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Circulars
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Clarification on Exim Policy /Handbook of procedures related issues
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Import of second-hand spares allowed without residual-life rule, and revalidation of advance licences without bank realisation certificates.
Import of second-hand spares with second-hand capital goods is permitted under the Actual User condition without the five-year residual life requirement; additional SIL benefits in Handbook paragraphs (a)-(e) apply to exports on or after 1.4.97 while paragraph (f) applies only to exports on or after 1.4.98; Bank Realisation Certificates must not be insisted upon for revalidation of Advance licences.
SION - HB Vol.2 Amended/ Added
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Modification of standard input-output norms updates import inputs and adds product entries, altering trade procedural requirements.
The Director General of Foreign Trade amends Handbook of Procedures Vol.2 by correcting and substituting entries in the Standard Input Output Norms and adding new product entries across Chemicals, Electronics, Engineering, Sports Goods, Textiles and Miscellaneous categories; each amendment specifies export items, corresponding import inputs, permissible quantities, alternative inputs and conditional notes (including percentage caps and net to net treatment) as set out in Annexures A-G for incorporation into the Handbook.
Bonded Warehouses - Irregularities Detected
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Bonded warehouse controls require strengthened inspection, tallying and audits to prevent unlawful removal and ensure compliance.
Storage in bonded warehouses must follow physical examination and documentary verification so that the Bill of Entry and its reverse confirm declared descriptions and identification marks; at removal the Warehousing Bill of Entry must be tallied with the ex-bond (Green) Bill of Entry. Periodic and surprise audits by senior officers and Custom House audit parties, computerisation of records, mandatory status reports from warehouses for consignments held a year or more, and initiation of action under section 72 of the Customs Act, 1962 on expiry of warehousing period are required to prevent unlawful removal.
Export of twenty-five thousand MTs of Hard Milling Wheat to Iraq by M/S Balmer Lawrie & Co. Ltd., Calcutta under the United Nations 'Oil for Food' Programme during the year 1998-99
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Export authorization under Oil for Food programme enables APEDA to issue RCAC for wheat exports to Iraq.
Authorization is granted for export of Hard Milling Wheat to Iraq under the United Nations Oil for Food programme with an allocated ceiling placed at the disposal of the designated agricultural export promotion authority to enable issuance of RCAC to the named exporter; the authority must report issuance actions to the EP(Agri.II) Section and notify the statistical division.
Export of 20,000 MTs of wheat products to Maldives during the licensing year 1998-99
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Export ceiling allocation for wheat products to Maldives set; APEDA to allocate and report exhaustion.
A fixed export ceiling for wheat products to Maldives is placed at APEDA's disposal for allocation; APEDA must allocate quantities under its procedures, ensure the overall ceiling is not exceeded, report exhaustion to the Ministry of Commerce and DGFT, issue a Trade Notice to inform the trade, and furnish monthly statements with exporter name, quantity, FOB value and destination to Ministry EP(Agri.II) and DGFT statistics.
Export of Coarse grain during the licensing year 1998-99
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Export ceiling for coarse grains requires APEDA allocation and mandatory monthly exporter reporting to authorities.
A fixed export ceiling for coarse grains for the 1998-99 licensing year is placed at APEDA's disposal, with specified quantities earmarked for private exporters and PSUs. APEDA will allocate under its procedure, ensure the overall ceiling is not exceeded, report exhaustion to the Ministry of Commerce, and furnish monthly statements showing exporter name, quantity allowed, FOB value and destination.
Service Tax — De-centralisation of Service Tax work at Divisional level
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Decentralisation of service tax administration shifts assessment and collection to divisional assistant commissioners, enabling local registration and enforcement.
The Board directs de-centralisation of service tax administration from Commissionerate Headquarters to Divisional Headquarters by assigning registration, assessment and collection work to each Divisional Assistant Commissioner, who may appoint a Central Excise officer of the rank of Superintendent under his charge to perform assessment and collection, with field formations to take follow-up action to implement the decision.
Clarification on the erstwhile Pass Book Scheme issued under Exim Policy, 1992-97.. Regarding utilisation of credits
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Pass Book Scheme compliance: authorities must finalise claims and grant credits by a specified deadline to ensure utilisation.
The DGFT amends paragraph 4 of an earlier circular under the Pass Book Scheme to require that all Designated Authorities of the Scheme and Commissioners of Customs must finalise claims and grant credits, wherever admissible, and complete these administrative actions by the specified deadline to permit utilisation of credits under the erstwhile Exim Policy.
DEPB - Brand Rate Fixation - No time limit for fixation
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Time-limit relaxation for brand-rate drawback filings allows DEPB exporters to submit belated applications following the Ministry circular.
The Board relaxed the statutory filing period under the Drawback Rules, 1995 for fixation of Brand Rate drawback claims under the DEPB Scheme where exporters could not avail MODVAT/CVD or excise credit. Belated Brand Rate applications affected by the earlier deadline are permitted and shall be deemed to have Central Government permission under Rule 17, subject to remaining procedural requirements of the Drawback Rules.
Drawback - Non-availment of Modvat certification not necessary for handloom products certified by HEPC
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Drawback treatment: HEPC certified handloom exports deemed exempt from central excise for processing drawback claims without additional Modvat certification.
HEPC certification on Shipping Bills that goods are made from handloom fabrics must be treated by customs as sufficient evidence that such exports are unconditionally exempt from the Central Excise duty, and no separate certificate of non availment of Modvat is necessary for processing drawback claims.
Services provided by ‘Mandap Keepers’ and Pandal or Shamiana contractors — Clarification
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Service tax on Mandap Keepers remains payable despite exemption for pandal or shamiana contractors under budget measures.
Clarifies that Mandap Keepers remain subject to service tax because they permit temporary occupation of a mandap (immovable property including furniture, fixtures, light fittings and floor coverings) for consideration, whereas pandal or shamiana contractors provide services in preparing, arranging, erecting or decorating a pandal or shamiana and supplying items for use therein; thus the exemption for pandal or shamiana contractors does not apply to Mandap Keepers.
Export of excisable goods to Nepal - Delay in grant of rebate of Central Excise duty to HMG, Nepal - Simplification of procedure
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Rebate procedure for exports to Nepal: strict compliance and officer liability for delays in invoice dispatch.
The Board directs strict implementation of the rebate procedure for exports of excisable goods to Nepal, requiring Land Customs Officers to follow the stipulations in Notification No. 50/94-C.E. (N.T.) and its amendment, with Commissioners issuing orders to ensure prompt despatch of duplicate invoices to the Directorate General (Inspection), New Delhi, and personal accountability of border supervisory officers for any delays.
408/41/98 - 20-07-1998 Central Excise
Central Excise - Cash rebate of duty paid from 'Deemed credit register' on processed fabrics -clarification regarding
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Cash rebate from deemed credit register permitted for processed fabrics, unless drawback for the same duty is claimed.
Cash rebate of central excise duty paid from the deemed credit register on processed fabrics is permitted, consistent with earlier circulars allowing rebate from credit registers, provided that drawback for the same duty has not been claimed; exporters who have claimed drawback covering the excise incidence on fabrics are ineligible for rebate on made-up articles.
Amendments to the Industrial Entrepreneurs Memorandum
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Industrial Entrepreneurs Memorandum amendments allowed for new-form filings, subject to existing statutory and regulatory conditions.
Amendments and modifications to IEMs filed in the new form made effective from 1st July, 1998 are permitted on entrepreneur request, subject to the terms and conditions of Press Note No.17(1997) and to applicable statutes, regulations and notifications issued by Central and State Governments; earlier Press Notes had restricted amendments to clerical errors and provided for deletion of non exempt IEMs.
Clarification on the erstwhile Pass Book Scheme issued under EXIM Policy, 1992-97 -- Regarding utilisation of credits
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Pass Book credit validity limited to one year or until March deadline; authorities must grant admissible credits by December cutoff.
Credits earned under the Pass Book Scheme may be utilised for imports within one year from the date of grant or up to 31.3.1999, whichever is earlier. Designated Authorities and Commissioners of Customs are directed to finalise claims and grant admissible credits positively by 31.12.1998.
Selection and disposal of scrutiny assessments during the financial year 1998-99- reg.
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Selection of scrutiny assessments: only time barred cases processed to prioritise computerisation and collection; non time barred need CCIT/DGIT approval.
Only time barred scrutiny assessments are to be completed during the year so assessing officers can prioritise computerisation, collection and tax base expansion. Non time barred cases pending as of the instruction date shall be taken up only after 1 4 99, except where exceptional circumstances exist; such exceptions require prior written approval of CCIT/DGIT and that approval may not be delegated. Selection parameters remain as in Instruction No. 1942, and packing up of cases for scrutiny should commence only after 1 4 99.
HB Vol.1 - Gems and Jewellary Scheme
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Replenishment rules updated: rough diamond exports and Diamond Imprest Licence revalidation aligned with new filing and carriage provisions.
The Handbook of Procedures is amended to require filing applications within six months following the month/quarter when export proceeds are realised; to permit export of rough diamonds against relevant Bills of Entry for replenishment benefit; to automatically revalidate Diamond Imprest Licences for one month where advance remittance was made within licence validity but import could not be effected; to allow personal carriage of specified jewellery and stones as samples for promotion up to a monetary threshold; and to set the replenishment rate for rough uncut and unset diamonds at ninety five percent of FOB.
407/40/98 - 15-07-1998 Central Excise
Cash rebate of the duty paid from RG 23A part II as well as from RG 23C part II are permitted. The same principle will apply to the duty paid through the deemed credit register. Cash rebate of the duty paid on processed fabrics from the deemed credit register are permitted provide drawback of such duty are not claimed
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Cash rebate from deemed credit register allowed for duty on processed fabrics unless drawback is claimed.
Cash rebate of central excise duty paid from the deemed credit register is permitted on the same basis as RG-23A and RG-23C; this includes duty on processed fabrics when paid through the deemed credit register. However, where drawback has been claimed for the duty incident on fabrics (after the All Industry Rate of Drawback was modified to cover such duty), exporters claiming drawback are not eligible for the cash rebate.
Placement of 8,500 MT of Raw Cane Sugar out of free sale quota of 1997-98 season ( October to September ) for export to USA as preferential quota for the year 1998-99
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Preferential export allocation: raw cane sugar designated for USA subject to APEDA procedures and sole-agency export authorization.
A portion of the 1997-98 free sale raw cane sugar quota is allocated for preferential export to the United States for 1998-99 and placed at the disposal of the export development authority to issue export authorisations under specified procedures. A designated export corporation is the sole agency authorised to export this allocated sugar to the United States, and such exports are conditional on prescribed export documentation, including mandatory pre-shipment certification by the export inspection body.
DEPB - Exemption from Special Addl. Duty (SAD)- A few Illustrations
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Drawback relaxation powers delegated to Commissioners, subject to factual-verification guidelines and brand-rate application condition.
Delegation authorises Commissioners of Customs at the filing port to grant relaxation under the proviso to Rule 12(1)(a) of the Drawback Rules when an exporter submits a written representation; such exercise must follow the factual-report guidelines of Circular No. 74/97-Cus. and ensure drawback admissibility. Relaxation is not to be granted where a brand-rate application is required unless that application was timely filed with the Directorate of Drawback. Pending cases for which factual reports were sought by the Ministry must be disposed of by the Commissioners on the basis of those reports and merits, and the Circular should be publicised by Public Notices and Standing Orders.

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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