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Circulars
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DEPB Scheme
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DEPB scheme credit rates prescribed for listed export products, with amended descriptions, caps and retrospective coverage applied.
Notification establishes DEPB credit percentages and specified value caps for listed export products, applicable to shipments from 1 4 1997 to 14 4 1998; it amends prior Public Notice references, modifies product descriptions and DEPB rates for specified chemical, engineering, plastic, textile and other product groups, and deletes particular serial entries as set out in the annexure and corrigendum.
DEPB Rate List, Appendix 28A
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DEPB credit rates schedule amended and clarified, setting product specific export entitlement rates and applicable value caps.
Notification fixes DEPB credit rates for specified export products and incorporates them into Appendix 28 A of the Handbook of Procedures, applying rates retroactively for the covered shipment period; it amends earlier notices, restores and revises specific engineering entries, assigns DEPB percentages and, where applicable, value caps for diverse product groups, and the appended corrigendum makes deletions, corrects rates and value caps, and standardises product descriptions to govern calculation of DEPB entitlements.
Conditional approval/declaration of dividend by companies
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Unconditional dividend declaration required; companies must obtain prior creditor approvals before declaring to prevent payment delays.
Companies must declare dividends unconditionally and obtain any required approvals from financial institutions or banks before declaration, so that dividend payments are not delayed by conditional declarations; Registrars of Companies are directed to take action against firms that condition dividend declarations and thereby postpone payment to shareholders.
Amendment in Public Notice No. 26 dated 14.7.1997 and Public Notice No. 59 dated 11.12.1997
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Export date extensions for sandalwood and exotic bird exports under public notices; other conditions remain unchanged.
The Director General amends earlier public notices to extend the deadline for compliance with export conditions for sandalwood products (paragraph 8) and to amend the deadline for export conditions relating to listed exotic bird species (paragraph 7). All other conditions and procedures in the cited public notices remain unchanged.
Procedures & Conditions to be followed for export of Sandalwood De-oiled Spent Dust.
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Export licensing conditions: Sandalwood de oiled spent dust requires DGFT export licence and mandatory wildlife verification before shipment.
Export of Sandalwood De oiled Spent Dust is permitted only to eligible exporters and solely against an Export Licence issued by the Directorate General of Foreign Trade; applicants must submit the prescribed licence form together with a valid export order or irrevocable letter of credit, RCMC, IE Code and, as applicable, purchase documents or Sandalwood Oil authorisation showing quantities actually exported, and consignments require mandatory physical verification by the Regional Wildlife Warden before shipment through specified ports.
Export of Sandalwood & Species of Exotic Birds
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Export deadline amendment extends compliance dates for sandalwood and exotic bird exports under existing public notices.
An amendment revises the terminal compliance dates in earlier public notices: the deadline for exports of specified sandalwood forms is extended to a later date, and the deadline for exports of listed exotic bird species is extended to a later date; all other conditions and procedures in the referenced public notices remain unchanged.
Export of Sandalwood De-oiled Spent Dust
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Export licence requirement for sandalwood de-oiled spent dust; exports restricted, subject to documentation and wildlife verification.
The Director General of Foreign Trade requires that exports of Sandalwood De-oiled Spent Dust be effected only against an Export Licence issued by the Directorate, with the Export Licensing Committee empowered to grant licences on merits and subject to conditions. Eligible exporters comprise State Government undertakings and public sector enterprises producing the by product, direct purchasers from them, and exporters authorised to export sandalwood oil, with spent dust exports linked to quantities of oil actually exported. Applications must include prescribed documentation and shipments require physical verification by the Regional Wildlife Warden, limited to specified ports.
386/19/98 - 07-04-1998 Central Excise
Coal Ash(Cinder) is an excisable commodity classifiable under heading no.2621.00
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Excisability of coal ash confirmed, treated as dutiable under tariff heading and duty realisation directed.
Coal Ash (Cinder) is an excisable good classifiable under Heading No. 2621.00, satisfies tests of marketability and distinct commercial identity, and is chargeable to the appropriate rate of excise duty; departments must ensure duty realisation for the period following removal of the prior exemption and settle pending assessments in light of these guidelines.
Minor Head of Account for service tax on goods transport operators
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Service tax for Goods Transport Operator designated under a specific minor head for payment via TR 6 challans at bank branches.
Assessees providing Goods Transport Operator services must pay service tax under a designated minor head code and remit amounts using yellow TR 6 challans at designated State Bank of India branches within the Nagpur Commissionerate; the notice aligns this allocation with earlier trade notices on minor head coding for services.
Central Excise - Excisability of Plant & Machinery assembled at site - Communication of Board's Order No. 53/2/98-CX., dated 2-4-98 under Section 37B of C.E. Act, 1944 - Regarding
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Excisability of plant and machinery assembled at site: attracts central excise duty when marketable and movable.
The Board orders that plant and machinery assembled and erected at site attract central excise duty when the assembled article is a final product distinct from its components, is specified as excisable in the Central Excise Tariff, qualifies as goods by being movable and saleable despite attachment for operational efficiency, and is marketable even if removal and dismantling are required.
Flint Buttons Import Clearance as Opthalmic Blanks to be Checked
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Misdeclaration of imports: enforcement urged to stop clearing distinct flint buttons as ophthalmic blanks for tariff benefit.
The circular directs customs authorities to treat imports of flint buttons cleared as ophthalmic blanks under a tariff concession as misdeclaration, to alert assessing officers to prevent misuse, to review past clearances of such goods, and to report any instances of misdeclaration to the Board to safeguard revenue.
385/18/98 - 30-03-1998 Central Excise
Circular 162/73/95 specifies the categories of cases, which can be transferred to call book. All such cases should be reviewed periodically
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Provisional assessment review required: immediate special review of cases in the call book and compliance with Board instructions.
Immediate administrative review required of Provisional assessment cases transferred to the Call book, reiterating that only four categories of cases may be so transferred (departmental appeals, court/tribunal injunctions, contested audit objections, or Board ordered pending cases). Commissioners must ensure strict compliance with Board circulars, undertake special review and follow-up to secure proper revenue, and furnish direct reports to the designated Commissioner within the period specified by the circular.
Samples for DTA Sale/ Export
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Sample clearance from export-oriented units permitted for display and courier export under sealed-procedure and duty compliance.
Clearance of samples by export oriented units into the Domestic Tariff Area for display or sale is permitted subject to undertakings to customs, payment of applicable duties where sale occurs, and debiting such clearances against DTA entitlements; for courier export, samples may be sealed before customs and handed to an authorised courier agent with proof of export required.
Anti-dumping Duty on PTA
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Anti-dumping duty on purified terephthalic acid clarified: exemption only when manufactured in Korea and exported by Kohap.
The notification requires both country of origin and named exporter to determine the applicable anti-dumping duty rate: only PTA manufactured in Korea and exported by M/s. Kohap Chemical Corporation is exempt. PTA exported by any other party, even if manufactured by M/s. Kohap Chemical Corporation in Korea, is liable to the higher notified anti-dumping duty. Past clearances contrary to this interpretation may be reviewed and demand notices issued.
Duty on CTV component
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Customs classification: populating a PCB does not automatically qualify imports for component rate of duty; factual assessment required.
The Circular removes an illustrative sentence that suggested populating a PCB automatically amounted to "working on" imported components and thus entitled importers to the component rate of duty. It states that the example was not intended to create an automatic rule; rather, whether components must be further worked upon is a question of fact for the assessing officer to decide based on the totality of imports, and accordingly the last sentence of paragraph 6 of the earlier Circular is deleted.
384/17/98 - 20-03-1998 Central Excise
EOU claiming benefit of exemption under notification no.8/97-CE can claim benefit under notification no.55/91 prescribing exemption from AED (Textile & Textile articles)
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Exemption entitlement for EOUs: eligibility to claim textile additional duty exemption alongside central excise exemption affirmed.
Notification No. 8/97-CE exempts specified goods made in EOUs from excise duty to the extent of excess duty over like goods produced in India, while Notification No. 55/91-CE grants a full exemption from the Additional Duty of Excise (Textile and Textile Articles) for goods produced in EOUs; both notifications operate on different statutory duties and EOUs claiming 8/97-CE are eligible to claim 55/91-CE.
383/16/98 - 20-03-1998 Central Excise
Knowledgeable officer to be posted to EOUs
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Posting trained excise officers: mandate placement and accountability to prevent procedural delays and harassment in export units.
Mandate placement of thoroughly trained Central Excise officers at Export Oriented Units where shortages exist, arranging training through NACEN and Export Promotion Councils and requiring Commissioners to hold regular meetings to verify officers' procedural competence; the officer in charge of EOUs is to be held accountable for unjustified delays and instances of harassment, which must be firmly addressed to protect export facilitation.
TRA facility extended to more ports/ airports
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DEPB TRA facility expanded to permit imports at designated alternative ports, streamlining import clearance under DEPB scrips.
Extension of TRA facility allows DEPB scrip holders registered at specified seaports, airports and ICDs to import at any of the listed locations; other holders must import at their registration port. The TRA must be issued from the port of registration to the importing customs house and include description, value, quantity, DEPB serial number, date of issue and duty entitlement, with the receiving customs house reporting import details back to the issuing office for register entry.
382/15/98 - 19-03-1998 Central Excise
Time-limit for finalising provisional assessments
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Time-limit for finalising provisional assessments: initial period with specified extensions by Commissioner and Chief Commissioner under conditions.
All provisional assessments must be finalised within six months, with a Commissioner-granted six-month extension where necessary and further extensions by the Chief Commissioner on merit. At each extension the officer must be satisfied of sufficient reasons and monitor the case. Officers must ensure provisional clearances are backed by sufficient bonds and valid security for the full extension period; bank guarantees must be renewed or strict action taken. Upon finalisation, adjustments must be made within fifteen days and bonds/securities enforced if assesssee delay risks revenue.
Notifications issued under sections 620A and 637A of Companies Act, 1956, relating to nidhis/'mutual benefit societies, explained
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Exemption from Central approval for managerial remuneration and introduction of deposits linked tiered loan ceilings for nidhis.
Notifications treat companies declared as nidhis or mutual benefit societies as member focused entities and (1) exempt them from Central Government approval for managerial remuneration where prescribed conditions are met; and (2) replace a uniform single borrower loan cap with a tiered, deposits linked ceiling structure prescribing multiple slabs for maximum advances to any one borrower.

Circulars

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Circulars

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