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    Central Excise - Classification of Coconut Oil packed in small containers - Clarification regarding
    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...
    Provisional release of the seized goods
    Checks on delays - Maintenance of 'Call Book' - Instructions regarding
    Central Excise - Classification of PVC leather cloth or rexine cloth - Clarification regarding
    SSI Exemption - AR 4 Procedure for export to be followed by a unit with turnover of Rs. 30 lakhs
    Representation from M/s. Hindalco Industries Limited, Bombay regarding the problem being faced by them under Notification No. 23/95-C.E. (N.T.)
    Notification No. 35/95 dated 16-3-1995 as amended by Notification No. 84/95 dated 18-5-1995 - Dutiability of texturised and dyed yarn made from duty p...
    Availing of credit on duplicate copy of Bill of Entry generated on EDI systems - Regarding
    Disputes between CBEC and PSUs - Clearance by the Committee on Disputes - Implementation of decisions - Regarding
    Export of goods under claims of rebate
    Rounding off of Central Excise Duty in the Invoices under Rule 52A / 57GG / 57T
    Central Excise - Admissibility on rebate when duty paid through RG 23A Part II - Regarding
    Invoice - Abuse of Rule 52-A(6) of Central Excise Rules, 1944 - Need for Preventive Steps - Regarding
    Issue of certificates by Central Excise Officer regarding non-availment of Modvat Credit - Clarification regarding
    Central Excise - Classification of printed materials of advertising nature on metal plates - Regarding
    Customs and Central Excise duty on newsprint (including glazed newsprint)
    Modvat credit on glass bottles and crates used by manufacturers of aerated water - Regarding
    Notification No 110/95-CE, dated 31st August, 1995 - Forwarding of
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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.
    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.
    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.
    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.
    SSI Exemption - AR 4 Procedure for export to be followed by a unit with turnover of Rs. 30 lakhs
    Show AI Summary
    Export procedure: manufacturer exporters must use prescribed AR proforma and bond for duty-free exports to ensure compliance.
    Exports of dutiable excisable goods by manufacturer-exporters are allowed without payment of excise duty only after execution of the requisite bond with the competent Central Excise Officer and must be effected under the prescribed procedure using the AR-4 proforma; earlier inconsistent instructions are withdrawn and field formations must ensure compliance to prevent duty evasion.
    Representation from M/s. Hindalco Industries Limited, Bombay regarding the problem being faced by them under Notification No. 23/95-C.E. (N.T.)
    Show AI Summary
    Amount of duty per unit need not be stated for invoices with varied item prices when total duty is shown.
    Where a single invoice contains multiple items with different prices but attracting the same duty rate, it is unnecessary to insist on stating the amount of duty per unit in the specified invoice entries because those entries will not match; however, the invoice must always state the total amount of duty paid both in words and figures.
    Notification No. 35/95 dated 16-3-1995 as amended by Notification No. 84/95 dated 18-5-1995 - Dutiability of texturised and dyed yarn made from duty paid single yarn
    Show AI Summary
    Exemption availability: independent texturising and dyeing of purchased single yarn remains eligible for relief after interpretation.
    The Board clarifies that units which purchase duty paid single yarn and only perform twisting/texturising followed by dyeing, printing, bleaching or mercerising are not to be treated as factories "having facilities (including plant and equipment) for producing single yarn" and therefore remain eligible for the exemption under Notification No. 35/95 as amended by Notification No. 84/95; field formations must not treat independent texturizers as spinners for excise denial.
    Availing of credit on duplicate copy of Bill of Entry generated on EDI systems - Regarding
    Show AI Summary
    Modvat credit documentation: duplicate EDI-generated Bill of Entry accepted for credit under Rule 57G via Rule 57H(4).
    Exercising powers under Rule 57H(4), the Board prescribes the duplicate copy of the Bill of Entry generated on EDI systems as the document for allowing Modvat credit; pending cases should be decided accordingly and trade and field formations informed.
    Disputes between CBEC and PSUs - Clearance by the Committee on Disputes - Implementation of decisions - Regarding
    Show AI Summary
    Clearance by Committee on Disputes: parties must implement COD decisions and report compliance within thirty days.
    Where the Committee on Disputes refuses permission for further litigation, appeals must be treated as withdrawn and tribunals/courts apprised so pending dues can be recovered; where other directions are given, minutes should be communicated to expedite proceedings. Concerned Commissioners must furnish compliance reports in the prescribed proforma-retrospectively within thirty days of this circular and for future COD minutes within a similar period.
    Export of goods under claims of rebate
    Show AI Summary
    Subsequent processing for export permitted under Rule 12(1)(b) with Commissioner approval and AR-5 supervision.
    Subsequent processing of duty-paid goods for export is permissible only under Rule 12(1)(b) with Commissioner approval and specified safeguards: processing at a Commissioner-approved place ("warehouse"), export under proforma AR-5 generated at that place, opening of input packages under excise officer supervision with sampling and testing to verify duty-paid character and composition, declaration of input-output ratio, and defacement of invoice copies. Discrepancies found on verification bar export under Rule 12(1)(b); alternative export routes such as drawback may be available. Prior inconsistent circulars are superseded.
    Rounding off of Central Excise Duty in the Invoices under Rule 52A / 57GG / 57T
    Show AI Summary
    Rounding off excise duty to the nearest rupee required; duty must be shown in words and figures to prevent invoice tampering.
    The Board mandates that duty amounts in invoices under Rule 52A / 57GG / 57T be rounded to the nearest rupee in accordance with the statutory rounding requirement, and that the rounded amount be indicated both in words and in figures to prevent fraudulent inflation of duty and improper availing of Modvat credit.
    Central Excise - Admissibility on rebate when duty paid through RG 23A Part II - Regarding
    Show AI Summary
    Cash rebate entitlement affirmed for duties paid through RG 23A Part II under Modvat guidance.
    Clarification that cash rebate is permissible under the Modvat framework where duty has been discharged through RG 23A Part II, by reference to the rebate instructions set out in Circular No. 21/89-CX.6; the circular inserts a new paragraph after para (xiv) of the consolidated Modvat instructions to confirm that eligibility.
    Invoice - Abuse of Rule 52-A(6) of Central Excise Rules, 1944 - Need for Preventive Steps - Regarding
    Show AI Summary
    Invoice serialisation compliance prevents invoice number misuse and mandates printed running serial numbers to deter duty evasion.
    The circular identifies misuse of invoice numbering-where serial numbers are not pre printed and are hand written or assigned later-as a means to evade excise duty. It directs surveys of duty paying units to ensure invoices bear printed running serial numbers for the whole financial year, mandates prompt offence proceedings for infringements, placement of noncompliant units on suspect lists, intensified surveillance of clearances, and strict field implementation of related recordkeeping rules.
    Issue of certificates by Central Excise Officer regarding non-availment of Modvat Credit - Clarification regarding
    Show AI Summary
    Non availment of Modvat Credit: certificates may be issued where monthly reversal occurs before periodic return filing.
    Where a manufacturer/exporter reverses Modvat credit at the end of each month for all exports of that month and before filing the RT 12 return, the Range Superintendent may issue the requisite certificate of non availment of Modvat credit on the exporter's copy of AR 4/AR 4A or an attested copy, after verifying range records including RG 23A, defaced invoices, RT 12 returns and the Range's copy of the relevant AR 4/AR 4A.
    Central Excise - Classification of printed materials of advertising nature on metal plates - Regarding
    Show AI Summary
    Classification of advertising metal plates as advertising sign plates under tariff Chapter determines their excise classification.
    Printed metal plates functioning as advertising signs are classifiable under Chapter 83 as advertising sign plates because their essential character is advertising function; the more specific heading governs and Chapter 83 is aligned with the HSN which excludes metal sign plates from the printing chapter.
    Customs and Central Excise duty on newsprint (including glazed newsprint)
    Show AI Summary
    Newsprint duty exemption expanded: product-specific customs relief and excise relief tied to registered mills supplying registered newspapers.
    Amendments make customs exemptions for newsprint product-specific so eligible newsprint is fully exempt from basic and additional customs duty without prior end use conditions, and extend full exemption to certain mechanical wood pulp paper within the specified paper subheading. Excise exemptions previously tied to import entitlement certificates are replaced: newsprint is exempt from excise duty when manufactured by a mill registered under Schedule 1 of the Newspaper Control Order, 1962 and supplied to a newspaper against its purchase order, with "newspaper" defined under the Press and Registration of Books Act, 1867.
    Modvat credit on glass bottles and crates used by manufacturers of aerated water - Regarding
    Show AI Summary
    Modvat credit on glass containers allowed only if container cost is included in product value, factual determination required.
    Modvat credit for glass bottles and crates is allowed only if the cost of those packing materials or containers is included in the value of the final product; following the change from specific to ad valorem duty for aerated waters, each claim must be subject to factual examination to determine whether such inclusion exists, and pending cases should be decided on that basis.
    Notification No 110/95-CE, dated 31st August, 1995 - Forwarding of
    Show AI Summary
    Exemption for processed polyester filament yarns - no further duty after texturising or draw twisting when duty already paid.
    Notification No. 110/95 CE exempts dyed, printed, bleached or mercerised polyester filament yarn from further excise duty where excise duty has been paid at the texturising or draw twisting stage, so no additional duty is leviable after that stage regardless of unit type. Valuation for captive use follows normal practice; where no outside sale of textured yarn occurs, valuation of the processed yarn must be determined under the Central Excise (Valuation) Rules, 1975. Commissionerates must submit monthly data on units availing the exemption, invoice prices, base textured yarn values, and unit capacities.

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      Central Excise

      Export of goods under claims of rebate

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      Subsequent processing for export permitted under Rule 12(1)(b) with Commissioner approval and AR-5 supervision.
      Subsequent processing of duty-paid goods for export is permissible only under Rule 12(1)(b) with Commissioner approval and specified safeguards: ... Summary

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