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    Circulars
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    Scope of exemption u/s10A.
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    Section 10A exemption covers processing and assembling of imported components for export; do not reopen assessments.
    The Board interprets the scope of the section 10A exemption to include Free Trade Zone industrial undertakings engaged in processing and assembling imported components for export, and directs that completed assessments not be re-opened and pending appeals be conceded accordingly.
    Extension of period-Amnesty Scheme under the Income-tax & Wealth-tax Acts
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    Amnesty scheme extension confirms conditions apply to returns of income and wealth for the current and earlier assessment years.
    The Circular amends the concluding sentence of Circular No. 472 to state that the conditions laid down in the earlier circulars will apply to returns of income and returns of wealth for the assessment year 1986-87 and for earlier assessment years, thereby confirming the temporal scope of the amnesty scheme under the Income-tax and Wealth-tax Acts.
    Accounting of searches.
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    Reporting of searches: count searches by warrants, immediate telex for locker openings and seizures, and twenty four hour notice.
    Require reporting of searches by number of warrants only; send telex when a bank locker is opened and inventorized; promptly telex seizures of cash or jewellery; and ensure the preliminary telex to the Board Member (Investigation) is sent within twenty-four hours, with strict compliance and circulation to all A.DsI/D.DsI.
    Phenyle is disinfectant classifiable under sub-heading No. 3801.90 of CET
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    Disinfectant classification: Phenyle is treated as a disinfectant, not an insecticide or deodoriser, attracting excise duty.
    Phenyle, containing phenols and cresols and marketed as a household cleaning product with germicidal properties, is a preparation classifiable as a disinfectant under sub heading 3801.90 of the Central Excise Tariff; the Board treats it as an "other" preparation in that sub heading rather than as an insecticide or prepared room deodoriser and it attracts the applicable ad valorem excise duty.
    Delay in receipt of duty paid goods for proforma credit/Modvat
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    Proforma credit entitlement: delay in receipt of duty paid inputs does not justify denial; verification allowed but credit must be granted.
    Delay between clearance by the original manufacturer and receipt by the user manufacturer is not a valid ground to deny proforma credit; local Central Excise officers may verify duty paid character with consignors but must not disallow otherwise admissible credit, and recovery action may follow if credit was incorrectly allowed.
    Legal position with respect to Cash Compensatory Support given to exporters.
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    Cash Compensatory Support treated as trading receipt for tax purposes, prompting conflicting appellate positions and administrative attention.
    The tax treatment of Cash Compensatory Support paid to exporters is contested: one appellate bench characterised such payments as non-taxable, while another appellate bench treated them as taxable trading receipts, the latter relying on a High Court judgment that supports treating the payment as part of taxable business receipts.
    Rate of tax applicable in respect of interest income in the case of foreign companies-Clarification regarding
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    Tax rate on foreign-company interest income from foreign-currency remittances is applied on gross interest without deductions.
    Where a foreign company invests by remittance in foreign currency in NRE/FCNR accounts or in deposits of public limited companies, the special rate provision applies and tax on interest is charged on the gross amount without allowing any deduction for expenditure or allowances.
    Facility of credit under Modvat when GP 1 or subsidiary GP 1 is lost or misplaced - Regarding
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    Modvat credit procedure applies proforma credit when GP1 is lost in transit, extending existing Rule 56A guidance to Modvat.
    Availability of input credit under the Modvat scheme is permitted where the original GP 1 or subsidiary GP 1 is lost or misplaced in transit by applying the Board's proforma credit procedure prescribed for Rule 56A mutatis mutandis; field officers must implement the steps, trade must be informed, and receipt of the instructions acknowledged.
    Narrow woven elastic tapes - Classifiable under Heading No. 58.06 of CET
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    Narrow woven elastic tapes classification affirmed as narrow woven fabrics under excise tariff heading, affecting excise treatment.
    Narrow woven elastic tapes woven over textile-covered rubber thread are to be treated as narrow woven fabrics and classifiable under the Central Excise Tariff heading for narrow woven fabrics, providing administrative guidance for excise classification and trade compliance.
    Decorative paper reinforced plastic laminates - Whether classifiable under Chapter 39 of the CET
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    Product classification of reinforced plastic laminates confirmed as plastics chapter item, excluding paper chapter coverage.
    Decorative paper reinforced plastic laminates are classifiable within the plastics chapter as plastic sheets or films of non cellular type combined with other materials, and are excluded from classification as other articles of paper by the paper chapter note; accordingly, such laminated sheets should be treated under the plastics heading rather than under the paper chapter.
    Classification of decorative paper reinforced Plastic Laminates - Whether under Chapter 39 or under Chapter 48 of the CET
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    Classification of decorative plastic laminates: treated as plastic sheets under the tariff, not as paper articles.
    Decorative paper reinforced plastic laminates are classifiable as non cellular plastic sheets under the Central Excise Tariff. The tariff headings for plastic sheets (covering lacquered, metallised or laminated sheets supported or combined with other materials) encompass such products, and Chapter Note 1(f) to Chapter 48 expressly excludes them from Chapter 48's paper articles scope. Therefore, these laminated sheets should be assessed under the appropriate plastic sheets heading rather than as other articles of paper.
    'Monthly Progress Report of TROs work' and 'Action Plan for TROs'.
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    Reporting obligations for tax recovery units require consolidated monthly and quarterly plan submissions and central chargewise review by DI(Recovery).
    All Commissioners must submit a consolidated Monthly Progress Report of TROs' work to D.I.(Recovery) by the 25th of the succeeding month and endorse quarterly Action Plan feedback to D.I.(Recovery). The D.I.(Recovery) will conduct a chargewise review and forward findings/comments to the Board's ITCC/IT(B) sections according to prescribed submission dates, with strict adherence required.
    Modvat - Clarifications regarding allowing credit of duty paid on electrodes
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    Modvat credit for electrodes affirmed as inputs, allowing duty credit where electrodes serve as consumable manufacturing inputs.
    Clarification that Modvat credit is permissible for graphite and carbon electrodes used as consumable inputs in electric arc furnaces and aluminium manufacture because they satisfy the Modvat Rules' criterion of input. The circular rejects treating such electrodes as "machine" items under Section XVI Note 5 beyond the limited context of Notes 1-4, and confirms eligibility for credit even if electrodes partly or wholly form part of finished products; the same approach applies to other manufacturing electrodes.
    Fabrics - Shrinkage of - Reduction in demand
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    Fabric shrinkage: demands to be assessed case by case; no uniform norm and unusual shrinkage administratively disallowed.
    After consultation with the DGICCE the Board concluded no uniform norm for fabric shrinkage could be prescribed and directed that each claim be decided on its merits, disallowing any unusual shrinkage claimed by the manufacturer; reasonable reductions remain subject to case by case scrutiny.
    Extension of period-Amnesty Scheme under the Income-tax and Wealth-tax Acts
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    Amnesty scheme extension under Income-tax and Wealth-tax Acts extends benefits through March, with prior conditions unchanged.
    Extension of an existing amnesty scheme under the Income-tax Act and the Wealth-tax Act, with the period extended to permit further participation. The circular confirms that the operative conditions set out in earlier administrative circulars continue to apply to returns of income and wealth for the relevant assessment year, preserving the eligibility criteria and procedural requirements during the extended period.
    Capital gains tax-Whether investment in a flat under the Self-financing Scheme of the Delhi Development Authority would be construction for purpose of sections 54 and 54F of the Income-tax Act, 1961
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    Construction for capital gains treatment where authority undertakes building and allottee holds title on allotment letter.
    Investment in a flat allotted under the Self financing Scheme of the Delhi Development Authority is to be treated as construction for capital gains exemption purposes because the allottee obtains title on issuance of the allotment letter, the DDA performs construction on behalf of the allottee, instalment payments are secondary obligations, and the tentative cost of construction determined under the Scheme constitutes the cost of the new asset; the instalment mechanism does not change the transaction's character.
    Central Excise - Procedure for verifying duty paid character of inputs received under Modvat
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    Entitlement to subsidiary gate passes affirmed for independent traders under Modvat, requiring the Range Officer to prepare and issue certificates.
    Independent traders are entitled to subsidiary gate passes under the Modvat Scheme; the Board modifies prior guidance to confirm this. The Range Officer must both prepare and issue the subsidiary gate passes, and ambiguous trade notices should be amended to reflect that procedural requirement for verifying the duty-paid character of inputs.
    Manufacture - Expression 'primary forms' under Note 6 of Chapter 39 applies to powders
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    Primary forms classification treats powders and granules as primary forms, so conversion is manufacture and allows input duty credit.
    The statutory definition of manufacture includes incidental processes and those specified by chapter notes. The Chapter Note treats primary forms as including powders and granules and provides that conversion from one primary form to another amounts to manufacture; classification is therefore governed by those Chapter Notes. As Chapter 39 is within the Modvat scheme, excise duty paid on a primary form of plastics is available as credit against duty on another primary form produced therefrom. Individual commodity queries are to be decided by the jurisdictional Collector/Assistant Collector.
    Lacquered/laminated/metallised plastic films manufactured from duty paid bare films [Chapter 39]
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    Excise liability for value-added plastic film conversions persists despite tariff subheading similarity; Modvat credit allowed.
    Conversion of duty-paid bare plastic films into lacquered, laminated or metallised films constitutes manufacture of a new product and is liable to excise duty even if the end product falls under the same tariff sub-heading; following withdrawal of the exemption for metallised films, this view is supported by Board advice, Law Ministry opinion and subsequent decisions. Chapter 39 being covered by the Modvat scheme, credit for duty paid on bare films may be applied against duty on the converted lacquered/laminated or metallised films.
    41/86 - 08-10-1986 Central Excise
    Delegation of powers of Collector to Range Superintendent under Rule 57F(1)(ii)
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    Delegation of Collector powers under Rule 57F(1)(ii) to Range Superintendent to expedite permission for external processing.
    Powers of the Collector under Rule 57F(1)(ii) to permit removal of inputs from a factory for operations outside the factory are delegated to the Range Superintendent; Collectors must issue notifications to implement the delegation and ensure prompt disposal of trade requests under the rule, informing the trade accordingly.

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      Deduction of tax at source-Income-tax deduction from salaries during the financial year 1986-87 under section 192 of the I.T. Act, 1961

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      Tax deduction at source on salaries: standard deduction increased and house rent allowance ceiling removed for the fiscal year.
      Deduction of tax at source from salaries under section 192 continues to be made at the average rates in force, with employers obliged to compute ... Summary

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      ActsIncome Tax