Remedial action for revenue audit objections must be initiated universally; discontinuance on legal conflicts needs Board approval.
Remedial action must be initiated for all Revenue Audit objections as a precautionary revenue measure, and completed expeditiously where objections are accepted. Discontinuance is permissible by the Commissioner for incorrect factual objections, but issues of statutory interpretation or conflicting High Court decisions require prior Board approval with a reference to A&PAC and the Statement of Facts. Cases compliant with Board instructions should be referred to the Board for decision, and Board-directed remedial actions require a compliance report within three months.

TDS on advertising clarified: advertising payments taxed lower than other broadcasting work; professional fees treated separately.
The Finance Act, 1995 treats advertising and broadcasting/telecasting (including programme production) as "work" for tax deduction at source; payments for advertising used in print or electronic media are subject to the lower withholding rate for advertising, while other broadcasting and telecasting work without advertising attracts the higher work withholding rate. Payments for professional or technical services are deductible under the separate professional-fees provision, so fees paid to film artistes and similar professionals are subject to withholding as professional fees.

Tax deduction at source rules exclude TDS on individual passenger ticket sales; charter payments remain subject to deduction.
The Finance Act, 1995 broadened the scope of section 194C to cover contracts for carriage by modes other than railways. The Board clarified that payments for purchase of individual passenger tickets from airlines or travel agents are not subject to deduction under section 194C, whereas payments for chartering an aircraft for carriage of passengers or goods are taxable under that provision; the same distinction applies to other modes of transport.

Monthly reporting of pending appellate cases required; submissions to Commissioner (Review) ensure coordination and tally with technical reports.
The Board mandates prescribed-format Monthly Statements for cases pending before CEGAT and Commissioners (Appeals), to be sent by name to Commissioner (Review) so as to reach the Board by the 20th of each month. Separate returns must be submitted for Commissioners (Appeals) and for CEGAT, and the figures must be reconciled with the Monthly Technical Reports already submitted; the requirement commences with the statement for July 1995.

Duty-free import conditions require joint filing and bond execution; warehouse DTA clearances must comply with Exim policy and duties.
Where capital goods for EOU/EPZ units are imported via a domestic leasing company, the leasing company and the EOU/EPZ unit must jointly file import documents and jointly execute the bond securing the exemption; private bonded warehouse clearances to the DTA require Exim Policy compliance and recovery of applicable customs duty at ex-bonding; conversion of DTA units with EPCG obligations to EOUs carries forward export obligations and precludes any refund of customs duty paid under the EPCG scheme, while EPCG benefits on debonding of 100% EOU/EPZ units apply to capital goods subject to duty payment and non-capital goods attract normal duties.

Technical-feature classification: refer imports to technical agencies for expert views before final customs classification and assessment.
Where classification depends on technical features, refer the matter to appropriate technical authorities for their views and decide classification after receipt of those views so that imported goods of a technical nature are correctly assessed.

Concessional duty eligibility for compressor parts hinges on both power rating and interchangeability with motor vehicles.
The amendment denies the concessional rate to compressor parts only where both conditions coexist: the part is below the prescribed power rating and is interchangeable for use with motor vehicles; the two criteria are conjunctive and must be read together, so parts meeting only one criterion remain eligible for the concessional rate.

Concessional duty for DTA clearances requires goods be identical to exported items to qualify when duly certified.
Concessional duty for 100% EOU/EPZ/EHTP/STP clearances into the DTA is available irrespective of the EXIM Policy negative list, limited to goods identical or of the same class as exported items (broad 1:1 correlation) with specified exceptions for software, rejects, scrap and waste. Percentage ceilings on value of production eligible for concession apply (e.g., software up to 25%), and eligibility must be certified by the Development Commissioner or designated officer and produced at clearance. Commissioners must issue standing orders and notices; these instructions supersede Circular No. 39/95.

Substitution of authorities under Service Tax Rules relabels collector designations as corresponding commissioner titles.
Directive under Service Tax Rules, 1994 requires that references in existing Orders, Circulars, decisions, notices and office instructions to specified Central Excise collectorial titles shall, unless context otherwise requires, be construed as references to their substituted commissioner equivalents, listing Principal Collector to Chief Commissioner, Collector to Commissioner, Appeals Collectors to Commissioners (Appeals), Deputy Collector to Deputy Commissioner and Assistant Collector to Assistant Commissioner.

Tax exemption for educational institutions does not require prescribed investment modes; separate rules govern charitable exemption applicants.
Income of an institution existing solely for educational purposes and not for profit is exempt from tax and such institutions are not required to invest their funds in the modes specified by provisions governing charitable trust investments. This clarification does not apply to institutions seeking exemption under the separate charitable-trust provisions, which remain subject to the applicable investment-mode requirements.

Detention of imported cargo: cargo may be moved to customs warehouse and containers released pending investigation.
Detention for enquiry may require removal of imported cargo to a customs warehouse, with cargo unload allowed so containers can be released for use by container agents or other importers; customs and enforcement authorities must adopt this procedure immediately and monitor detained containers to avoid unnecessary prolonged retention.

Convertible foreign exchange recognition: RBI/ECGC settlement bonds treated as convertible foreign exchange for section 80HHB relief.
RBI/ECGC bonds issued in settlement of unrealised claims of project exporters in Iraq will be treated as convertible foreign exchange for purposes of the tax incentive for profits from projects abroad because they substitute for funds realizable from Iraq and will be repatriated to India by EXIM Bank after lifting of U.N. sanctions; Chief Commissioner/Commissioner of Income tax may liberally allow extension of the six month period for bringing in convertible foreign exchange.

Perquisite on employee shares taxed when shares issued below market value; valuation depends on public offer parity and market price.
The Board treats shares issued to employees below market price as a perquisite. No perquisite arises for Government transfers or where employees are charged the same price as other shareholders/public. If employees receive shares at a lower price than other shareholders/public, the price difference is taxable as a perquisite. If offers are made only to employees, the perquisite value is the market price on the date of acceptance less the price paid by the employee.

Block assessment procedure for search cases mandates special-range jurisdiction, appraisal reports, prompt handover of seized material and reporting.
Block assessment procedure for search cases requires transfer of jurisdiction to Assistant or Deputy Commissioners (Special Range), centralized allocation in specified cities, timely notification by the ADIT to higher authorities, and preparation and forwarding of a detailed appraisal report within a prescribed period. The appraisal report must identify assessees, record search and limitation dates, summarize the basis of search, analyze disclosed income and incriminating entries, estimate undisclosed income with correlation to assets and expenditure, and propose follow-up. Seized material must be handed to the Assessing Officer and a separate register and quarterly reporting chain to the Board must be maintained.

Modvat credit reporting requirement: structured monthly returns to assess Modvat impact on revenue and capital goods.
Mandated monthly submission of three proformas to analyse revenue and Modvat availment, distinguishing PLA and Modvat components and isolating Modvat credit by source. Proforma A reports commodity-wise month and year-to-date revenue (PLA and Modvat). Proforma B records unit-level revenue trends and production with columns for clearances, Modvat and PLA. Proforma C itemises Modvat credit taken up to the month across direct local purchases, dealer purchases, imported goods including capital goods (CVD), and capital goods bought locally. Reports must accompany Monthly Technical Reports.

Drawback sanctioning power delegated to appraisers in major customs houses, subject to percentage checks and pre-audit.
Appraisers in Major Customs Houses are authorised to sanction drawback claims up to an enhanced ceiling, while appraisers at other customs stations retain a lower limit. Assistant Commissioners must perform random percentage test checks of sanctioned cases to ensure conformity with sanctioning instructions. All drawback claims remain subject to 100% pre-audit by the Internal Audit Department, and standing orders and public notices are to be issued and forwarded to central oversight offices.

Drawal of samples required: export consignments of suspected goods must undergo chemical testing and be reported to Board.
The Board directed that samples should be drawn in each and every case of export of Zinc Oxide for chemical test. Customs formations must ensure sample drawal where the nature of goods or exporter is doubtful, report detected irregularities immediately to the Board, and alert major Customs Houses so that the Board can issue further remedial instructions to prevent fraudulent drawback claims.

Standard Mark compliance: mandatory certification requirement for cement, restricting manufacture, storage and sale without licence.
Mandatory quality control requires all cement to conform to the Indian Standard Specification and bear the Standard Mark. Manufacturers must obtain Bureau of Indian Standards licence before production; the Bureau's licensing and testing procedures govern certification. Appropriate Authorities have powers to call for information, sample, inspect, search and seize; non conforming cement must be destroyed and contraventions attract penalties including forfeiture, with an appeal to the Central Government.

Advance tax payment form change: three-counterfoil challans withdrawn and four-counterfoil forms introduced; previous photocopy exception preserved.
The Board withdraws three-counterfoil challan forms for payment of advance tax and self-assessment tax and replaces them with four-counterfoil forms; where three-counterfoil challans have been used, the previous provision permitting a taxpayer to enclose a photocopy of foil No. 3 with the return under section 139(9) continues to apply.

Schedule VI amendments apply to financial years closing after the amendment; compliance required and further modifications possible.
Amendments to Schedule VI by Notification GSR No. 388(E) are prospective: the amended Schedule must be complied with for any financial year whose balance-sheet closes after 15-5-1995. The Department has received professional suggestions and, after consultation, intends to consider further modifications to the amendments in due course.