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    Circulars
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    12/87 - 01-09-1987 Central Excise
    Central Excise - MMF - Dutiability when subjected to certain processes namely "Tapela Dyeing" - Clarification regarding
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    Exemption from additional excise duties denied when nonspecified Tapela Dyeing is carried out in the same premises, making duty chargeable.
    Man-made fabrics under Chapters 54 or 55 lose the exemption under Notification No. 297/79-C.E. if they are subjected in the same premises to any process not listed in the notification's annex; Tapela Dyeing is not listed. The proviso disqualifies exemption based on the occurrence of unspecified processes in the same factory irrespective of whether those processes use power. Tapela Dyeing involves burners and electrically driven fans and thus amounts to a process involving power, rendering the appropriate additional duty chargeable.
    Central Excise - Duty liability on 'phenolic formaldehyde moulding powder' - Clarification regarding
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    Product classification of phenolic formaldehyde moulding powders dictates they attract the higher concessional duty rate.
    The Department, relying on the Chief Chemist, treats phenolic formaldehyde moulding powders and phenolic formaldehyde resins as distinct primary resin forms; the term 'resins' is limited to resol and novolak types and does not include moulding powders, which must therefore be classified and charged at the higher concessional ad valorem rate for moulding powders, with pending assessments finalised accordingly.
    36/87 - 31-08-1987 Central Excise
    Issue of L-6 Licence and CT-2 Certificate to O.N.G.C. projects - regarding
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    Concessional procurement: prompt issuance of L-6 licences and CT-2 certificates to ONGC projects within required timeframe.
    The Board directs that L-6 licence and CT-2 certificate be issued to ONGC project units positively within 48 hours of application to permit inter project transfer of excisable goods procured at concessional rates under Notification No. 473/86 CE, thereby enabling rapid redeployment of materials between simultaneous exploration and exploitation sites.
    Customs bonded warehouse in the interior - Procedure regarding transfer of goods from the port of importation
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    Bonded warehouse reporting: waiver of physical warehousing requires submission of quarterly statements to ministry for approval.
    Cases where the Assistant Collector waives the requirement of physical warehousing for transfer of imported goods to a customs bonded warehouse in the interior must be reported in periodic statements and forwarded to the Ministry for post-facto approval; Collectors are directed to send these statements regularly.
    Returns of income below taxable limit-Whether such returns are to be accepted at the Receipt Counters
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    Acceptance of returns below taxable limit only where they meet proviso exceptions; counters must identify and accept qualifying returns.
    Returns of income below the taxable limit must not be accepted at receipt counters unless they fall within the exceptions in the proviso to the filing provision; the prescribed return forms include specific columns enabling counter staff to identify such exceptions, and Form No. 3A and company returns in Form No. 1 are to be accepted as falling within those exceptions, while statutory filings accompanied by covering letters or markings may also be identified and accepted.
    Reference of cases of film producers and artists for special audit u/s 142(2A).
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    Special audit powers urged for film producers and artists to enforce proper accounts and safeguard revenue.
    Use of compulsory special audit powers under 142(2A) is reiterated for established film producers and artists whose accounts require intensive investigation; persons obliged to keep accounts under 44A may present complex facts warranting investigative audit to protect revenue. Assessing Officers are directed to increase referrals for special audit and to circulate this instruction to subordinate officers.
    Central Excise - Approval of wrappers by jurisdictional Collectors of Central Excise under rule 93 of CE Rules, 1944 - Clarification regarding
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    Wrapper approval under rule 93(b): approve where factory name, distinguishing mark, L4 number and trade brand present.
    The Board clarified that rule 93(b) does not compel wrappers to be exact replicas of packet surface designs; approval requires only identification elements: the factory name or a distinguishing mark enabling origin tracing, the L4 number and the trade brand. Jurisdictional Collectors must not impose additional requirements beyond those expressly prescribed for wrapper approval.
    Parts and Accessories of Broadcast Television Receiver sets [Chapter 84]
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    Parts and accessories clarification: parts of broadcast television receiver sets qualify for notification benefits after punctuation interpretation.
    The phrase "parts and accessories" in Sl. No. 4(iv) of the Annexure to Notification No. 175/86-C.E. refers only to refrigerating and air-conditioning appliances and machinery, not to broadcast television receiver sets; therefore parts and accessories of broadcast television receiver sets are eligible for the benefit of that notification.
    32/87 - 14-08-1987 Central Excise
    Applicability of rule 49A in respect of exempted fabrics - Instructions regarding
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    Payment of duty on yarn at fabric stage permitted for exempted fabrics, subject to interest and procedural conditions.
    Rule 49A is an administrative amenity allowing an assessee to pay excise duty on yarn at the fabric stage, along with interest; this facility does not depend on the dutiable character of the fabrics and may be allowed even when yarn is used to manufacture fully exempted cotton fabrics.
    Accepting of invoice of Public Sector undertakings in lieu of subsidiary certificate
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    Acceptance of PSU invoices as duty documents requires correlation with gate passes before allowing excise credit.
    Invoices issued by Public Sector Undertakings may be accepted as duty paying documents for taking Central Excise credit only when each invoice is correlated with the corresponding gate pass; invoices issued by distributors are not acceptable for credit. Collectorates must align local practice to require invoice-gate pass matching as the operative verification step before allowing credit.
    Judicial approach in relation to economic offences.
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    Economic offence accountability: State and community are entitled to justice, instructing officers to pursue prosecution vigorously.
    Economic offences are deliberate, community harmful crimes for which the State and public prosecutor are entitled to an even handed administration of justice; departmental officers, standing counsels, and departmental representatives are instructed to keep the Supreme Court's observations in mind and to invoke them when handling and representing the Department in economic offence and forfeiture proceedings.
    Adhesives based on plastics and glues and adhesives other than based on plastics - Exemption under Notification No. 125/87-C.E.
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    Adhesive classification: rubber-containing adhesives treated as non-plastic for exemption purposes by guidance, irrespective of resin content.
    Applicability of the exemption depends on whether an adhesive is based on plastics or is other than plastics. Adhesives with plastics/resins as the essential ingredient are plastic based; adhesives formulated with an elastomeric rubber as an essential functional ingredient (alongside tackifiers, fillers, plasticizers and curing agents) are rubber based. Per the Explanatory Notes, adhesives containing rubber as a functional ingredient are classified as glues and adhesives other than those based on plastics, regardless of resin content.
    Project import - Applicability of exempted individual goods to goods forming part of project import
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    Project import classification prevents individual goods' exemption claims, fixing uniform tariff treatment and barring de-registration.
    Goods imported under a registered project contract are classified under the Customs Tariff provision for project imports and assessed at the uniform project rate; such goods lose their identity for tariff classification so that exemption notifications or differential rates applicable to individual goods do not apply. Once a contract is registered as a project import with the Customs House, de-registration of the whole contract or any part of it should not be allowed.
    Modvat - Tool kit supplied with the vehicle not covered by Modvat credit
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    Modvat credit exclusion for vehicle tool kits confirmed; such tool kits are not eligible for input credit.
    The circular states that a supplied tool kit is not eligible for Modvat credit under the Modvat Rules, clarifying that tool kits provided with a vehicle fall outside the scope of the Modvat Scheme and cannot be claimed as input credit.
    Central Excise - Classification of 'dipped fabrics' - Regarding
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    Rubberised textile classification: dipped fabrics treated with latex qualify as rubberised textile fabrics under tariff.
    Classification of dipped woven man-made filament fabrics that are heated, stretched and dipped in resorcinol formaldehyde latex depends on tariff heading specificity and material composition; the deposited material is predominantly rubber latex with resorcinol formaldehyde as binder, and, because note 9 to Section XI treats "impregnated" as including "dipped" and a more specific heading applies, the goods properly fall under the rubberised textile fabrics heading.
    Classification of Aqua Mineral Bisleri Treated Water under Central Excise Tariff - Regarding
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    Classification of treated drinking water as non-excisable preserves municipal water exclusion under excise classification.
    The Board examined Aqua Mineral Bisleri Treated Water-subjected to bleaching, filtration, softening and sterilisation-and concluded it remains non-excisable. The decision rests on absence of a specific manufacture provision capturing such treated water, the limited applicability of HSN explanatory notes to excise manufacture, the lack of tariff entries expressly including purified natural water, and the risk that treating these products as excisable would unintentionally cover municipal tap water.
    Polyester Films made from Polyester Chips [Chapter 39]
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    Concessional excise applicability confirmed for films produced from duty-exempt inputs, treating nil-duty inputs as duty discharged.
    The circular clarifies that the expression "duty already paid" encompasses cases where the duty on an input is nil; polyester chips subjected to a nil excise rate are deemed to have discharged leviable duty, and films made from those chips qualify for the notified concessional excise rate of 25% ad valorem.
    Central Excise - Credit of Modvat benefit of countervailing duty paid on imported colour picture tubes imported by Public Sector undertaking - Regarding
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    Modvat credit acceptance of PSU certificate allows manufacturers to claim input credit for imported colour picture tubes under countervailing duty
    Where inputs are canalized by a public sector undertaking, a certificate issued by that undertaking endorsing payment of countervailing duty qualifies as sufficient proof for assessees to claim Modvat credit; gate passes or buyer-end bills of entry should not be insisted upon. This procedure in the Modvat Guide is to be applied to colour picture tubes imported by the specified public sector undertaking so that manufacturers supplied by it may claim input credit on the basis of the undertaking's certificate.
    Foundry Grade Iron [Chapter 72, 73]
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    Excise exemption for foundry grade iron covers molten form when composition matches exempt variety for clearance.
    The excise exemption for foundry grade iron applies to iron with a phosphorous content of 0.2% and above and, because the notification does not require a solid state, the exempted variety includes molten iron of the same composition; administrative reasoning notes energy conservation in clearing molten iron for further manufacture as supporting this interpretation.
    Doubts regarding Modvat credit on foundry chemicals used in sand moulds-Reference from CCE, Coimbatore
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    Modvat credit denial on foundry chemicals: credit not admissible for chemicals used in sand mould preparation.
    The Board addressed whether Modvat credit may be claimed on foundry chemicals like sodium silicate and foundry oils used in preparing sand moulds and stated that such Modvat credit is not admissible, providing administrative guidance to field formations and assessees on the ineligibility of these consumables for input tax credit under the Modvat scheme.

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      Customs bonded warehouse in the interior - Procedure regarding transfer of goods from the port of importation

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      Bonded warehouse reporting: waiver of physical warehousing requires submission of quarterly statements to ministry for approval.
      Cases where the Assistant Collector waives the requirement of physical warehousing for transfer of imported goods to a customs bonded warehouse in the ... Summary

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