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    Circulars
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    Guidelines for compounding of offences under Customs and Central Excise Acts – regarding.
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    Compounding of offences: new rules allow classified settlements with exclusions and Chief Commissioner discretion for early resolution.
    The Rules establish a compounding regime classifying offences as technical (eligible for repeat compounding) and substantive or non-technical (compounding permitted only once), specify categories excluded from compounding including persons linked to serious statutes and smuggling of sensitive/prohibited items, exclude departmental officers, vest verification and discretionary power in the Chief Commissioner, permit compounding before or after complaint subject to court-affidavit procedures for pending prosecutions, require disposal within six months, publicity, and reporting to the Board.
    Excise duty on branded articles of jewellery
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    Excise duty on branded jewellery requires referral to the central board before charging duty when classification is disputed
    Reiterates that excise duty applies only to jewellery marketed under recognised brand names per the Board's circular; where classification as branded is disputed or a Commissioner is in doubt, the case must be referred through the zonal Chief Commissioner to the Board (Member, Central Excise) with full details and documents, and no duty should be charged or precipitate action taken until the Board decides; referrals are unnecessary where the manufacturer admits branding or the Commissioner finds the item not branded.
    Forwarding of Supreme Court Order dated 01-03-2005 in Civil appeal Nos. 2816-2818/2002
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    Judicial order forwarded: copy of decision in excise appeal circulated to officers for departmental information and compliance.
    Forwarding a copy of the Supreme Court order dated 01-03-2005 in Civil Appeal Nos. 2816-2818/2002 in the matter of the Commissioner of Central Excise v. M/s Simplex Mills Co. Ltd., enclosed for information and issued as Circular No. 823/20/2005 CX dated 28 12 2005 to inform departmental officers and stakeholders.
    CBEC accepts SC order in Ahmedabad Electricity co related to excisability of coal ash
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    Excisability of coal ash: prior circular withdrawn and related disputes to be decided in light of appellate judgment.
    The Board accepts the appellate judgment on the excisability of coal ash and withdraws its earlier circular that treated coal ash as an excisable commodity; that circular is no longer valid and pending disputes and assessments are to be decided in accordance with the appellate judgment, with trade and field formations to be informed.
    Guidelines for selection of cases for Desk review by Chartered/Cost Accountant
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    Desk review by chartered/cost accountants used to validate complex audit information and identify issues for audit plans.
    The Board authorises engagement of Chartered/Cost Accountants from institute panels in an advisory capacity for desk review under EA 2000 to assist in validating and interpreting ER 4/ER 5/ER 6 returns, scrutinising financial statements and audit reports, deriving unit-wise financials from consolidated accounts, and identifying issues for inclusion in the departmental Audit Plan, subject to avoidance of any conflict of interest and compliance with prescribed selection criteria and reporting requirements.
    Forwarding of Supreme Court Order dated 26-9-2005 in Civil appeal No. 5242/2000
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    Tariff classification: predominance of plastic dictates treatment as plastic articles, not aluminium foil, under applicable headings.
    Classification hinges on material predominance and the meaning of "backed": where plastic predominates and the article retains the essential characteristics of plastics, it is classifiable under the plastics headings (Chapter 39) rather than aluminium foil headings (Chapter 76). "Backed" implies one-sided coating; foil sandwiched between layers on both sides is not "backed". Chapter Note (d) to Chapter 76 and HSN Explanatory Notes exclude articles that assume the character of products of another chapter.
    Visit to SSI Units
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    Authorization for inspections: officers must display authority, record visits to small-scale units, and obtain prior permission for entry.
    Central Excise officers visiting SSI units must display an authorization letter issued by Assistant Collector/Deputy Collector and must invariably enter their particulars in the visitor's register at the premises. Inspections, including preventive and internal audit visits, are allowed only with specific prior permission of the Assistant Collector and for a stated purpose; these procedural safeguards are reiterated to ensure compliance.
    Stream-lining departmental response to Supreme Court matters – Instructions
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    Appeal Initiation Procedures: Commissioners must promptly prepare comprehensive proposals and documents to pursue Supreme Court appeals within prescribed limitation periods.
    Commissioners must examine every CESTAT order for their jurisdiction and, where Supreme Court appeal is warranted on non-law points like rate or valuation, submit a detailed proposal in the prescribed proforma to the Board within ten days of receipt of the certified CESTAT order; proposals must include show cause notices, relied documents, orders, certified CESTAT order with appeal paperbook, Board instructions, relied decisions and other relevant papers.
    Transfer of Advance Licence by buyer in favour of seller of goods enabling him to import duty-free raw materials and bring down cost of production/procurement-benefit accrued on this account including in assessable value as per Apex Court judgment in the case of CCE Bhubaneshwar-II Vs. M/s. IFGL Refractories Ltd.
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    Transfer of advance licence treated as additional consideration, increasing assessable value and prompting reassessment and revenue notices.
    Transfer of advance licence by a buyer to the seller constitutes additional consideration and must be included in the seller's assessable value; the Supreme Court ratio applies to both old and new formulations of Section 4, and authorities are directed to issue notices and reassess value to protect revenue.
    Advisory Committee on Abatement
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    Abatement data requirements: submissions must include supporting accounts and segment-specific actuals to enable committee review.
    Requests for increases in excise duty or service tax abatement must be accompanied by complete supporting books of account and representative information covering different industry sections. Submissions should describe trade sale patterns, margins and discounts, and include calculations based on recent actuals for varied industry segments. Trade and industry associations should advise members to comply with these requirements to enable the Advisory Committee on Abatement to decide expeditiously.
    Delay in disposal of seized/confiscated vehicles - DAP No.59 proposed for inclusion in the C&AG’s Re
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    Delay in disposal of seized vehicles mandates immediate inventory, upkeep and expedited adjudication followed by prompt disposal.
    Directions require immediate inventory and upkeep of seized/confiscated vehicles, strict adherence to maintenance and custody protocols, and expedited adjudication and disposal. Adjudication should be finalised within short prescribed periods; redemption or re-export options must be time-limited with final notices before departmental disposal. Confiscated vehicles may be considered for limited Government use only with Board approval; otherwise they must be auctioned with removal of secret compartments and widest publicity. Prompt disposal under Section 110(1B) of the Customs Act is mandated to prevent deterioration and revenue loss.
    Right to Information Act, 2005 - reg.
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    Right to Information Act transparency: designation of information officers, public facilitation counter, pay scale and budget disclosures.
    The Commissionerate publishes required disclosures under the Right to Information Act: designation of a Central Public Information Officer and Assistant Public Information Officers with an Information and Facilitation Counter and hours; a directory of officers and employees as Annexure; cadre wise pay scales for Groups A-D posts; and detailed budgetary allocations by account head for the Commissionerate, itemising salary, office expenses, information technology, and other operational heads.
    18/2005 - 22-08-2005 Central Excise
    Right to Information Act, 2005 – Implementation – reg.
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    Right to Information Act implementation: revised CAPIO designations and updated public directory published for public access
    Designation of officers as Central Public Information Officers has been revised owing to transfers and new postings; a revised list of CAPIOs with names and office addresses is published and an updated directory of officers and employees for the commissionerate is provided as an annexure, with other contents of the earlier trade notice remaining unchanged to inform the public.
    Guidelines for the sale of seized/ confiscated gold
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    Disposal of seized gold: bank agent sale using market based pricing with taxes paid from proceeds and customs assurance.
    Sale of seized/confiscated gold shall be routed through the State Bank of India as consignee agents at major centres; Customs will deliver gold in marketable form or convert it to the prescribed purity and provide Assaying Certificates, remaining responsible for fineness. Pricing will be based on the previous day's closing market price from three national economic dailies using the Annexure I methodology, with the Bank accepting no commission but deducting permitted out of pocket expenses, paying applicable sales tax/octroi from proceeds, and depositing net sale proceeds to the designated Customs account.
    Manner of scrutiny of ER-1 and ER-3 returns by the Proper Officer-regarding
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    Return scrutiny procedures require two stage verification and targeted detailed checks where abnormal trends threaten revenue protection.
    A procedural framework prescribes a two stage scrutiny of ER 1 and ER 3 returns: a preliminary checklist based verification of completeness, classification, arithmetic accuracy, provisional assessment status, CENVAT reconciliation and payment timeliness, followed by detailed scrutiny for returns with abnormal trends using quantitative parameters in Annexure 2. Both stages should be completed within three months, with deficiencies acted upon by the Range Superintendent, results recorded and signed, and selected cases subject to document requisition, rare assurance visits, periodic divisional oversight and referral to Internal Audit where abnormalities persist.
    Forwarding of Supreme Court Order dated 8/02/2005 in Civil Appeal No. 8580 of 2003
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    Application of precedent directs that prior excise decision governs similar assessment disputes, resulting in appellate alignment.
    The circular forwards a signed appellate order applying a prior precedent to a central excise assessment dispute between the Commissioner and M/s Unistar, stating the appeal was allowed in terms of the earlier Collector of Central Excise v. L.M.P. Precision Engg. judgment and that the issue is governed by that precedent.
    Clarification with regard to valuation of goods-regarding.
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    CENVAT credit adjustment for removals as such requires payment equal to credit availed rather than valuation-based duty liability.
    When a manufacturer removes inputs or capital goods as such, the applicable amended CENVAT provision requires payment measured by the credit availed on those goods rather than by the duty leviable on their value; situations governed by the earlier provision before amendment continue to be governed by the valuation and liability rules then in force.
    Excise duty exemption for specified goods for the manufacture of rotor blades for wind operated electricity generators - clarification regarding.
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    Excise duty exemption for rotor blade inputs available subject to certification, with imports exempt from CVD on certificate production.
    Notification exempts specified goods for manufacture of rotor blades for wind operated electricity generators from excise duty, subject to a certificate from the Ministry of Non Conventional Energy Sources. Imports of those goods are likewise eligible for exemption from the additional duty of customs (CVD) on production of the required certificate.
    "e-Payment of Central Excise & Service Tax"
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    e Payment facility for indirect taxes enables secure online challan submission and bank handled settlement for taxpayers.
    Introduction of an e-Payment facility for Central Excise and Service Tax permits taxpayers to pay indirect taxes via participating banks' internet portals. Eligible users must be customers of a core banking branch, possess a PAN based 15 digit assessee code, be registered for e payment and hold internet banking credentials. The system mandates on line validation of assessee code, location code and account head against PAO masters; only validated entries proceed. Banks print challans, forward daily scrolls to the PAO and range officers, deliver receipted copies to taxpayers and are responsible for fund transaction and settlement with the government.
    Setting up of Help Centre for Small Scale Sector manufacturers-reg.
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    Help Centres for small taxpayers to provide compliance guidance and single-window facilitation for customs, excise and service tax obligations.
    Establishment of Help Centres in each Commissionerate to facilitate small taxpayers in Customs, Central Excise and Service Tax matters; Centres to be staffed under Additional/Joint Commissioner with 6-8 local representatives from industry associations, professional bodies and NGOs, located in trade premises, meeting fortnightly, focusing on taxpayer education, compliance encouragement and assistance to non-filers and defaulters, while excluding grievance redressal; Centres must maintain records, carry out publicity and training, and submit zonal and monthly reports to the Board.

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      Central Excise

      Transfer of Advance Licence by buyer in favour of seller of goods enabling him to import duty-free raw materials and bring down cost of production/procurement-benefit accrued on this account including in assessable value as per Apex Court judgment in the case of CCE Bhubaneshwar-II Vs. M/s. IFGL Refractories Ltd.

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      Transfer of advance licence treated as additional consideration, increasing assessable value and prompting reassessment and revenue notices.
      Transfer of advance licence by a buyer to the seller constitutes additional consideration and must be included in the seller's assessable value; the ... Summary

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