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Circulars
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705 - 20-06-1995 Income Tax
Procedure regarding grant of approval under section 80RRA of the Income-tax Act, 1961
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Deduction under section 80RRA requires approval; applications must include signature, full address, PAN and employer certificate.
Tax deduction for foreign currency remuneration by technicians is contingent on prior administrative approval; approvals are delegated to the Joint Secretary (F.T. & T.R.) and multi year approvals are used for merchant navy personnel. Applications must be signed, filed in duplicate with the applicant's full postal address, state the income tax assessing authority and PAN (or PAN application evidence), include the employer's original signed certificate detailing total and foreign remuneration for relevant years, and, if filed through a representative, include a letter of authority.
Foreign experts-import (baggage) Not exempt from duty
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Customs duty responsibility clarified: sponsoring agencies must bear import duties on experts' eligible personal and professional items.
The Department of Economic Affairs authorised a list of personal and professional articles for duty free import by foreign experts subject to the execution of the usual certificate of undertaking, including vehicles, audiovisual equipment, one personal computer, refrigerators, and air conditioners. The Central Board of Excise & Customs subsequently stated that such imports are not exempt from customs duty and that the customs duty on those items must be borne by the Ministry/Department/agency sponsoring the expert.
DEEC Scheme misuse
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DEEC Scheme misuse: fraudulent export misdeclarations flagged, field formations urged to detect, verify and report similar abuses.
Misuse of the DEEC Scheme was evidenced by repeated fraudulent export and import declarations-including deliberate misdescription, falsified packing and markings, misuse of seals, and fabricated manufacturing links-resulting in understated customs value. Field formations are instructed to use these patterns as indicators of fraud, to increase physical examination and verification, document market-value discrepancies for revenue-loss assessment, and report similar attempts or additional information promptly to central enforcement channels.
Public/ Private bonded warehouses procedure liberalised
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Bonded warehouse liberalisation allows private custodians and broader private licensing subject to security and financial safeguards.
Policy now permits private operators as custodians of public bonded warehouses subject to Commissioner scrutiny of financial viability, credibility, past compliance, expertise, premises suitability and security, and acceptance of customs officer cost-recovery or MOT/supervision charges. Private bonded warehouse licences are to be decided by Commissioners without Board reference, with no restriction on types of goods; licences should be granted where applicants are financially sound, credible, free of recent customs or excise evasion, and premises are suitable and secure. Pending applications will be processed accordingly and implementation difficulties reported to the Board.
New Duty Drawback Rates effective 16.6.95- CBEC Instructions
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Drawback harmonisation with tariff headings mandates claims under revised sub headings and monitoring of anomalous payments.
All Industry duty drawback rates effective 16.6.1995 are harmonised with Customs Tariff chapter headings; exporters must file claims using revised sub heading numbers. Composite entries were split to align products with tariff chapters while retaining existing descriptions and prescribing common drawback rates. Commissioners must monitor payments for distortions and report errors; required certifications should be incorporated into all copies of AR 4. Staff must note the revised Drawback Rules and issue Trade Notices and standing orders to ensure correct implementation.
Evasion of excise duty on fabrics - Regarding
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Exemption condition change restores in factory processing requirement; authorities must intensify controls and report regularly to prevent evasion.
The amendment restores the prior eligibility rule that fabrics must not be subjected to processes other than the specified processes within the same factory, replacing the requirement to have bleaching, printing and dyeing facilities. Removal of the facility-based restriction raises the risk of excise duty evasion; authorities are instructed to intensify surveillance, apply strict physical controls where needed, and send consolidated monthly reports through Principal Collectors to the Board for a limited period to detect and prevent evasion.
EPCG Scheme- CBEC Instructions on New Policy / Procedure
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Export obligation compliance requires bonds with bank guarantees and monitoring, with duty recovery for periodic shortfalls.
Importers under the EPCG Scheme must execute bonds with bank guarantees and meet prescribed export obligations year wise or block wise; failure to meet periodic minima results in recovery of proportionate duty foregone or, upon continued shortfall, liability for the entire duty foregone. The Commissioner of Customs where the licence is registered is responsible for monitoring compliance, maintaining registers and records, verifying that imported assemblies constitute complete capital goods, and ensuring exporters produce licencing authority certificates evidencing discharge of obligations.
Special VBAL Scheme for RMG - CBEC Instructions
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Value Based Advance Licensing enables back-to-back import LCs with strict trimmings limits and actual user conditions for garment exports.
Revisions create Scheme 'A' and Scheme 'B' under the Special Value Based Advance Licensing for ready made garments. Scheme 'A' permits Brand Rate drawback, caps trimmings and embellishments at 20% of licence CIF value, enforces actual user use of inputs in exported garments, and requires bonds with bank guarantees. Scheme 'B' ties licence entitlement to the buyer's irrevocable letter of credit, allows back to back overseas LCs up to 50% of that LC, restricts trimmings and sample yardage to 3% of the back to back LC, mandates physical import before export, and applies drawback, bond and non transfer conditions.
Export obligation Non-fulfilment - Adjudication not necessary for initiating action
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Nullification of export not prerequisite for import adjudication; fraudulent exports admissible as evidence in import proceedings.
Initiation of proceedings for import violations under the Duty Exemption Scheme does not require prior separate adjudication to nullify exports; evidence of fraudulent or procedurally defective exports may be adduced and relied upon by the authority adjudicating the import offence, and departments should issue instructions to field formations to proceed accordingly.
Measures to avoid misuse of Modvat credit - Regarding
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Modvat credit verification: reconcile RG 23A entries with original duty documents promptly to ensure genuineness of credit.
Range Superintendents must compare all relevant entries in RG 23A Part I and II with duty amounts and particulars on original duty-paying documents (duplicate copies issued under the applicable rules) before defacement, to ascertain correctness and genuineness of Modvat credit claimed; this reconciliation must be completed promptly within the prescribed short period after receipt of records.
Transfer of Residence Form Revision
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Transfer of Residence form: remove restrictive resale clause; one firearm allowed but must remain non-transferable during owner's lifetime.
Customs Transfer of Residence forms must have the clause banning sale or display of baggage until market price falls below 50% removed because the Baggage (Conditions of Exemption) Rules, 1975 were rescinded; action and intimation to the Board are required. One firearm of permissible bore may be imported under Chapter IV of the Baggage Rules, 1994, but the firearm must not be sold, transferred, loaned or otherwise parted with during the lifetime of the importer, and customs shall endorse this restriction in the arms licence and passport at clearance.
Passbook scheme for duty free imports -CBEC Instructions
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Pass Book Scheme credits basic customs duty on inputs for exports, usable against import duties after official verification.
Pass Book Scheme allows crediting of basic customs duty on inputs used in export production into a pass book held by a designated authority; exports must be on Shipping Bills declaring scheme use, applicable Standard Input Output Norms, and a waiver of drawback or advance licence benefits. Credits require verification by the Assistant Commissioner of Customs, are limited to basic duty, and are valid for specified periods. Imports against pass book credits require Bills of Entry to show duties leviable but for exemption so designated authority can debit the pass book and endorse the Bill of Entry.
Re-import of exported goods - Duty leviability explained
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Re-import duty liability: re-imported goods are generally liable to customs duty like first imports, subject to limited exemptions.
An amendment makes re-imported goods liable to customs duty as on first import, with two notifications limiting or specifying levy: drawback/rebate-claimed or bonded exports must pay duty equal to drawback or unpaid excise; goods returned after repair are dutiable on the fair cost of repairs including materials, insurance and freight; other goods not claiming benefits at export may be re-imported duty-free subject to identity and time conditions, but exemptions exclude certain export-oriented units and goods exported under export obligation schemes or from bonded warehouses.
Ovaprim imported before 16/3/95 are also entitled to duty exemption
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Concessional customs duty on Ovaprim upheld despite tariff chapter omission, requiring grant of the specified concession.
Concessional customs duty for Ovaprim applies even though it is classifiable under Chapter 38 which was not mentioned in the earlier notification; the Board relies on the Supreme Court principle that benefit of a notification cannot be denied to an item specifically mentioned merely because the correct chapter heading was omitted, and pending cases should be disposed of accordingly.
Customs refund applications regulations - CBEC clarification
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Interest on delayed customs refunds begins from receipt of a complete claim; timely filing avoids departmental interest liability.
Interest is payable on delayed refunds of customs duties, calculated from the date of receipt of a complete refund application; incomplete applications must be returned within ten working days and complete applications acknowledged within the same period, with an initial interest-free processing window starting on receipt of the complete claim.
Issuing of Invoices under Rule 57GG for supplies to OEM - Regarding
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Consignment invoice requirement: invoices must accompany each lot during transit and be endorsed at vehicle transfers after verification.
Transfer between vehicles is permitted for multi-destination dispatches, but every independent consignment must be accompanied throughout its journey by a consignment invoice issued under the applicable rule; at any intermediate transfer the invoice must be endorsed with the new vehicle number by the jurisdictional Range Officer after verification of the goods.
Interest on arrears of confirmed demand
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Interest on arrears of confirmed customs demands requires expedited adjudication and strict monitoring to protect revenue.
Interest is leviable on delayed payment of confirmed customs demands under newly enacted provisions, with interest running from the day after a three month period following the date of determination of duty in an order confirming duty not levied, short levied, or erroneously refunded. The circular mandates expedited adjudication, maintenance and review of registers of unconfirmed demands, prompt settlement of internal audit objections within three months, and supervisory inspection and standing orders to prevent delays between decision and communication of orders.
Interest on delayed refunds (proposed Section 11BB) - Regarding
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Interest on delayed refunds: department must pay interest when refund processing exceeds statutory timeframes; procedural safeguards required.
Interest under proposed Section 11BB becomes payable where refund applications are not processed within the statutory period counted from receipt to cheque dispatch. Applications must be filed at the Assistant Collector, immediately scrutinised by an officer not below Inspector, and an acknowledgement issued within 48 hours. Deficiency letters, approved by a Superintendent, must be issued within 48 hours when applications are incomplete, and the statutory period is tolled until all requisite information is received. Named officers should be designated to carry out initial verification, and a detailed document checklist is annexed for different refund categories.
Changes in the provisions relating to Drawback in the Customs Act, 1962 by Finance Act, 1995 - Re-export of Imported Goods, (Drawback of Customs Duties) Rules, 1995 and the Customs and Central Excise Duties Drawback Rules, 1995
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Interest on delayed drawback payments introduced, with procedural rules for filing, acknowledgments, and recovery obligations.
Amendments enlarge drawback entitlement to include processed goods, introduce entitlement to interest on delayed drawback payments and on unrepaid erroneous payments, authorize retrospective All Industry Rates by notification, and empower rule making. The 1995 Rules replace prior rules and prescribe claim procedures, deemed filing dates for postal exports, acknowledgment and deficiency memo timelines, testing time exclusions, extension for sufficient cause, provisional payment mechanisms with bonds, treatment of pending claims with interest entitlement, and recovery procedures where excess drawback was paid.
Courier imports - Normal duty but benefit of exemption notifications available - Imports of gifts/ /samples are duty free upto specified value and documents
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Courier import classification: goods assessed on tariff merits, replacing uniform baggage duty and enabling simplified clearance procedures.
Courier imports are removed from baggage classification and must be assessed under their proper customs tariff headings by merit assessment. The Courier Imports (Clearance) Regulations, 1995 apply to imports by an authorised courier on scheduled passenger flights at specified airports, establish registration and security requirements, divide consignments into documents, samples/gifts and dutiable goods, provide simplified Bills of Entry and a value threshold for duty free samples/gifts, and require compliance with EXIM Policy and normal Bill of Entry filing where necessary.

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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