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Circulars
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IMPORT OF RAW SILK & SILK YARN
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Import permission for raw silk and silk yarn allowed against surrender of SIL; all silk types permitted under clarified rules.
Importation of all types of Raw Silk and Silk Yarn classifiable under the specified Exim codes is permitted against surrender of SIL under Notification No.3(RE-2000); conditions imposed earlier for Mulberry Silk do not apply to these imports, and no additional port specific or pre clearance grade verification requirements are imposed under that notification.
Place of removal --- Section 4of CEA, 1944 ; and Penalty leviable --- Section 11AC of CEA, 1944
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Place of removal interpretation: property retained during transit means valuation at buyer's premises determines central excise assessable value.
Interpretation of place of removal governs which location's price forms assessable value: where goods insured in the seller's name remain the seller's property in transit, property passes at buyer's premises and that location may be the place of removal for valuation. Equalised transit insurance charges collected in excess of actual outlay are not automatically includable in assessable value. The statutory penalty equal to determined duty is a maximum; authorities may impose a lesser penalty after considering circumstances.
Investigation/Adjudication of cases --- effective presentation of case by DR before CEGAT
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Effective case presentation: departmental representatives must thoroughly prepare and present factual and technical evidence before appellate tribunals.
Inadequate fact finding and presentation by Departmental Representatives has weakened the Department's position before the appellate tribunal; the Board directs that Departmental Representatives must thoroughly prepare, ascertain full facts and collect supporting materials including technical literature and case law, and that Commissioners must ensure adjudication orders incorporate all relevant facts and brief extracts of supporting materials so the rationale for findings is clear and presentation before the Tribunal is facilitated.
Price declaration --- Rule 173C of C.Ex. Rules, 1944 – modified for commodities notified under Section 4A
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Retail sale price rule change: package-level maximum governs and area-specific prices determine excise valuation.
Where more than one retail sale price appears on a package, the maximum retail sale price on that package is to be treated as the retail sale price; where different retail sale prices are declared on packages for sale in different areas, each declared price applies for valuation of goods intended to be sold in that area. Consequently, the Board has omitted the prior note in the prescribed declaration proforma and assessees may file fresh declarations consistent with the revised treatment.
EOUs/EPZ/EHTP/STP Units---B17 bonds – debit of only 25% of duty foregone
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Duty foregone calculation: B-17 bond debit limited to a proportion of capital goods duty rather than the full amount.
Where capital goods are freshly imported or locally procured under the B-17 bond regime, only 25% of the duty foregone shown in the Bill of Entry/AR-3 shall be debited against the bond rather than the entire duty-foregone amount, thereby modifying the earlier circular; Public Notice to be issued and implementation difficulties may be reported to the Board.
ECC Number --- report on PAN status of assessees
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PAN-based ECC allocation: refer pending cases to Income-tax officers and submit applications to secure PAN and ECC numbers.
Assessees must have the ten-character alphanumeric PAN as the basis for allotment of the New ECC Number. Commissionerate and divisional headquarters must forward lists of pending cases, with photocopies of complete PAN applications, to designated Income-tax officers to expedite PAN allotment; assessees who have not applied should be advised to file complete applications and supply copies for follow-up. Commissioners shall prioritise these steps and escalate unresolved cases to the Board; the Director General of Inspection will collate reports and commissionerates must report progress for further action.
EOUs/EPZ/EHTP/STP Units --- clarifications on provisions of EXIM Policy vis-à-vis Excise & Customs Notifications
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Trading activity expansion permits duty-free import/procurement for export under NFEP and prescribed export performance.
Amendments to Exim Policy and HOP revise entitlements for EOU/EPZ/STP/EHTP units: a new activity, trading, permits duty-free import/procurement for export subject to positive NFEP and export performance; leasing rules permit indigenous capital goods sourcing without duty; central software facilities may be accessed by DTA units for export; DTA sale, replacement, destruction and disposal rules are clarified; additional capital and infrastructure items and accessories are included for duty-free import; sectoral concessions extend to STP Call Centre Services, captive DG sets, granite quarrying equipment, and HSD for certain EOUs, with related notifications amended accordingly.
CHA --- qualification – clarification
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Graduation requirement for CHA regulation exam clarified: limited retrospective application, prior examinees and temporary licensees exempt.
The Circular clarifies that the graduation requirement for the CHA regulatory examination applies to persons sponsored by regular CHAs, but will not be enforced retrospectively against sponsored candidates who had already appeared; temporary licence holders who had already sat for the examinations and whose results were withheld will not be required to produce graduation to be considered for permanent licence, subject to other prescribed conditions.
DEPB Licensing Applications
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Electronic filing for DEPB licences mandates online submission with expedited counter processing and hard copy follow up.
Mandates electronic filing for advance and DEPB licence applications with prescribed hard-copy submission thereafter; electronically filed applications will be expedited and, upon timely submission of complete hard copies, licences or deficiency letters will be issued at the counter the following working day. Applicants must use the Identity Card counter delivery system to receive documents and ensure applications include App.11C declaration, correct fees, valid RCMC, shipping bill-wise BRCs with applicable T.T. buying rates, bifurcated values where needed, customs attested shipping bills, and accurate, non duplicate electronic entries.
Appeal against CEGAT’s orders---filing in proper forum and on proper issues
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Proper forum for appeals: file civil appeals or reference applications correctly to avoid procedural delay and loss of appellate rights.
Identify the correct appellate route under the Central Excise Act by applying appealability criteria: Sections 35G and 35L(b) determine when a civil appeal to the Supreme Court is available and when a question of law should be referred to the High Court. Misfiling reference applications in matters of classification, rate or valuation, or recommending civil appeals where references lie, has produced inexcusable delay and forfeiture of appellate rights; commissioners must carefully examine facts and legal issues in CEGAT orders to ensure correct forum selection.
Transshipment of cargo --- 25% security to be taken
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Transshipment security requirement: carriers must provide proportionate bond security; per voyage security based on average cargo value.
Transshipment of import/export cargo through gateway ports requires carriers to furnish security equal to 25 percent of the bond value; if security is furnished per voyage, it must equal 25 percent of the average value of cargo carried on that trip. Administrative instructions mandate notifying trade and departmental officers by suitable notices or standing orders, and reporting any implementation difficulties to the Board.
Liquid cargo --- finalisation of provisional assessment
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Finalisation of provisional assessment for liquid bulk cargo requires ullage survey-based quantification and similar cases to be closed.
Finalisation of provisional assessment of imported liquid bulk cargo is to be effected by final quantification based on an ullage survey conducted on board the vessel in the presence of Customs officers, the importer's representative and the vessel's master; similar provisional assessments at other Customs Houses are to be decided on the same basis and details of pending cases furnished to the Board.
Classification of Liquid Glucose - Regarding
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Classification of liquid glucose affirmed as other sugar preparations; prior administrative order withdrawn and uniformity directed.
The Board accepts the tribunal classification of liquid glucose as other preparations of sugars, withdraws the prior administrative classification order, and directs Commissioners to inform trade and officers to ensure uniformity in tariff classification.
Foreign Exchange Management Act, 1999
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Foreign exchange management rules regulate current and capital account transactions, authorising dealer duties and approval/reporting requirements.
The circular implements the Foreign Exchange Management Act, 1999 from 1 June 2000, prescribing that current account transactions are generally permitted except where prohibited or regulated by schedules and approvals; capital account transactions are regulated by detailed RBI Regulations setting ceilings, eligibility criteria, funding sources, reporting obligations and prior approval requirements; authorised dealers must obtain declarations, preserve records, refuse non compliant transactions and report suspected contraventions; and transactions outside the Act's permissions require Reserve Bank approval.
Life saving drugs --- intravenous amino acids containing carbo-hydrates/electrolytes – not eligible for duty exemption
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Duty exemption for intravenous amino acid mixtures excluded because constituent nutrients are available separately and can be combined per need.
Customs duty exemption will not apply to intravenous amino acid preparations containing carbohydrates and electrolytes because the constituent amino acids (including essential amino acids), glucose and electrolytes are available separately and can be combined and administered according to patient requirements; field formations are to follow this position and report implementation difficulties.
Drawback --- payment under EDI system – CIF/C&F price
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Freight declaration requirement: exporters must declare actual freight on shipping bills; misdeclaration triggers recovery and penalties.
Exporters must declare the actual freight paid or payable on the shipping bill or at presentation; if actual freight cannot be ascertained, a provisional declaration based on the published freight schedule is permitted, but exporters must review shipments and promptly repay any excess drawback or incentives obtained due to understatement. Misdeclaration causing revenue loss will be processed under the Customs Act, and customs will undertake verification and take action against noncompliance; supplementary claims are barred where actual freight is less than declared.
Warehoused goods --- rate on slab basis for different periods
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Warehousing interest slab basis clarified: benefit of lower slab rates applies across warehousing periods for goods.
The circular clarifies that interest on goods under the customs warehousing provision is to be charged on a slab basis, applying the graded scale period-wise so that lower rates apply to earlier periods of warehousing and higher rates only to later periods, rather than a single rate at the date of clearance.
Budget- 2000- Changes in Finance Bill- Clarifications- reg
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Transaction value rules clarified: broadened inclusions for buyer-paid charges and deduction of unpaid taxes permitted for valuation.
Finance Act, 2000 revises excise valuation by defining transaction value as the price actually paid or payable and expressly includes amounts paid by the buyer in connection with the sale (such as advertising, marketing, storage, handling, servicing, warranty and commission) while excluding duties and other taxes actually paid; value is the transaction value where goods are sold for delivery at removal and buyer and assessee are not related and price is the sole consideration, otherwise value is determined as prescribed, with tariff-valued goods excluded.
EPCG/Duty exemption schemes---clarifications; DFRC Scheme – DFRC-cum-DBK SB to be filed
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Drawback entitlement under DFRC scheme clarified: filing of DFRC-cum-Drawback Shipping Bill required and rates explained.
Exporters under the DFRC scheme may claim drawback at the All Industry Rate equivalent to the central excise duty on inputs cleared on payment of CVD provided no cenvat has been availed, or may opt for the brand rate; brand rate also applies to materials not imported under DFRC. Exporters seeking drawback under DFRC must file a DFRC-cum-Drawback Shipping Bill and field formations should issue guidance and forward copies to the Joint Secretary (Drawback).
Passengers’ baggage---screening
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Passengers' baggage screening: cease routine checks in Green Channel; use intelligence-led profiling for targeted inspections.
The Ministry directs that routine baggage screening of large percentages of passengers using the Green Channel Facility should cease; field formations must adopt intelligence-led surveillance and passenger profiling so only suspect passengers and frequent short-visit passengers are diverted from the Green Channel for targeted baggage inspection, and must report actions taken to the Board.

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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