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    Central Excise - Classification of Coconut Oil packed in small containers - Clarification regarding
    HSN 1996- Amendment to the First Schedule to the Customs Tariff Act, 1975- Implementation
    ICDs/CFSs-Simplified Procedure
    In- bond Manufacture- New Guidelines
    Issue of annual no-objection certificate-Section 172 of the Income-tax Act of, 1961.
    Whether in cases where no tax is payable in India, the Assessing Officer shall be competent to issue an annual ‘No Objection Certificate’, valid f...
    Remittance of net reinsurance premia after deduction of brokerage-Eligibility for deduction under Section 80-O of the Income-tax Act 1961
    Duty Exemption/ EPCG Scheme- Clarifications on recent Changes
    Drawback on cotton power loom made ups permissible
    Export Promotion Returns by Customs -forms Prescribed
    Poultry and poultry products - No need for counter signature on Health Certificate
    Modvat Invoices issued by consignment agents between 1-4-1994 to 3-7-1994
    Problems faced by the Merchant Exporters of cotton madeups in getting the rebate of duty paid at the intermediate stage under Rule 12(1)(b) and Notifi...
    Treatment of tax paid under section 172(3) by non-resident engaged in shipping business - Clarification Regarding.
    Provisional release of the seized goods
    Checks on delays - Maintenance of 'Call Book' - Instructions regarding
    CFS/ ICDs/ EPZs Guidelines
    Re-import of Indian origin goods even for re-processing, re-conditioning, etc
    Central Excise - Classification of PVC leather cloth or rexine cloth - Clarification regarding
    EOUs/ Jurisdiction of Customs and Excise Defied
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Central Excise - Classification of Coconut Oil packed in small containers - Clarification regarding
Show AI Summary
Product classification of coconut oil: permitted antioxidants used only to prevent rancidity do not change tariff classification.
Coconut oil packed in small containers is classifiable as a cosmetic preparation if labels indicate hair application or if additives or processes make it a preparation for use on hair. Antioxidants permitted under Rule 59 of the Prevention of Food Adulteration Rules, when used solely to prevent rancidity, do not by themselves alter the tariff classification of coconut oil as a fixed vegetable oil.
HSN 1996- Amendment to the First Schedule to the Customs Tariff Act, 1975- Implementation
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Tariff classification changes preserve existing customs duty rates on reclassified goods, with limited specified reductions.
HSN 1996 reclassification effective 1 January 1996 reallocates items across chapters/headings. Three consequential exemption notifications were issued to maintain existing effective basic customs duty rates despite classification changes, and customs officers are instructed not to alter duty in assessment on the basis of reclassification alone. Three items-dairy spreads, certain frozen roots and tubers, and oaknut/chestnut extracts-will attract reduced duties or preferential rates on reclassification where specified preferential territories apply. Any unforeseen changes in effective duty must be reported immediately to the Board for remedial action.
ICDs/CFSs-Simplified Procedure
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Customs area designation streamlines establishment and notification of ICDs/CFSs with simplified selection and verification procedures.
Commissioners of Customs are authorised to declare CFSs as Customs areas under Section 8, after assessing need, security, suitability and credibility, inviting public proposals where appropriate, and consulting regional committees or trade; private and public sector applicants may be considered, financial standing must be verified per existing Board guidance, selection made by the Commissioner in consultation with the regional investigative office and a constituted committee, and application format follows the Board's earlier letter, with these instructions superseding inconsistent prior guidance.
In- bond Manufacture- New Guidelines
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In-bond manufacture facility: delegation to commissioners with export-orientation, customs supervision, security and compliance required.
Commissioners are authorised to grant in-bond Manufacture facility under section 65, assessing export-orientation by comparing manufactured, exported, and domestically retained values; operations must remain under customs supervision on a cost-recovery basis. Grants require financial security, applicant credibility, suitable and secured premises, absence of recent duty evasion, and compliance with the Manufacture and Other Operations in Warehouse Regulations, 1966.
732 - 20-12-1995 Income Tax
Issue of annual no-objection certificate-Section 172 of the Income-tax Act of, 1961.
Show AI Summary
Taxation of shipping profits: annual no-objection certificates allowed after DTAA verification and international traffic undertaking.
Assessing Officers may issue an annual No Objection Certificate, valid for one year, after verifying applicability of the DTAA provisions that allocate taxation of shipping profits to the resident state and confirming the non-resident shipping enterprise is engaged in international traffic; an undertaking must be obtained from the non-resident that none of its ships will operate in traffic other than international traffic during the NOC's currency.
732 - 20-12-1995 Income Tax
Whether in cases where no tax is payable in India, the Assessing Officer shall be competent to issue an annual ‘No Objection Certificate’, valid for a year, in respect of taxation of ship­ping profits under section 172, after carefully verifying ap­plicability of relevant provisions concerning taxation of ship­ping profits in double taxation agreement with country of which owner or charterer is resident
Show AI Summary
No Objection Certificate for shipping profits enables annual exemption where DTAA assigns taxation to the owner's residence, subject to verification.
The Board permits the Assessing Officer to issue an annual No Objection Certificate, valid for one year, when a DTAA assigns taxation of shipping profits to the country of residence so that no tax is payable in India; the AO must verify DTAA applicability, ensure the enterprise is engaged exclusively in international traffic as defined in the DTAA, and obtain an undertaking that none of its ships will operate in non-international traffic during the NOC period.
731 - 20-12-1995 Income Tax
Remittance of net reinsurance premia after deduction of brokerage-Eligibility for deduction under Section 80-O of the Income-tax Act 1961
Show AI Summary
Deduction under Section 80-O: brokerage retained by reinsurance agents qualifies when received in convertible foreign exchange.
When brokers deduct brokerage from gross reinsurance premia collected in India and remit net premia overseas, the brokerage retained by the reinsurance agent in India constitutes a receipt in convertible foreign exchange and is eligible for deduction under the stated provision, provided convertibility and FERA-related remittance requirements are satisfied.
Duty Exemption/ EPCG Scheme- Clarifications on recent Changes
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Interest recovery on duty default now chargeable from clearance until payment; exporters must satisfy customs with documentary evidence.
Notifications amend Duty Exemption and EPCG procedures by removing bond and licensing authority certificate requirements; interest on duty becomes recoverable from the date of clearance until payment where conditions are not met. Exporters must directly satisfy the Assistant Commissioner of Customs with specified documentary evidence: for Duty Exemption Scheme, Part F DEEC endorsement and DEEC triplicate with Shipping Bills and Bills of Lading; for EPCG, a CA certified exporter statement with export promotion Shipping Bills, Bills of Lading, and a declaration that exports used the imported capital goods. Changes must be publicised by notice and departmental orders.
Drawback on cotton power loom made ups permissible
Show AI Summary
Drawback entitlement: ad valorem rate governs claims, with per-piece cap limiting payable amount.
Where a Drawback Table entry prescribes an ad valorem rate subject to a maximum per-piece limit, the ad valorem percentage is the operative rate of drawback and the per-piece figure is a ceiling. Exporters may claim drawback computed at the ad valorem rate, and if that computation exceeds the per-piece ceiling, the payable amount must be limited to the per-piece maximum. The shipment minimum threshold that previously barred payment where total drawback fell below the floor does not apply where the ad valorem rate is specified.
Export Promotion Returns by Customs -forms Prescribed
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Ad valorem drawback entitlement: exporters may claim the prescribed ad valorem rate, capped by per-piece maximum, unaffected by per shipment minimum.
Where the Drawback Table sets an ad valorem rate subject to a per-piece maximum, the ad valorem rate is the operative legal rate; drawback is calculated at that ad valorem rate but limited by the per-piece ceiling, and the per-shipment minimum threshold does not defeat eligibility where the ad valorem rate has been determined.
Poultry and poultry products - No need for counter signature on Health Certificate
Show AI Summary
Countersignature requirement removed for poultry health certificates by designated agencies, simplifying export documentation and compliance procedures.
The requirement that Health Certificates for poultry and poultry products issued by the Directorate of Marketing and Inspection, the Export Inspection Agency and the Animal Husbandry Department of the State be countersigned by the Quarantine Officer has been dispensed with; customs and concerned offices are to be informed and suitable Public Notices/Trade Notices issued to implement the change.
Modvat Invoices issued by consignment agents between 1-4-1994 to 3-7-1994
Show AI Summary
Modvat credit acceptance of consignment agent invoices permitted subject to invoice content, registration, and verification requirements.
The Central Board specifies invoices issued by consignment agents as valid documents for Modvat credit provided: the invoices contain the particulars required by the applicable notifications; the issuers are registered under the Central Excise Rules as required by the relevant notification; and the Assistant Commissioner must verify or cross check the genuineness of the invoices and the duty paid character of the inputs before allowing credit.
Problems faced by the Merchant Exporters of cotton madeups in getting the rebate of duty paid at the intermediate stage under Rule 12(1)(b) and Notification No. 42/94-C.E. (N.T.), dated 22-9-1994
Show AI Summary
Input duty rebate allowed to merchant exporters when goods are cleared from the manufacturer's factory with AR-5 naming the exporter.
Merchant exporters of cotton madeups may claim the input duty rebate where export goods are cleared directly from the manufacturer's factory and the export AR form also names the merchant exporter, subject to fulfillment of other prescribed conditions; the Board has modified its earlier circular to reflect that the controlling rule and notification do not restrict rebate entitlement solely to manufacturer-exporters.
730 - 14-12-1995 Income Tax
Treatment of tax paid under section 172(3) by non-resident engaged in shipping business - Clarification Regarding.
Show AI Summary
Payment under section 172 treated as tax on voyage receipts, not advance tax, so no interest under sections 234B/234C.
Tax on voyage receipts under section 172 is payable before port clearance; a non-resident may elect assessment on total income under general provisions, and tax paid under section 172(4) is treated as payment toward that assessment but is not treated as advance tax. Therefore, such taxpayers are not liable for advance-tax interest provisions nor entitled to refund interest for income solely from carriage by shipping.
Provisional release of the seized goods
Show AI Summary
Provisional release of seized goods: powers vested in Commissioner I to grant releases pending adjudication on bond and security.
Powers to grant provisional release of seized goods, vehicles and documents pending adjudication shall be exercised by Commissioner-I, who issues the show cause notice and conducts the investigation. Releases are to be made on taking a bond in proper form with such security as the Commissioner requires, to ensure uniform practice and to avoid undue hardship to the owner/assessee.
Checks on delays - Maintenance of 'Call Book' - Instructions regarding
Show AI Summary
Call Book maintenance: transfer of cases to pending status requires competent authority approval and specific qualifying grounds.
Transfer of departmental matters to the Call Book is permissible only where no dispositional action can be taken for an extended period and requires approval of the competent authority. Examples include appeals, court or tribunal injunctions or stays, contested audit objections, and cases the Board directs to be kept pending; transfers must follow the Manual of Office Procedure and prior Board directions.
CFS/ ICDs/ EPZs Guidelines
Show AI Summary
Custodian obligations require secure expandable facilities, insurance, bonds and liability for lost or transshipped goods.
Custodians must provide secure, expandable premises and essential amenities, insure goods, arrange approved security, bear costs for Customs staff, and execute bonds supported by bank guarantees or equivalent to cover goods' value and duty exposure; they are liable for loss, pilferage and transshipment losses, must obtain Commissioner concurrence for structural alterations and subletting, and appointments are for a fixed initial term subject to review and termination by the Commissioner.
Re-import of Indian origin goods even for re-processing, re-conditioning, etc
Show AI Summary
Customs exemption for re-imported Indian-origin goods allows duty-free processing subject to identity, bond and re-export conditions.
Notification 158/95-Customs provides a duty exemption for Indian-origin goods re-imported for repair, reconditioning, reprocessing, refining, remaking or similar processes, subject to time limits for re-importation and re-export, identity verification by Customs, and execution of bonds (with specified bank guarantee support) securing export and payment of any duty differential on non-compliance; processing must occur under Central Excise control or customs bond, waste/scrap must be destroyed or duty-paid, and loss in quantity during specified processes is exempt from customs duty.
Central Excise - Classification of PVC leather cloth or rexine cloth - Clarification regarding
Show AI Summary
Classification of PVC leather cloth under Heading 59.03 affirmed, not Heading 39.21, guiding Central Excise assessments.
PVC leather cloth consists of PVC coated on one side of a textile base so the textile is not merely reinforcement and the fabric can be sharply bent without cracking. The exclusions in Chapter Note 2(a) for products that cannot be bent, fabrics embedded in plastic or textiles present merely for reinforcement do not apply. HSN notes describe leather cloth as textile fabrics with a plastic surface layer. Therefore PVC leather cloth is classifiable under the textile heading for fabrics impregnated, coated or laminated with plastics and not under plastics plates/sheets headings.
EOUs/ Jurisdiction of Customs and Excise Defied
Show AI Summary
Administrative control of export oriented units assigned to jurisdictional customs or central excise authorities with port exceptions.
Administrative control of export oriented units and export processing zones is to be exercised by the jurisdictional Commissioner of Customs or Commissioner of Central Excise based on territorial Commissionerates. In port towns with overlapping jurisdiction, the Commissioner of Customs will normally handle both Customs and Central Excise functions for EOUs/EPZs via delegated powers. Existing Board assignments for particular EPZs remain unchanged, and where concurrent jurisdiction exists the Central Excise Commissionerate may exercise control to allow Customs Preventive to focus on preventive work, with Chief Commissioners to readjust staff as necessary.

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Central Excise

Central Excise - Classification of PVC leather cloth or rexine cloth - Clarification regarding

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Classification of PVC leather cloth under Heading 59.03 affirmed, not Heading 39.21, guiding Central Excise assessments.
PVC leather cloth consists of PVC coated on one side of a textile base so the textile is not merely reinforcement and the fabric can be sharply bent ... Summary

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Acts Income Tax