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Circulars
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Allocation of Head of Accounts
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Service tax accounting for goods transport operator services requires deposit under specified heads and segregation of tax and interest.
The notice directs that service tax on Goods Transport Operator Services must be deposited under prescribed Major, Minor and Sub Heads using specified SI and SCCD codes, with primary tax receipts booked under the sub head Tax Collections and interest, penalties and related amounts recorded under the sub head Other Receipts to ensure consistent classification and remittance by responsible agencies.
Embossing and Pleating
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Manufacture: embossing and pleating of fabrics classified as manufacture for excise, requiring uniform assessment and notices.
The Board concludes embossing and pleating of fabrics amount to manufacture for Central Excise classification. Pleating by mechanical deformation with heat/steam setting and embossing by heated engraved rollers produce lasting, commercially significant changes that make treated fabrics distinct from base fabrics, not merely superficial or transient. Noting analogous treatment of finishing processes such as heat setting, dyeing and printing, the Board directs that embossing and pleating be uniformly assessed as manufacture, while not reopening closed past assessments, and instructs Commissioners to notify trade and officers accordingly.
374/07/98 - 21-01-1998 Central Excise
Modvat credit admissible in respect of CVD paid on car packs imported in CKD/SKD condition
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Modvat credit admissibility confirmed for CVD on CKD/SKD car packs when treated as inputs for manufacture.
MODVAT credit is admissible on the entire countervailing duty paid on CKD/SKD car packs assessed by Customs at the rate for a complete car because Note 6 of Section XVII treats such packs as inputs for manufacture; Central Excise authorities cannot restrict or deny the full MODVAT credit under the MODVAT rules.
DEPB applications received after expiry of the prescribed date as per paragraph 7.42
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Late claim admission: delayed post export DEPB applications may be considered subject to the Handbook's late cut procedure.
The circular clarifies that post export DEPB claims filed after the time prescribed by paragraph 7.42 should be considered under paragraph 15.16 of the Handbook of Procedures (Vol. I); licensing authorities are to admit delayed DEPB claims subject to the prescribed late cut rather than summarily rejecting them.
373/06/98 - 20-01-1998 Central Excise
Prescribing the competency of DGAE officers to issue SCN
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Competency to issue show-cause notices: designated DGAE officers may issue notices with corresponding adjudicating officers assigned.
Competency to issue show-cause notices in DGAE-investigated cases is vested in specified DGAE ranks, with matched adjudicating authorities: senior officers' notices go to Commissioners, mid-level officers' notices to Additional/Deputy Commissioners, and junior officers' notices to Assistant Commissioners; adjudication competency otherwise remains governed by prior Board circulars and Commissionerate cases follow existing issuance rules.
BG for 5% of gold value (and not bond amount) obtained for nominated agencies
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Bank guarantee requirement for duty-free gold imports reduced to a fraction of gold value, easing securities for jewellery exporters.
Bonds for duty-free supply of gold to gem and jewellery exporters from nominated agencies shall be secured by a bank guarantee of 5% of the value of the gold (and not of the bond amount). This amendment modifies the specified paragraphs of the earlier circulars with immediate effect and is to be publicised by issue of a suitable public notice.
Claim SIL by EH, etc. & against Export of quality Products Form of Appln. Changed
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Amendment to certificate requirements for chartered accountants: changes to documents and deletions affecting export procedure compliance.
Amendments revise the Certificate of Chartered Accountant provisions in two appendices by deleting specified subparagraphs and notes and by amending cross reference language so that references to an earlier item of the certificate are changed to refer to the subsequent item, thereby altering documentary and certification requirements under the export procedure framework.
372/5/98 - 14-01-1998 Central Excise
Reiteration of instruction in cases of fraudulent availment of modvat credit for action against assessee/officers responsible
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Fraudulent tax credit availment: strict enforcement and reporting required; action against assessees and responsible officers.
The Board reiterates that fraudulent availment of Modvat credit necessitates stern action against the assessee and officers responsible; recipients must strictly comply with prior instructions and furnish a compliance report to the Board every six months, and acknowledge receipt of the communication.
371/4/98 - 14-01-1998 Central Excise
Launching of prosecution for fradulent /deliberate evasion of excise duty
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Prosecution for excise duty evasion mandated; Chief Commissioners must personally monitor cases and file quarterly progress reports.
Direction to initiate prosecution for fraudulent or deliberate evasion of excise duty, including wrongful Modvat credit availment, is reiterated; jurisdictional Chief Commissioners must personally monitor such cases and furnish quarterly progress reports on every individual prosecution to the Board, with acknowledgements of the circular.
370/3/98 - 14-01-1998 Central Excise
Monitoring of surprise squad to check modvat misuse by Chief Commissioner
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Modvat verification: Chief Commissioners must monitor surprise squads and submit regular performance reports to the Board.
Chief Commissioners must actively oversee the performance of surprise squads verifying Modvat Credit, monitor squad operations regularly, and submit periodic progress reports to the Board; the circular reiterates prior Board instructions and requests acknowledgement of receipt.
369/2/98 - 14-01-1998 Central Excise
Strict enforcement of modvat provisions and deterrent punishment against fradulent/wrong availment of modvat credit
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Modvat credit misuse requires strict enforcement and deterrent action against wrong claimants and disciplinary steps for negligent officials
Fraudulent availment of MODVAT credit prompted emphasis on enforcing recent Central Excise amendments (including interest and penal provisions) to prevent wrongful credit claims. Authorities are directed to take stringent deterrent action against assessees who unlawfully avail credit and to initiate proceedings against departmental officers found lax in implementing the law, establishing dual accountability to bolster compliance and safeguard the MODVAT mechanism.
Use of Form No. 16 for pensioners--Regarding
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Inclusion of pension as salary requires tax deductors to issue Form 16 when tax is deducted at source.
Pension payments are treated as salary under the Income-tax Act, and when tax is deducted at source from pensions the deductor is required to issue the tax deduction certificate in Form No. 16. This obligation does not depend on an employer-employee relationship and Form No. 16 cannot be denied merely because the deductor is unaware of the payee's other income.
Interest-tax Act, 1974--Hire-purchase transactions--Taxability of hire-charges as interest_Instructions--Regarding
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Taxability of hire-charges: treat receipts as interest only when transactions are in substance financing, not genuine hire-purchase.
Hire-purchase receipts are not automatically interest under the Interest-tax Act, 1974; Assessing Officers must distinguish genuine hire-purchase arrangements from transactions that are in substance financing. Where the arrangement functions as security for repayment of a loan-e.g., the hirer is the real purchaser but does not pay the full price and the hire-purchase company advances purchase money-the hire-charges should be treated as interest and subject to interest-tax. Examinations should consider agreement terms, relationship among parties, and manifested intention, applying the Sundaram Finance tests.
Amendments in Schedule 2 Appendix 1 of the book titled "ITC (HS) Classifications of Export and Import items 1997-2002
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Export certification requirement: textile and man made fibre exports require council certification on shipping bills under amended schedule.
Amendment inserts two 9A entries in Schedule 2 Appendix 1 requiring that exports of fabrics and made ups of natural fibres not under quota be certified on shipping bills by the Cotton Textiles Export Promotion Council, and that yarns, fabrics and made ups of man made fibre not under quota be certified on shipping bills by the Synthetic and Rayon Textiles Export Promotion Council.
Lowtech Military Stores Export Allowed
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Export permission for non lethal military stores allowed without Defence NOC, specific low tech categories listed for export.
Permission is granted for specified non lethal, low technology military stores to be exported without a No Objection Certificate from the Department of Defence Production and Supplies, listing tents; uniform and bedding; hand tools; cooking utensils; stoves and lamps; fabricated metal camp stores; hospital equipment and dressings; brushes; and packaging material excluding ammunition boxes, under authority of the Export & Import Policy.
368/1/98 - 06-01-1998 Central Excise
Ready Mix Concrete is an excisable product classifiable under sub-heading 3824.20 whereas "Concrete Mix" manufactured at the site of construction for use in construction at such site, is fully exempt vide notification no.4/97-CE dt.1.3.97(Sl.NO.51)
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Classification of Ready Mix Concrete as excisable distinguishes factory premix from exempt site-manufactured concrete for duty purposes.
Ready Mix Concrete, produced in factory-like plants with centralized crushing, automated batching, silo-fed cement, metered water and admixtures and delivered in a plastic condition by transit mixer, is an excisable product classifiable under the Central Excise Tariff, whereas concrete mixed at the construction site by conventional on-site methods for use at that site is exempt under the relevant notification.
Service Tax — `Architects’ not under ambit of services provided by Consulting Engineers
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Consulting engineer exclusion: architectural services lie outside service tax on consulting engineers, tax applies only to engineering charges.
Service tax on consulting engineers applies only to services in engineering disciplines provided by professionally qualified engineers; architectural services are a separate profession under the Architects Act, 1972 and thus do not fall within the consulting engineer service tax levy. If a single provider supplies both engineering and architectural services and issues a lump sum bill without break up, service tax is chargeable on the whole amount; with a separate invoice allocation, tax applies only to the engineering charges.
Customs Staff for Handling Addl. Work Load
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Additional customs staff requirement: prioritize cost recovery, then internal diversion, then redeployment proposals for approval.
Additional customs staff for new or expanded facilities at Airports, ACCs or FPOs must follow a three-tier procedure: seek cost recovery from the user party; if unsuccessful, examine diversion of staff within the Commissionerate; if still unresolvable, Chief Commissioner should propose redeployment or restructuring within existing manpower and forward a comprehensive proposal for administrative approval.
Customs Valuation (Determination of Price of Imported Goods) Rules, 1988 - Cases handled by Special Valuation Branch of the Custom Houses - Regarding.
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Special Valuation Branch procedures centralized; provisional assessments require investigation with strict timelines and reduced deposit obligation.
Centralisation requires SVBs at Chennai, Calcutta, Delhi and Mumbai to handle related-person and complex valuation cases; registration for SVB investigation needs Commissioner approval. Assessment Groups will determine value without SVB reference where declared price aligns with transaction, deductive, or computed values or contractual conditions govern. Cases showing prima facie related-party influence, use of deductive/computed methods, or additions under Rule 9 (royalty/licence fees, proceeds of subsequent sale, conditional payments) may be referred to SVB after provisional assessment. Extra duty deposit is reduced to 1%; investigations must be finalised within three months of SVB registration, with monitoring by Commissioners.
Advance Licences -Endorsement of Transferability
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Advance licence transferability allowed despite expired validity where export obligations were completed, subject to required DEEC logging and submission.
Advance licences under Exim Policy 1992-97 whose export obligations were completed by the cutoff date but lacked endorsement of transferability solely due to DEEC Book logging and procedural delays are eligible for transferability endorsement even if licence validity has expired, provided exporters complete logging and submit requests to the Licensing Authority within the prescribed filing period; Licensing Authorities must complete endorsement formalities by the prescribed completion deadline under the Handbook of Procedure.

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