim for refund shall be filed on a quarterly basis, within sixty days from the end of the relevant quarter during which the said goods have been exported:Provided that the said goods shall be deemed to be exported on the date on which the proper officer of Customs makes an order permitting clearance and loading of the said goods for exportation under section 51 of the Customs Act, 1962 (52 of 1962);(d) the refund claim shall be accompanied by documents evidencing,-

(i) export of the said goods;(ii) payment of service tax on the specified services for which claim for refund of service tax paid is filed;

(e) the Assistant Commissioner of Central Excise or the Deputy Commissioner of Central Excise, asthe case may be, shall, after satisfying himself that the said services have been actually used for export of said goods, refund the service tax paid on the specified services used for export of said goods:Provided that where any refund of service tax paid on specified services used for export of said goods has been paid to an exporter but the sale proceeds in respect of the said goods have not been realised by or on behalf of the exporter in India within the period allowed under the Foreign Exchange Management Act, 1999 (42 of 1999), including any extension of such period, such service tax refunded shall be recoverable under the provisions of the said Finance Act and the rules made thereunder, as if it is a recovery of service tax erroneously refunded.

Schedule Taxable Services

[F.No.341 /15/2007- TRU]

(G.G. Pai)

Under Secretary to the Government of India

Classification under Description Finance Act, 1994

1. Section 65(105)(zn) Services provided for

export of said goods

2. Section 65(1 05)(zzl) Services provided for

export of said goods

3. Section 65(1 05)(zzp) Services provided for

transport of said goods from the inland container Depot to the port of export 4. Section 65(105)(zzzp) Services provided for transport of said goods from the inland container depot to the port of export


Documents

GSIA BI-MONTHLY NEWS BULLETIN · - Tool Room & Training Center ... Synopsis of the Meeting with Secretary ... 07.09.2007- Meeting with BSNL General Manager attended by Mr