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Valuation of goods under Section 4A of the Central Excise Act, 1944 - reg
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Valuation based on statutory MRP requirement: MRP-printed goods follow section 4A, others valued under section 4.
Valuation of notified excisable goods depends on whether the manufacturer is statutorily required under the Standards of Weights and Measures Act or other law to declare the retail sale price on the package. If a statutory MRP printing obligation exists, valuation follows Section 4A; if not, valuation is to be done under the general provisions of the Central Excise Act (transaction value or tariff value as applicable). Exemptions in the Packaged Commodity Rules and state metrology clarifications determine mixed assessments, and failure to print a statutorily required MRP may attract confiscation.
Availing of Modvat Credit as well as exemption under Small Scale Industries Exemption Notification- Regarding.
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Modvat/Cenvat credit entitlement: full SSI exemption precludes credit; manufacturer must reverse credit or pay duty on exempted goods.
Manufacturers opting for full SSI exemption are not entitled to avail Cenvat/Modvat credit on inputs used for exempted goods; Rule 6 of the Cenvat Credit Rules does not apply to such exempted clearances. If cenvatable inputs are used in exempted production, the manufacturer must either reverse the credit on those inputs or pay duty on the finished exempted goods.
Scheme of FII Trading in all Exchange Traded Derivative Contracts
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FII trading in exchange traded derivative contracts permitted subject to position limits and custodians must notify FII clients.
SEBI permits Foreign Institutional Investors to trade in all exchange traded derivative contracts on recognised exchanges, subject to position limits, and directs custodians to notify their FII clients while referring to the detailed position limit framework in the referenced circular.
Third Party inspections and certifications — Liability to Service Tax — Clarifications
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Third-party certification under statutory authority not treated as consulting engineer service; non statutory inspections remain taxable.
Certificates and inspections performed under the authority of any statute, international protocol, convention or code are not to be treated as consultancy, advice or technical assistance and thus are not taxable as services of a consulting engineer. Inspections or surveys undertaken by an agency for issuing such statutory certificates are likewise non taxable; however, any inspection, survey, assessment, technical assistance, consultancy or advice provided outside statutory authority, or preliminary inspections by a different agency that amount to assistance, will be taxable under the head Consulting Engineer. Each case must be decided on facts, contractual terms and applicable statutory or international provisions.
ICES exports - Filling of State Codes for State of origin of export goods
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State of Origin Codes must match RBI BSR list; exporters and officers must ensure correct codes for export reimbursement.
Exporters and Customs House Agents must declare the State of Origin on shipping bills using the Reserve Bank of India Basic Statistic Return (BSR) State codes. Assessing and examining officers are required to verify that the correct notified BSR codes have been entered, since Ministry of Commerce uses these codes to determine State export values for ASIDE disbursements. The Board requests re-notification of the prescribed State codes by Public Notice and administrative measures to ensure only correct codes are used.
Excisblity of Hot Asphalt Mix : A doubt has been raised regarding excisablity of Hot Asphalt Mix used in making roads.
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Excisability of Hot Asphalt Mix clarified: preparation is not manufacture, so it is not an excisable commodity.
The Ministry of Law concluded that preparing Hot Asphalt Mix does not constitute manufacture under Section 2(f) of the Central Excise Act and, applying the rule of strict construction in fiscal statutes, the Board directed that Hot Asphalt Mix is not an excisable commodity, with pending disputes and assessments to be settled accordingly.
Appointment of custodian of import and export cargo at ICD, Jamshedpur
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Custodian liability for import/export cargo established; custodian must comply with statutory duties and pay duty for pilfered goods.
Appointment designates a government container operator as the custodian of imported and export cargo at the ICD, Jamshedpur, responsible for custody until clearance, warehousing, or onward shipment and for performing stuffing, accountal, customs examination facilitation, transportation and safe delivery of customs-sealed containers; the custodian must comply with statutory duties and, if goods are pilfered or lost while in custody, is liable to pay duty assessed as of the date of delivery of the import manifest or report; the appointment is for a fixed term subject to review and may be terminated after reasons and opportunity to be heard.
Carriage of coastal cargo from one Indian port to another port in foreign going vessels - Regarding
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Coastal carriage permits Indian foreign going vessels to carry coastal containers between Indian ports under prescribed customs procedures.
Indian flag foreign going vessels calling at multiple Indian ports may carry coastal containers between Indian ports on the same voyage subject to Customs Act requirements. Consignors must submit a Bill of Coastal Goods, containers must be marked and sealed, a Coastal Manifest prepared for each coastal port, and a bond executed before loading. Customs must record entries in the Advice Book, verify unloading and intact seals before departure, reconcile manifests at the last Indian port, and follow adjudication procedures for tampering or discrepancies.
Amendment of Central Excise (No. 2) Rules, 2001 for Budget Day restrictions and related instructions - Regarding
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Budget Day removal restrictions suspend self-removal; Commissioner permission required and enhanced duty becomes payable for post-Budget clearances.
The amendment inserts rule 30A imposing Budget Day restrictions that suspend self-removal from the appointed time until midnight; removals during this period require Commissioner permission based on advance written undertakings to pay any enhanced duty and to comply with specified conditions. A provisional/ final two-form application process is prescribed (including ARE 4), designated officers must be appointed to receive applications and supervise clearances, and Commissioners must review permissions and recover any differential duty owing to enhanced rates. Limited acceptances for goods arising after the appointed time are provided in defined circumstances.
Application for certification of Export Performance of units in the pharma and biotechnology sectors by the RLA's as per Customs Not 10/2002
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Duty free R&D import entitlement for pharma and biotech units upon regional certification of export performance and R&D registration.
Permits duty free import entitlement for pharma and biotechnology units for R&D up to one percent of the preceding year's FOB exports where the unit's R&D wing is registered with the competent scientific authority and export thresholds are met. Regional Licensing Authorities may issue certification on formal application with prescribed appendices; applicants must submit a declaration that imports are solely for R&D, will be installed within six months, not transferred or sold for seven years, and a chartered accountant's certificate. The Regional Office verifies records and issues the certificate subject to notification conditions and penal consequences for false information.
Mis-declaration of constitution of textile fabrics and classification thereof - evasion of duty. - Reg
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Classification of polyester woven fabrics: misclassification to obtain concessional duty triggers customs monitoring and duty re-assessment.
Customs reported mis-declaration of polyester woven fabrics being classified under 5407.61 notwithstanding representative tests showing non-textured polyester filament content below the required threshold for that entry; this misclassification was used to claim concessional duty. Customs houses are instructed to monitor such imports, verify composition by sampling and testing, and ensure correct classification and duty charging to prevent evasion.
Appointment of custodians of EPZs/ICDs/CFSs – reg. –
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Custodian security exemption for Central and State PSUs allows appointment on execution of bond instead of bank guarantee.
Central and State Public Sector Undertakings appointed as custodians of EPZs, ICDs and CFSs are exempt from the requirement to furnish bank guarantees or other prescribed security; they may be appointed on execution of a bond equal to the value of goods likely to be stored for a period of 30 days.
Classification of flavoured tea
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Classification of flavoured tea: treated as tea under central excise tariff rather than as preparations under Chapter Twenty-One.
Flavoured tea is classifiable as tea under the Central Excise Tariff rather than as an extract or preparation under the extracts-and-preparations chapter. The Board reasoned that the HSN excludes flavoured tea from the extracts/preparations chapter and the Central Excise Tariff aligns with the HSN, and that items commercially known and marketed as tea fall within the tariff term for tea. The Customs Tariff's explicit reference to flavoured tea further supports this classification, and trade notices should be issued accordingly.
Refund of Central Excise duty to diplomatic missions
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Statutory time limit for refunds governs diplomatic missions' purchase claims, subject to exemption notification conditions and territorial jurisdiction.
Refunds for purchases by diplomatic and consular missions are governed by notification No.3/2001-CE and the statutory refund provisions; exemption applies only to goods for official use subject to Protocol Division certification, an undertaking on specified use, a three-year non-disposal condition, and refund claims must be filed within the statutory time limit and processed by the Commissionerate having territorial jurisdiction.
Introduction of Service Tax Code (STC) Number based on Permanent Account Number (PAN) allotted by the Income Tax – Instructions – regarding
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PAN-based Service Tax Code introduced to centralize STC allotment and streamline registration and accounting procedures.
A centralized PAN based Service Tax Code (STC) allotment system will operate via a central server accessible by divisions or Commissionerate Headquarters to key applications, ensuring unique STC codes without forwarding applications to Commissioner or DGST. Modified Annexures II and III require PAN, a structured address format, and a list of services per registered premises; centralized billing premises must supply other site details. Allotment Letters must state account heads for remittance, transitional use of existing classification codes is allowed until the cut over date, and a user guide and trade notices will be issued.
Valuation of securities
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Valuation of securities: benchmark yields and specified fallback pricing rules govern mutual fund NAV valuation uniformly.
SEBI prescribes fallback valuation for non-traded securities: most recent trade within thirty days for non-debt and within fifteen days for debt (private placements eligible for fifteen days at purchase price). A debt security is thinly traded if no marketable-lot trades occur on the valuation date. Government securities yields are grouped by duration to form a volume-weighted risk-free benchmark set at least weekly and reset on significant market moves. Specified discretionary and mandatory discounts over the benchmark apply by rating and duration. The benchmark and government security prices from an AMFI suggested agency must be used for same day valuation.
Difficulties faced by SSI
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Proof of duty payment certificates allowed for small scale industries as trade facilitation after administrative verification.
The Board directs that certificates evidencing payment of Central Excise duty may be issued to Small Scale Industries as a matter of trade facilitation, subject to due verification and without causing harassment or delay, despite the absence of a specific provision in the Central Excise Rules or Manual; field formations are to be informed and receipt acknowledged.
Service Tax on Clearing & Forwarding Agents – Clarification reg.
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Service tax applicability to clearing and forwarding agents clarified; ICDs/CFS not treated as C&F agents absent contract and principal relationship.
Clarifies that service tax applies to services of a C&F agent where there is a contract and a principal agent relationship; ICDs/CFSs, lacking agreements with importers/exporters and operating under government authority rather than as authorised representatives of a named principal, are ordinarily not C&F agents. Domestic container depots should be examined separately against the Board's contractual parameters and treated accordingly.
Placement of quantity of raw sugar from the freesale Quota for export
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Sole agency authorisation for sugar exports to designated market: pre shipment certificate removed while GSP certification procedures remain.
The procedure for issuance of the GSP Certificate and any other certification requirements specifically prescribed for export of sugar shall continue to be followed; the condition requiring a pre-shipment certificate by the Export Inspection Council is deleted, and the Indian Sugar Exim Corporation Ltd. is authorised as the sole agency to export raw sugar from the freesale quota to the designated market.
Placement of quantity of sugar from the freesale quota of 2001-2002 season for export
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Export allocation of sugar quota placed for Maldives under trade agreement and vested with Indian Sugar Exim Corporation.
A quantity of 10,000 MTs of sugar from the freesale portion of the 2001-2002 season is allocated for export to Maldives under Articles VIII and IX of the Trade Agreement and placed at the disposal of Indian Sugar Exim Corporation Ltd., pursuant to Paragraph 4.25 of the Handbook of Procedure Vol. I and with the approval of the Director General of Foreign Trade.

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Processing of refund applications filed by Canteen Stores Department (CSD).

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Refund entitlement for CSD: invoice-based GST refund procedure and inter-authority payment coordination instituted.
CSD refunds are invoice-based entitlements of fifty per cent of tax on inward supplies made subsequently to unit run canteens or authorized customers and ... Summary

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Acts Income Tax