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    Problems faced by EOUs in Obtaining CT-3 forms for Seeking Excise Duty Exemption on the Goods Purchased from DTA Simplification thereof - Regarding
    Central Excise - Difficulties faced in the allotment of New ECC Number due to non-availability of 10-characters Permanent Account Number (PAN) - Instr...
    Issue of corrigendum subsequent to adjudication order passed by departmental authorities - Advice sought from Law Ministry - regarding
    Central Excise - Procedure for payment of Central Excise duty in the event of failure of computer system due to Y2K problems - Instructions regarding
    Simplification of Export Procedure - Procedure where bonds can be furnished with Deputy / Assistant Commissioner of Central Excise - Reg
    Central Excise - Electronic maintenance of records, returns, invoices or other documents using computer - New rule 226A inserted in Central Excise Rul...
    Classification of Nickel perforated cylinder
    Duty liability on the activity of creating a computer network from paid computers - Regarding
    Filling of Application for early hearing before the Tribunal - Proper drafting of Application - Instructions - regarding.
    Excisability of Odoriferous compound / Agarbathi mix arising during the course of manufacture of Agarbathi - Regarding
    Downtherm Heat Transfer medium and Tri-Ethylene Glycol used for cleaning spinnerets - Eligibility for exemption
    Central Excise -Introduction of New Excise Control Code (ECC) Number based on Permanent Account Number (PAN) allotted by the Income-tax Department-Ins...
    Valuation - Maximum Retail Price in case of multi piece packages
    Excise Audit - 2000 (EA-2000) - Guidelines - Regarding
    Restriction of Modvat credit on goods imported under Project Imports (Classified under Heading 98.01 of the Customs Tariff Act reg.
    Grant of rebate to merchant exporters under rule 12(1)(b) - Procedure for export of tea, specially where purchased from open market
    Situations under which a Civil appeal is to be filed against CEGAT orders - Proper Preparation of Format - Detail reasons for delaying to be sent
    Rebate of duty paid on processed textile fabrics under section 3A where the fabric is used for the manufacture of made-ups (export goods) - Problems a...
    Central Excise - Notification 38/99-C.E., dated 16-9-99-Supreme Court decision in the case of M/s. Hyderabad Industries Ltd., Regarding charging secti...
    Special procedure for dealing with Excess/Shortages of Iron & Steel Products at the Stockyard / Depots of Integrated Steel Plants/their Consignment Ag...
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    Circulars
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    Problems faced by EOUs in Obtaining CT-3 forms for Seeking Excise Duty Exemption on the Goods Purchased from DTA Simplification thereof - Regarding
    Show AI Summary
    Pre-authenticated CT-3 extended to STP/EHTP/EPZ and usable for capital goods, with local range officer authentication.
    Pre-authenticated CT-3 is extended to STP/EHTP/EPZ units and may be used for procurement of raw materials and capital goods. Range Officers in charge of EOU/STP/EHTP units are authorised to authenticate CT-3 forms, while EPZ CT-3s must be authenticated by the Assistant Commissioner in charge or an expressly authorised Central Excise Officer. Goods may be procured under CT-3 from the manufacturer's premises or its bonded warehouse. Circular No. 24/91-CX.8 is modified accordingly and publicity and acknowledgement are required.
    Central Excise - Difficulties faced in the allotment of New ECC Number due to non-availability of 10-characters Permanent Account Number (PAN) - Instructions regarding
    Show AI Summary
    PAN requirement for ECC allocation: directs priority PAN allotment to enable New ECC numbers for pending applicants.
    Allocation of the New ECC Number must be based on the 10-character alphanumeric PAN, but many assesses lack such PAN or quote older PAN/GIR numbers, impeding ECC allotment. The Income-tax Directorate has instructed Chief Commissioners to prioritize PAN issuance for Central Excise assesses and provided contact officers to expedite processing so that PAN allotment, and thereafter New ECC Number issuance, can proceed without delay.
    Issue of corrigendum subsequent to adjudication order passed by departmental authorities - Advice sought from Law Ministry - regarding
    Show AI Summary
    Corrigendum after adjudication invalid where substantive changes bypass natural justice and proper review procedures.
    A post adjudication corrigendum that substitutes substantive rates of duty or penalties without affording parties a hearing is impermissible: the Commissioner, as a quasi judicial authority, lacks statutory power to review or correct a signed adjudication and must observe natural justice; significant non clerical changes should be pursued by review through the appropriate authority rather than by corrigendum.
    Central Excise - Procedure for payment of Central Excise duty in the event of failure of computer system due to Y2K problems - Instructions regarding
    Show AI Summary
    Duty payment continuity: mandate to maintain ledger balances and procedures for bank computer failures preserving clearances.
    Assessees must maintain sufficient balance in their Personal Ledger Account/Modvat account to cover clearances for several days around 1 January 2000. If an authorised bank's computer failure within a Commissionerate causes stoppage of transactions beyond three days from 1 January 2000, the procedure in Circular No. 480/46/99-CX applies. Assessees with their own computer failures may maintain records manually. Commissioners must monitor banks, prevent misuse, allocate temporary accounts staff, and ensure deposits under this procedure stop once the problem is resolved.
    Simplification of Export Procedure - Procedure where bonds can be furnished with Deputy / Assistant Commissioner of Central Excise - Reg
    Show AI Summary
    Designation of export deputy enables exporters to furnish consolidated bonds locally, streamlining bond security and debit procedures.
    Designation of a Deputy/Assistant Commissioner as Deputy/Assistant Commissioner of Central Excise (Exports) allows merchant and manufacturer-exporters to file specific consignment or general running bonds with the officer at the exporter's head office/factory jurisdiction, subject to security equal to ten percent of the bond unless exempted. Specific consignment bonds require an attested photocopy for presentation at removal; consolidated running bonds require a provisional debit certificate from the Divisional Running Bond Account, conversion of provisional debits to actual debits on receipt of duty particulars, and production of the certificate at removal or within 24 hours for self-removed consignments.
    Central Excise - Electronic maintenance of records, returns, invoices or other documents using computer - New rule 226A inserted in Central Excise Rules, 1944 - Regarding
    Show AI Summary
    Electronic maintenance of records permitted with readable formats, monthly printouts, backups and producibility on demand.
    Rule 226A permits persons dealing with Central Excise to electronically maintain or generate required records, returns, invoices and other documents without prior permission; electronic records must be electronically readable, retained alongside any hard copies, with monthly printouts filed in bound folders, backups maintained for restoration, and all records preserved for five years from the first day of the financial year following the year to which they pertain. The Range office will note electronic maintenance, and officers or audit parties may demand production of records in hard copy or electronic form; misuse or denial of access can lead to prohibition after recorded reasons and consideration of explanations.
    Classification of Nickel perforated cylinder
    Show AI Summary
    Classification of nickel perforated cylinders: appeal dismissed for small revenue, question of law left open, refer substantial cases.
    Whether nickel perforated cylinders used for developing and fixing designs are chargeable to Central Excise duty was left unresolved when the Supreme Court dismissed the departmental appeal for smallness of revenue after CEGAT had allowed the manufacturer's appeal relying on tribunal precedents; the Board requests referral of substantially revenue significant cases for consideration of filing a civil appeal.
    Duty liability on the activity of creating a computer network from paid computers - Regarding
    Show AI Summary
    Creation of computer networks from duty-paid equipment not treated as manufacture where no new name, character or use
    Whether creating a computer network by interconnecting duty-paid computers and peripherals constitutes manufacture is addressed. Computers and networks (LAN/WAN), coordinated by a server and subject to additions and deletions, do not amount to manufacture where no good with a distinct new name, character and use is produced.
    Filling of Application for early hearing before the Tribunal - Proper drafting of Application - Instructions - regarding.
    Show AI Summary
    Out of turn hearing requests must state detailed reasons; only justified, substantial-revenue or recurring-issue cases qualify.
    Applications for early or out of turn hearing before the Tribunal must state written, reasoned grounds; Commissioners must file such applications only in deserving cases supported by proper and detailed reasons, such as very substantial amounts, issues no longer res integra, or recurring matters with substantial revenue implications, and not as routine requests.
    Excisability of Odoriferous compound / Agarbathi mix arising during the course of manufacture of Agarbathi - Regarding
    Show AI Summary
    Excisability of odoriferous compounds: those formed during agarbathi manufacture are not excisable if nonmarketable, and no duty is leviable.
    Those odoriferous compounds and agarbathi dough mixed with such substances, being brand specific secret formulations not sold in the market in the normal course of trade, are not marketable and therefore do not qualify as an excisable product; accordingly no duty is leviable on such compounds arising during the course of manufacture of agarbathi.
    Downtherm Heat Transfer medium and Tri-Ethylene Glycol used for cleaning spinnerets - Eligibility for exemption
    Show AI Summary
    Materiality for manufacture: duty exemption eligibility for process chemicals affirmed by tribunal despite Supreme Court dismissal of appeal.
    The tribunal held Dowtherm and Tri Ethylene Glycol to be materials required for manufacture and eligible for duty exemption; the Supreme Court dismissed the civil appeal by a one line order. The Law Ministry and Attorney General advised that the non speaking dismissal does not merge or approve the tribunal's order and provides no basis for review, leaving the issue open for contestation in other cases.
    Central Excise -Introduction of New Excise Control Code (ECC) Number based on Permanent Account Number (PAN) allotted by the Income-tax Department-Instructions regarding-
    Show AI Summary
    New Excise Control Code based on PAN introduced; mandatory PAN and phased transition to exclusive use of the new code.
    Introduction of a new alphanumeric Excise Control Code (New ECC Number) based on the Permanent Account Number (PAN) is mandated for all Central Excise assessees and registered dealers; the New ECC comprises PAN + a two-character category code + a three-digit instance code. Applicants must apply to the jurisdictional Range Office with an attested PAN copy, receive immediate acknowledgement, and processing will follow a centralised path through Range, Division, Commissionerate or Director General levels depending on the geographic spread of premises. NIC automation is planned but manual processing must begin immediately, PAN is compulsory for assessees, and a phased transition requires concurrent use of old and new ECCs before exclusive use of the New ECC.
    Valuation - Maximum Retail Price in case of multi piece packages
    Show AI Summary
    MRP declaration for multi-piece packages requires retail price marking and permits excise assessment under notified valuation rules.
    The small-quantity exemption for packages does not apply to multi-piece packages; the Packaged Commodities Rules require declaration of the retail sale price of multi-piece packages and of individual pieces capable of separate sale, and where commodities are notified for valuation by reference to MRP they shall be assessed to excise duty on the basis of the declared retail sale price in accordance with the applicable excise valuation provisions.
    Excise Audit - 2000 (EA-2000) - Guidelines - Regarding
    Show AI Summary
    Excise Audit reforms establish a trained, supervised EA-2000 regime prioritizing systematic audits and referral-based enforcement.
    Introduction of Excise Audit-2000 (EA-2000) as a phased, professionally conducted audit system with 15 days' notice to assessees, initial coverage of high-duty units, audits to be executed by specially trained staff supervised by senior officers, completion targeted in five to seven working days, prohibition on auditors exercising coercive enforcement powers (search, seizure, interrogation, arrest) and mandatory referral of enforcement matters to Anti-Evasion or Proper Officers; creation of assessee database, mandatory training, use of draft manuals pending finalisation, and establishment of monitoring and evaluation mechanisms including an EA-Monitoring Cell and periodic performance reports.
    Restriction of Modvat credit on goods imported under Project Imports (Classified under Heading 98.01 of the Customs Tariff Act reg.
    Show AI Summary
    Restriction on Modvat credit for capital goods clarified: limitation applies only to capital goods; inputs receive full credit.
    Restriction on Modvat credit for goods imported under the project import classification applies only to items in the nature of capital goods. Raw materials, inputs and components imported under the same classification are eligible for full input credit if they qualify under input credit provisions, because the provisions governing input credit and capital good credit are distinct and mutually exclusive.
    Grant of rebate to merchant exporters under rule 12(1)(b) - Procedure for export of tea, specially where purchased from open market
    Show AI Summary
    Rebate of excise duty on exported tea: procedure permits merchant exporters to claim rebate despite open market procurement.
    The Board confirms rebate entitlement under Rule 12 for merchant exporters exporting blended or packaged tea purchased from open market or auction, treating blending and packaging as manufacture for export benefits. The notification requirement of direct factory procurement is relaxed under Rule 12(1) proviso where authorities verify export and duty payment through export endorsed AR forms with bill of lading and shipping bill, auction broker catalogues/contracts or invoices evidencing duty payment; Commissioners may relax other conditions on merits and simultaneous drawback and rebate claims are prohibited.
    Situations under which a Civil appeal is to be filed against CEGAT orders - Proper Preparation of Format - Detail reasons for delaying to be sent
    Show AI Summary
    Civil appeal filing procedures: refer only unacceptable CEGAT orders and ensure complete, attested proposals to prevent filing delays.
    Filing of civil appeals against CEGAT orders is confined to orders adverse to the Department and unacceptable on scrutiny, with all adverse Larger Bench orders to be sent to the Board. Commissioners may accept legally proper orders without referral; doubtful single/two-member Bench orders should be referred to Chief Commissioners who may forward cases to the Board with justification. All appeal proposals must be complete, with filled format columns and attested legible annexures; unexplained delays require a day-by-day time chart explaining reasons so delays can be justified when appeals are filed.
    Rebate of duty paid on processed textile fabrics under section 3A where the fabric is used for the manufacture of made-ups (export goods) - Problems arising due to absence of procedure
    Show AI Summary
    Rebate of duty on processed textile fabrics: procedural deviations may be ignored where goods were exported and duty was paid.
    Where exporters did not follow prescribed procedural formalities for rebate claims on processed textile fabrics used in made-up exports, the rebate sanctioning authority should relax those procedural requirements if satisfied that the goods were actually exported and duty on the processed fabrics was paid by the independent processor; rebate to be allowed on the basis of input-output norms determined by the competent authority, even if determined post-facto, provided claims are otherwise admissible.
    Central Excise - Notification 38/99-C.E., dated 16-9-99-Supreme Court decision in the case of M/s. Hyderabad Industries Ltd., Regarding charging section for levy of additional duty of customs - Regarding.
    Show AI Summary
    Charging section for additional customs duty clarified; excise on DTA clearances now capped by statutory ceiling under proviso to Central Excise Act.
    Supreme Court clarification that the charging provision for the additional duty of customs is not Section 12 necessitated amendment of notifications so that excise on DTA clearances by EOUs and FTZs is computed using aggregate customs duties read with the relevant notification but capped by the statutory ceiling in the proviso to the Central Excise Act; excise payable is the lesser of the aggregate customs duties and the statutory ceiling, effective from 16 September 1999.
    Special procedure for dealing with Excess/Shortages of Iron & Steel Products at the Stockyard / Depots of Integrated Steel Plants/their Consignment Agents
    Show AI Summary
    Excess shortage reconciliation for stockyards mandates annual special registers and duty payment where net excesses are found.
    A special procedure requires stockyards/depots of Integrated Steel Plants to maintain plant wise, tariff head wise Special Registers in addition to Form RG 23D, use a wagon/vehicle close indicator to determine annual net excesses or shortages as of March 31, and submit reconciliations to the jurisdictional Deputy/Assistant Commissioner. Eligibility requires a letter of undertaking; net excesses trigger suo moto duty payment by the plant by the prescribed date, while net shortages do not attract refunds and are carried forward for adjustment against future excesses. Buyers receive no additional modvat credit for differential duty paid on reconciliation.

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      Central Excise

      Restriction of Modvat credit on goods imported under Project Imports (Classified under Heading 98.01 of the Customs Tariff Act reg.

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      Restriction on Modvat credit for capital goods clarified: limitation applies only to capital goods; inputs receive full credit.
      Restriction on Modvat credit for goods imported under the project import classification applies only to items in the nature of capital goods. Raw ... Summary

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