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Circulars
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HB Vol.1 - Regional offices of DGFT upgraded - App 27, 29 & 36
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Regional licensing authority jurisdictions updated to clarify export licensing, nominated agencies, and RBI exchange control coordination.
The Director General of Foreign Trade substituted Appendices 27, 29 and 36 of the Handbook of Procedures to update the list of Regional Licensing Authorities, their territorial jurisdictions, nominated agencies for gem and jewellery export promotion schemes, and the corresponding Reserve Bank of India Exchange Control department offices for administrative coordination.
424/57/98 - 25-09-1998 Central Excise
Restoring modvat credit on intermediate goods during the period 20.5.94 to 20.10.94 consequent to rescinding of Rule 56A
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Modvat credit restored for intermediate goods, enabling retrospective entitlement after rescission of proforma credit provisions.
The Central Government amended Rule 57H of the Central Excise Rules, 1944 and issued Notification No. 35/98-CE(NT) dated 1 September 1998 to restore Modvat credit admissibility for specified intermediate goods (such as covered rubber thread and covered spendex yarn) for the intervening period following rescission of the proforma credit provisions, thereby addressing the anomaly created between the rescission and its prospective correction.
Grant of IEC No. to Companies having non-resident interest
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RBI approval requirement for repatriation: IEC applications must include RBI approval for companies with non-resident interest.
Companies with non-resident interest seeking an Importer Exporter Code must furnish RBI approval detailing non-resident investment and proposed repatriation benefits when applying for IEC; RBI approval under Appendix 2A Note 1 is mandatory and not replaced by foreign collaboration approvals.
Fraudulant DEPB Scrips
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Fraudulent DEPB scrips: import clearances must be refused and incidents immediately reported to competent authorities for investigation.
DEPB scrips obtained by forged documents in the names of non existent exporters are fraudulent and no clearances of imported goods against those scrips shall be permitted. Investigations show the scrips were transferred to several parties and produced at multiple Customs stations; any attempt to clear goods against these scrips must be refused and reported to the Board and the investigating Customs office for further action.
Baggage Imports by Tourists - 'Personal Effects' for Insole/ Midsole is Must for Duty Exemption
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Baggage imports by tourists: specified personal effects allowed duty free, generally only used items exempted unless prima facie new.
The circular reproduces an operational list of goods to be treated as personal effects for duty free import by tourists under the Baggage Rules, including jewellery, cameras, video cameras, binoculars, a small television, music system, portable typewriter, permabulator, tent and camping gear, one computer, electronic diary, portable radio, professional/audio visual equipment, specified sports equipment, and one cell phone. It clarifies that the 1998 rules contemplate exemption for used personal effects and that customs need not verify newness unless items are prima facie new in original packaging indicating commercial importation.
423/56/98 - 22-09-1998 Central Excise
The order passed U/S35-E(2) does not automatically result in the recovery of the refund. Since time limit for filing appeal U/S 35E(2) is longer than the time limit prescribed U/S 11A, the SCN should proceed the proceeding U/S 35-E(2)
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Recovery of erroneous refund requires a demand under Section 11A within limitation rather than relying on review.
An order under Section 35E(2) does not by itself recover an erroneously granted refund; recovery must be effected by issuing a show cause notice and demand under Section 11A within the statutory limitation period from the date of refund. Because the appeal period under Section 35E(2) exceeds the limitation for Section 11A demands, authorities should proceed to raise timely demands under Section 11A (within six months) rather than relying on the review/appeal route.
422/55/98 - 21-09-1998 Central Excise
Procedure for clearance of goods intended for storage in a warehouse and export there from
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Export warehousing compliance: registration, bond security, running bond accounting and documentary proof required for duty free export.
The circular implements a regime for private export warehouses for specified excisable goods: registration by Form R-1 and issuance of a non-transferable certificate; execution of a B-1 general security bond with additional security; maintenance of departmental and exporter Running Bond Accounts and prescribed registers; movement under CT-1 (modified) with provisional debits converted on AR-3A; export clearance on AR-4 with acceptance of proof of export for credit; permitted diversion to home consumption on payment of duty and interest; and documentation, verification and recordkeeping requirements set out in Annexures I-VII.
HB Vol.1 Amended - Appendix 41
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DEPB rate amendment updates export product descriptions and tariff entries, with revised textile and food product classifications effective immediately.
The public notice amends export benefit schedules and product descriptions: it adds a DEPB entry in Appendix 28A for a specified non alloy forged hammer and makes the new rates applicable to exports from the notice date; it revises textile product descriptions in the Annexure to Public Notice No.6 to redefine cotton fabric, processed cotton madeups, manmade filament madeups, and manmade-cotton blended fabrics by content and finish; and it amends the DEPB rate for a food product entry in Public Notice No.16. The amendments are issued under paragraph 4.11 of the Export and Import Policy.
Replenishment licences in cases where Bank Certificate or Customs attested invoice or Shipping bills is lost
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Replenishment licence procedure clarified: lost bank or customs documents still permit obtaining gold, silver, platinum via nominated agencies.
The circular directs that the procedure prescribed in the Handbook of Procedures, Vol. I, 1997-2002 for issuing replenishment licences where the original Bank certificate, customs attested invoice or shipping bill is lost shall also apply when obtaining gold, silver or platinum from nominated agencies, ensuring the same documentary and verification steps govern precious metal procurement in lost document cases.
HB Vol.1 Para 7.4(f) - Export of Electronic Product - Scheme Announced
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Special Advance Licensing Scheme for electronics enables production based advance licences with import first, actual user compliance requirements.
The Special Advance Licensing Scheme (Appendix 53) authorises eligible manufacturer exporters of electronic products to obtain Advance licences on a production programme basis, subject to positive value addition and the requirement that imports precede exports under Actual User non transferable conditions. Licence issuance is based on applicant declarations of inputs and quantities, with technical specifications furnished to Customs at clearance. Licence holders must execute BG/LUT, record imports in DEEC (Imports) for Customs certification, and submit six monthly import/export details to the designated officer of the Department of Electronics, whose verification of input utilisation and wastage governs Customs and DGFT certification and discharge procedures.
Transfer of cases from one income-tax authority to another under the Income-tax Act, 1961, during the financial year 1998-99—Instructions regarding
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Transfer of tax cases: routine transfers suspended for computerization; exceptions require prior Board approval during the period.
The Board suspended routine transfers of income tax cases for the period 1st July to 31st March to avoid disruption from computerization, without curtailing statutory transfer powers. Exceptional transfers-sensitive matters, priority centralization/decentralization, or those required by court directions-may proceed only after obtaining prior approval of the Board.
HB Vol.1 Amended
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Advance licence conditions expanded to allow issuance without fixed norms subject to later SALC fixation and duty adjustment.
DEPB credits filed after export realisation must have FOB foreign exchange converted to rupees at the authorised dealer's prevailing buying rate on the date of realisation; the DEPB rate applies to that rupee value. Applications for credit after realisation are permitted within a limited period from the date of realisation. Advance Licences may be issued where Standard Input Output Norms are not fixed, subject to final SALC fixation within six months, with the applicant's undertaking to accept norms, pay customs duty plus interest on unutilised inputs and surrender required security; if SALC does not finalise norms within six months, the applied norms are treated as final.
RC by CSB must for Silk Exports
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Registration requirement for silk waste exports: valid Central Silk Board certificate now mandatory for export eligibility.
Amendment to Schedule 2 Appendix 1 of the ITC(HS) Classification makes exports of "Mulberry Silk Waste Not Carded or Combed" permissible only against a valid registration certificate issued by the Member Secretary, Central Silk Board or authorised representatives, pursuant to Paragraph 4.11 of the Export & Import Policy, thereby imposing an administrative eligibility condition for exporters.
General Notes for all export product Groups
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Deletion of export general note modifies the Handbook of Procedures under Exim Policy, removing the specified entry in public interest.
Deletion of Sr. No. 4 from the General Notes for all export product groups amends the Handbook of Procedures, Vol. II (1997-2002) under authority conferred by the Export and Import Policy; the Director General of Foreign Trade issued this administrative amendment in the public interest by Public Notice dated 15-9-1998.
DEEC & EPCG Scheme - Manufacturer - Exporters exempted from furnishing Bank Guarantee - Bond form prescribed
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Exemption from Bank Guarantee for registered manufacturer-exporters under DEEC/EPCG subject to export obligation compliance and solvency.
Manufacturer-exporters registered with the Central Excise Department are exempted from furnishing a Bank Guarantee under the DEEC and EPCG Schemes, subject to conditions: qualifying turnover in the preceding year, fulfilment (or non-default) of export obligations for existing licence-holders, prior export performance for first-time licence-holders, no penalisation under specified laws in the last two years, and a solvent surety certified by a bank or chartered accountant; a prescribed bond detailing obligations, duty liability on default, and recovery mechanisms accompanies the exemption.
NIU or fixed wireless terminal is not eligible to concessional rate of duty under Notif. No.23/ 98-Cus.
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Concessional duty eligibility denied for Network Interface Units as they constitute terminal equipment excluded from benefit.
The NIU/FWT, as the customer premises end unit that interfaces user apparatus with the WLL central receiver, is functionally terminal equipment; because the customs notification granting concessional duty to WLL system equipment expressly excludes terminal equipment, the NIU/FWT does not qualify for the concessional rate.
EOUs / EPZ / EHTP / STP Units- Reliefs in Execution of B-17 Bond
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B-17 bond requirements revised: bond linked to duty on sanctioned capital goods and raw material stock; surety or approved security accepted.
Execution of the B-17 bond for EOUs, EPZ, EHTP and STP units is limited to the duty on sanctioned imported and indigenous capital goods plus duty on raw materials held in stock for six months, with the unit certifying the calculation. Units must furnish either surety for that revised bond amount or an approved security equal to five percent of it; solvency of sureties may be certified by a Chartered Accountant or the surety's banker. Directors may stand as personal sureties and corporate bodies may also act as sureties.
EOUs/ EPZ / EHTP Unit- Procedure for sub-contracting revised
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Sub-contracting permissions for EOU/EPZ units require prior statutory recording and return of finished goods and wastage.
Permission to subcontract by EOU/EPZ/EHTP units is to be granted by the Assistant Commissioner; raw materials must first be received and recorded in the unit's statutory records before being sent to job-workers, and finished products plus any wastage must be brought back to the unit for accounting. Textile, garment, agro-processing and granite EOU/EPZ units may perform job-work for DTA units only if the finished goods are exported directly from the EOU/EPZ unit and not returned to the DTA.
- Classification of plastic tubes, in running length manufactured from plastic granules arising at intermediate stage of manufacture of plastic refill for ball pen whether under Chapter Heading 96.08 or under Chapter Heading 39.17.
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Classification of plastic tubes affirmed under Chapter 39.17 as plastic tubes and fittings for tariff purposes.
The Board directs that plastic tubes in running length, manufactured from plastic granules arising during intermediate manufacture of ball pen refills, are properly classifiable under the plastics tariff provision for "Tubes, pipes and hoses and fittings therefor", and that any doubt raised by trade regarding their correct classification should be removed accordingly.
421/54/98 - 10-09-1998 Central Excise
Clarifications regarding restriction of modvat credit to 95% of input duty
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MODVAT credit limitation: 95% cap applies for inputs received on or after the critical date, with specified exceptions.
The MODVAT credit ceiling of 95% of duty applies only where credit is availed under the normal input credit provisions for inputs received in the manufacturer's factory on or after 2 June 1998; credits relating to job work removals accounted for by debiting and later crediting an amount under challan are not subject to the 95% restriction; inputs received on or before 1 June 1998 remain entitled to full credit to the extent of duty paid; specified petroleum products remain governed by their separate ad valorem credit limitation.

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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