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Circulars
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Option under section 44AD and 44AE to declare profits lower than the deemed profits--assessment year 1997-98--regarding.
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Option to declare lower presumptive profits removed, assessments may be kept pending and enforcement of related demands temporarily stayed.
Amendments removed the statutory option to offer a lower profit than presumptive profits for the assessment year 1997-98, creating an anomaly; the Board will consider remedial measures. Meanwhile, assessments for that year may be kept pending and any additional demand arising solely from denial of that option should not be enforced until 31.3.1999.
Determination of date of export under Passbook Scheme 1992-97 EXIM Policy. Last date for grant of credit under Passbook Scheme
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Determination of export date under Passbook Scheme - adverse policy changes not applied to consignments handed to Customs; credit deadline extended.
Where EXIM Policy amendments disadvantage exporters, those changes shall not apply to consignments already handed over to Customs for examination and export up to the date of the public notice; designated authorities and the Commissioner of Customs are directed to finalise and grant all admissible credits under the Passbook Scheme within the extended cut-off timeframe.
EOUs- Misuse of CT3 facility - AR3A and rewarehousing certificate to be sent by post and not by hand
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Misuse of CT-3 facility: require AR-3A and rewarehousing certificates to be exchanged by registered post to prevent duty evasion.
Certain 100% EOUs misused the CT-3 facility by diverting deemed export consignments into the domestic market and producing forged AR-3A rewarehousing certificates; hand-delivery of sealed AR-3As facilitated forgery. Range officers must send AR-3A copies by registered post and receive rewarehousing certificates by post, verify actual supply and rewarehousing, and scrupulously follow prescribed AR-3A movement procedures to prevent duty evasion.
Classification of Handbags and silk garments under DEPB
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Madeups classification: handbags must be treated as textile madeups; silk garments must be placed under the specified textile serial.
Handbags composed of textile materials are to be classified as madeups and placed in the relevant DEPB rate-list serial for the product group "Textile" according to their material; all garments made of silk must be classified under S.No. 74 of the "Textile" product group and not under other garment serial numbers.
21/91-CX.8 - 17-11-1998 Central Excise
Leviability of Cess on Natural Gas - Instructions regarding
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Leviability of cess on natural gas: no cess collectible where no government rate has been notified.
Leviability of cess on natural gas depends on a government notification fixing a cess rate; because no rate has been notified, no cess is leviable and any protective demands should be finalised accordingly, with corresponding amendments to the petroleum products manual.
EPZ Units - Sftware transfer in DTA through data communication permitted
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Sale of software through data communication permitted for EPZ/FTZ units into domestic market subject to valuation certification.
EPZ/FTZ units may sell computer software into the domestic tariff area via data communication/tele-communication links, on the basis that the EPZ/FTZ regime is analogous to EOUs and does not prohibit such transfers; this facility is extended subject to the condition that the Director of the Software Technology Park certify the valuation for the sale.
430/63/98 - 16-11-1998 Central Excise
No bar to storage and transshipment of excisable goods once cleared from a factory or any approved premise in bond (under Rule 13) before the same are exported. Procedure prescribed for verification of goods stored in such cases
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Storage and transshipment of excisable goods in bond permitted, with exporters responsible for invoice-matching and export verification.
Storing and transshipment of excisable goods cleared in bond under Rule 13 is permitted without prior departmental permission, subject to exporters meeting the export time-limits and proof/remittance requirements of the governing notifications. Exporters may establish transshipment stockyards after intimation to Central Excise, must maintain a register of invoices, quantities received and despatched, prepare challans where vehicle-specific invoices are absent, accompany vehicles with a signed photocopy of the invoice, and ensure Land Customs endorse the invoice only after full material indicated is exported.
Service Tax — Interest in case of delayed payment of Service Tax to the Government — Clarification
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Interest on delayed service tax clarified: treat spanning parts of two months as a single monthly interest period.
Clarification: interest under Section 75 for delayed service tax is simple interest charged for the period of delay; where payment falls on the first day of the next month after a mid month due date, the delay should be treated as a single month measured from the day after the due date of the first month to the due date of the next month, and interest charged for one month only.
HB Vol.1 amended para 5.3(b) - Import of Plastic waste/ Scrape
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Import of plastic waste: DGFT removes specific exclusion wording from a Handbook provision, altering import regulation.
The Director General of Foreign Trade amended Chapter 5 of the Handbook of Procedures, Vol. 1 by deleting the words "All types of plastic wastes / scrap (except PET bottle waste / scrap) and" from para 5.3(b), under authority of the Export and Import Policy and by Public Notice No. 56(RE-98)/1997-2002 dated 13 November 1998.
Export of Cotton Yarn by EOU/EPZ Units
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Export flexibility for cotton yarn allowed without count or domestic sourcing restrictions, subject to ceiling allocation and certification conditions.
Policy permits 100% EOUs and EPZ units producing cotton yarn to export yarn without count or domestic cotton sourcing restrictions subject to an overall quantitative ceiling with allocation by TEXPROCIL. Composite spinning and weaving units may export yarn without these restrictions after installation and certification as a balanced unit and commencement of commercial production, provided yarn exports do not exceed fabric exports in value terms and are governed by the Letter of Undertaking on export obligation.
Export/ Import through Courier- Assessment of goods
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Courier clearance: expanded procedures impose stricter registration, security obligations and reinforced enforcement for misdeclaration.
Assessment and clearance of goods through courier mode provide procedures for imports and exports by passenger or cargo flights, permit courier companies or the aircraft person in charge to perform import functions and sign the Courier Import Manifest (with responsibility for mis declaration), require registration with bonds and security per Customs House, allow Commissioner suspension of registration pending enquiry with appeal to the Chief Commissioner, and mandate selective scrutiny and random examination with strict action for mis declaration.
HB Vol.1 - Appendix 28A amended/ added - DEPB Rate list
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DEPB rate amendments change export product descriptions and impose shipment declaration and export obligation rules.
DGFT amends Handbook Vol. I Appendix 28A to revise DEPB rates, product descriptions and value caps for specified chemical, engineering, textile, leather and fish products, with Annexure B rates effective from 15.4.98. Shipping Bill declarations are required for certain processed fish and aquaculture shrimp exports. A prior Public Notice is corrected. An export obligation is prescribed as 1.5 times CIF value of imported hardware including software plus 1.5 times the wage bill, with hardware obligations over four years and wage-bill obligations annually; Net Foreign Exchange follows the Software Policy definition.
Export of Coarse-grain during the licensing year 1998-99
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Export ceiling allocation splits remaining coarse-grain entitlement between public sector and private exporters, preserving existing terms.
The circular establishes a total export ceiling for coarse-grain for the licensing year 1998-99, confirms that the overall ceiling includes an earlier released sub-ceiling, and directs bifurcation of the remaining balance between public sector undertakings and private exporters, with all other terms and conditions of prior policy communications remaining unchanged.
Completion of cases under limited scrutiny during the financial year 1998-99-regarding,
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Limited scrutiny authorisation permits expedited completion of selected income tax returns filed during the finance year under prescribed parameters.
Instruction empowers the Chief Commissioner of Income Tax to authorise assessing officers to complete limited scrutiny of returns filed in the finance year, with cases to be selected under parameters of Board Instruction No. 1938 and any norms prescribed by the CCIT; all selected cases must be prioritised and completed within the stated limited period, and compliance is to be ensured by the CCIT.
Export to USSR - Deferred Payment Contract - ITC (HS) Classification
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Special Currency Basket valuation updated for USSR deferred payment contracts, altering rupee conversion for covered protocol periods.
The notice revises the Indian rupee valuation of the Special Currency Basket for deferred payment contracts under the Indo USSR Deferred Payments Protocols of 30 April 1981 and 23 December 1985, and states that the revised valuation applies to contracts for deliveries of machinery and equipment from the erstwhile USSR to India entered into under those protocols.
Re-export of diamonds from private bonded warehouse
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Re-export authorisation for bonded warehouse diamond consignments permitted where competent administrative approval exists and customs rules are followed.
Re-export of rough diamonds from Private Bonded Warehouses in EPZ or DTA is permitted under an Exim Policy exception notwithstanding restrictive provisions, subject to applicable customs warehousing procedures and the condition that the Development Commissioner or Board of Approval has authorised the re-export.
HB Vol.1 amended - DES, BG, EPCG, Certification agency
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Export obligation on software units defined to include imported hardware value and wage bill, with phased fulfilment and certification.
The Handbook of Procedures (Vol.1) (RE-98) is amended to require licence holders to regularise export shortfalls by surrendering a Special Import Licence at a multiple of CIF imports on a pro rata basis; to expand manufacturer exporter eligibility based on excise registration and prior exports absent penalities; to permit EPCG licences to be issued on Development Commissioner NOC without Committee reference; to add Certificate of Origin agencies and FOB reporting columns; and to prescribe a software unit export obligation measured on net foreign exchange combining imported hardware and wage bill components with staged fulfilment.
SION - HB Vol.2 Amended/ Added
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Standard input output norms amended: revised SION tables and new sectoral entries govern allowed imports against specified exports.
Amendments to the Handbook of Procedures, Vol.2 revise and add Standard Input Output Norms (SION), substituting norm tables, correcting export/import descriptions, adding alternative permitted inputs and sector notes, and introducing multiple new SION entries across Chemicals, Engineering, Food, Plastic, Textile and Miscellaneous product categories as set out in Annexures A-G for application in export-import clearances.
Marine freight containers clearance and re-export
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Container re-export obligations: stricter monitoring, bond enforcement, and tightly limited extensions to prevent domestic diversion.
Imported durable freight containers are exempt from customs duty if re-exported within six months under a bond; extensions should not be routine. Separate accounts and bonds must be kept for loaded and empty containers, re-export bonds monitored, and demands under bonds issued on expiry. Assistant Commissioners may grant a written-record extension beyond six months up to three months; extensions beyond nine months are generally precluded, though the Commissioner may grant further time for genuine difficulty for limited periods. If goods require detailed examination they should be destuffed and stored while containers are released for re-export.
Income-tax deduction from salaries during the financial year 1998-99 under section 192 of the Income-tax Act, 1961
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Tax deduction at source from salaries requires employers to deduct tax at prescribed rates, comply with TDS filings and certificates.
Employers and persons responsible for paying salary must estimate each employee's salary income (including specified perquisites), compute income-tax on that estimate at prescribed slab-based rates, and deduct tax on average at each payment when the estimated salary exceeds the threshold. Employees with multiple employers or claiming relief may furnish prescribed verified particulars or forms to enable deduction on aggregate salary or to compute relief. Deductors must deposit sums timely, furnish TDS certificates and returns, quote TAN, observe valuation rules and eligibility for exemptions and Chapter VI-A deductions, and face penalties, interest and criminal sanctions for non-compliance.

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Service Tax — Interest in case of delayed payment of Service Tax to the Government — Clarification

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Interest on delayed service tax clarified: treat spanning parts of two months as a single monthly interest period.
Clarification: interest under Section 75 for delayed service tax is simple interest charged for the period of delay; where payment falls on the first day ... Summary

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Acts Income Tax