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    Power of adjudication of Central Excise Officers- instructions reg.
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    Adjudication authority unified for senior officers; uniform monetary threshold set for medium-value central excise cases.
    The Board amended prior instructions to prescribe a uniform monetary limit for both Additional Commissioners and Joint Commissioners to adjudicate central excise cases under sections 11A and 33 of the Central Excise Act, 1944: matters where duty involved is above Rs. 5 lakh and up to Rs. 50 lakhs, applicable to extended period and other cases within that band.
    Mandatory e-filing of Central Excise Returns in ACES
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    Mandatory e-filing of central excise returns required, with specified ER forms to be submitted electronically under amended rules.
    Amendments to the Central Excise Rules, 2002 and the CENVAT Credit Rules, 2004 mandate electronic filing of prescribed ER returns via the ACES system. ER-I, ER-2 and ER-3 must be filed electronically irrespective of duty paid; ER-4, ER-5 and ER-6 remain electronically filed for assessees not exempted by notification; ER-7 (Annual Installed Capacity Statement) and ER-8 tied to specified exemptions must be filed electronically. Assessees must obtain ACES login credentials and may use divisional Help Centers for assistance.
    Procedure for supervision of stuffing and sealing of containerized cargo
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    Supervision of stuffing and sealing of containerized cargo requires prescribed advance application and FIFO scheduling for inspection.
    Exporters with factory stuffing permission must apply to the jurisdictional Range Superintendent in the prescribed format at least 24 hours in advance (or a mutually agreed shorter period) to schedule Central Excise supervision for examination, stuffing and sealing of export containers. Applications are time and date endorsed and processed on a First in First out (FIFO) basis; if range capacity is insufficient, exporters are informed to reschedule or officers will be deputed from divisional or Headquarters pools. Exporters pay MOT fees, may deposit a lumpsum in advance, and nominated officers must submit signed export documents, samples and completed examination reports to the jurisdictional range office.
    ACES- Automation in Excise and Service Tax-Hyderabad-I Commissionerate
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    Mandatory ACES usage requires all users to file excise and service tax processes electronically, with helpdesk and facilitation support.
    Mandatory implementation of ACES requires all departmental users and assessees to use online ACES modules for Registration, statutory returns, Refunds, Provisional Assessment, Exports, Dispute Resolution and Audit, with Service Desk support, Certified Facilitation Centers to act on behalf of assessees for digitalization and filing, and an LMS and help resources available on the ACES website.
    Procedure for electronic filing of Central Excise and Service Tax returns and for electronic payment of excise duty and service tax.
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    ACES mandates electronic registration, e filing of specified excise and service tax returns and electronic payment procedures for taxpayers.
    The circular mandates use of the centralized ACES system for electronic registration, return filing and electronic payment of Central Excise duty and Service Tax, prescribes registration procedures for new, existing, non assessees and LTU assessees, specifies validation, XML/template upload and CFC facilitation options, details e payment via authorized net banking and EASIEST with challan generation, and defines filing status, rejection/acceptance rules and taxpayer responsibilities including maintenance of contact details and use of PAN for statutory registration.
    Mandatory E-Filing or Central Excise Returns REG
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    Mandatory e-filing of central excise returns required; electronic ACES registration and filing procedures prescribed for all assessees.
    Mandatory electronic filing of prescribed Central Excise returns is instituted through ACES from 1 October 2011, covering ER 1, ER 2, ER 3, ER 4 (unless exempt), ER 5 and ER 6 (where not exempt), ER 7, and ER 8 for specified exemption beneficiaries. Users must register with ACES (new, existing, non assessee procedures outlined), obtain permanent user IDs and credentials, complete statutory registration forms with jurisdictional offices, and file returns either online or via offline utilities that perform validations; ACES validates uploads and provides status tracking. Digital signatures are initially not required; Customer Facilitation Centres and a service desk are available for assistance.
    Filing of appeal in the wrong forum in matters relating to valuation of determination of rate of duty – reg.
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    Forum for valuation appeals must be chosen correctly to prevent jurisdictional dismissal and limitation bar.
    Appeals on the rate of duty or value of goods must be filed in the Supreme Court where statutorily required; filing in High Courts has produced jurisdictional dismissals and subsequent limitation-barred dismissals. Commissioners must examine the dispute carefully, secure Chief Commissioner concurrence on forum selection, and ensure field formations file appeals in the correct forum to prevent loss through incorrect forum or limitation.
    Mandatory e-filing of Central Excise Returns in ACES-regarding.
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    Mandatory electronic filing of central excise returns expands required e submission and assistance obligations for assessees.
    Mandatory electronic submission is imposed for prescribed Central Excise returns under amendments to the Central Excise Rules, 2002 and the CENVAT Credit Rules, 2004. Electronic filing is compulsory for returns under Rule 12(1), Rule 17, and Rule 12(2A)(a), while ER 4 and ER 5/ER 6 continue electronically where no exemption applies. The obligation applies irrespective of duty paid in the preceding financial year. Field formations must assist assessees and inform trade to facilitate adoption of the new e filing procedure.
    Section 73(b) of the Finance Act, 2011 as applicable to Spare parts and Components of Construction Equipment - Regarding.
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    Retrospective excise levy: CENVAT credit allowed only with prescribed duty documents and certified stock records.
    Retrospective excise liability arising from packing, repacking and related operations permits manufacturers to utilise eligible input duties as CENVAT credit for payment of duty on final products, but only upon production of prescribed duty paying documents. Opening stocks as at the cut off must be declared on internal records authenticated by a chartered accountant and company directors; input credit on such stocks is allowed on the basis of available invoices/import documents. Supplementary invoices/challans for stock transfers and monthly statements of production, clearances and credit balances are required to support verification. Retail spares are valued under MRP while original equipment follows transaction value; interest waiver is not available under existing law.
    Regarding meetings, to be chaired by Chief Commissioners, of Regional Advisory Committee for organized sector and small scale industries –
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    Regional Advisory Committee constitution centralized at zonal level, chaired by Chief Commissioner to improve trade representation and coordination.
    A single zonal Regional Advisory Committee for organized sector and small scale industries shall be constituted and chaired by the Zonal Chief Commissioner, replacing earlier guidelines to the extent specified; the RAC will be advisory, include broader trade and governmental representation, and be re-constituted by the Chief Commissioner without prior Board approval.
    Regarding stuffing of export containers under supervision of Central Excise Officers.
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    Export container sealing: Central Excise officers may examine, stuff and seal containers at place of dispatch subject to conditions.
    Exporters may request Central Excise officers to examine, stuff and seal export containers at the factory, warehouse or approved premises by applying to the jurisdictional Superintendent/Inspector in advance. The jurisdictional officer shall carry out or depute staff, prepare the examination report to accompany consignment, and accept online scheduling by email to the range officer. Exporters must obtain one-time Customs permission before sealing at non-standard premises, and MOT charges apply for services at other premises or beyond normal hours.
    Export of Pan Masala-Gutkha packed in plastic sachet by 100% EOU -Application of provisions of Plastic Waste Management and Handling Rules, 2011 - regarding.
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    Plastic Waste Management and Handling Rules amend date in instruction on export of pan masala-gutkha packed in plastic sachets.
    Corrigendum to the Board's instruction on application of the Plastic Waste Management and Handling Rules, 2011 to exports of pan masala and gutkha packed in plastic sachets by an export oriented unit: paragraph 3's date is corrected to 02.07.2011 and all other contents of the instruction remain unchanged.
    Procedural issues related to Central Excise Duty on Pens - Regarding.
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    Central Excise Duty on pens: procedural clarifications on registration, invoicing, records, returns, branding and export rules.
    Registrations are not yet issued as digitally signed certificates though feasibility is under review; excisable goods may be removed once the Central Excise registration number is received. Invoices must comply with Rule 11 requirements including triplicate numbering, registration number, consignee particulars, time and date of removal and duty particulars. Daily records of production, removals and duty must be maintained, while PLA and RG23A registers are not mandatory. Quarterly return facility via ER-8 is available for notified units; ARE-1 waiver for exports is limited to notification-exempt units. CVD on inks: domestic producers may opt for lower duty without CENVAT or higher duty with CENVAT credit; lowering import CVD is not feasible.
    Regarding export of Pan Masala-Gutkha packed in plastic sachet by 100% EOU.
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    Prohibition on plastic sachets: exporting gutkha or pan masala in plastic packaging contravenes plastic waste rules, exemption unavailable.
    The Plastic Waste (Management and Handling) Rules distinguish carry bags from sachets and prohibit plastic sachets and plastic material for packing gutkha, pan masala and tobacco; the export-oriented carry-bag manufacture exemption applies only to carry bags made exclusively for export and cannot be claimed by units manufacturing pan masala or gutkha, so exporting those products in plastic sachets would contravene the Rules.
    Regarding Change of designation of officers representing CBEC in the CESTAT.
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    Officer designation change confirms departmental representatives before CESTAT as Authorised Representative and mandates internal notification.
    Re-designation of officers representing the Department before the Customs, Excise and Service Tax Appellate Tribunal mandates new titles suffixed by (A.R.)-denoting Authorised Representative-for ranks from Chief Commissioner to Appraiser (e.g., CDR Chief Commissioner (A.R.); Jt. CDR Commissioner (A.R.); SDR/JDR designations replaced by corresponding (A.R.) titles). The change is effective immediately and departments must notify subordinate officers for future correspondence.
    Regarding payment of court fee, w.e.f. 1.9.2011, by the Directorate of Legal Affairs in appeals filed before the Supreme Court.
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    Centralized court fee payment expedites departmental appeal fee deposits by shifting responsibility to a central legal unit.
    W.e.f. 1.9.2011 the centralized payment of court fee for Supreme Court appeals will be made by the Directorate of Legal Affairs, funded under "Law Charges"; directions to deposit fees previously issued to field formations will be routed to the Directorate, which will itself deposit fees, while communications issued before 1.9.2011 leave deposit responsibility with the originally directed field formation.
    Reduction of Government litigation - providing monetary limits for filing appeals by the Department before CESTAT/High Courts and Supreme Court - Regarding
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    Monetary limits for government appeals restrict filing of departmental appeals to higher fora when disputed duty falls below prescribed thresholds.
    Fixes monetary limits below which departmental appeals shall not be filed in the Tribunal, High Courts or Supreme Court, with the determinative element being the disputed duty: if disputed duty is below the prescribed threshold no appeal is to be filed, though penalty or interest exceeding the limits may permit further litigation. Exceptions require contesting adverse rulings on constitutional validity or declarations of ultra vires. The limits apply to refund cases and disputed outstanding duty (not total demand), exclude Joint Secretary revision applications, and subject accepted revenue-audit objections to the limits. The revisions take effect from the stated effective date.
    Classification of Chloroparaffins /Chlorinated Paraffins -reg.
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    Classification of chlorinated paraffins: liquid forms under chemical tariff heading; wax forms under manufactured waxes tariff heading.
    Liquid chlorinated paraffins are classifiable under the chemical/tariff heading for chlorinated organic chemical preparations in accordance with HSN Explanatory Note (B)(9). Solid chlorinated paraffin waxes are classifiable as artificial/manufactured waxes under the tariff heading for waxes following the deletion of a prior specific subheading, and trade and field formations should apply these classifications.
    Food Products prepared and served at Hotels/Restaurants or retail outlets - Regarding.
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    Excise duty on prepared food not intended for hotel, restaurant or takeaway items; exemptions issued to clarify intent.
    The Government clarified it did not intend excise duty to apply to foods prepared and served in hotels, restaurants or retail outlets, including takeaways. Accordingly, a notification exempting such food preparations and an explanatory insertion into the levy notification were issued to confirm the exemption from the commencement of the levy, and Commissioners were directed to apply this position to pending disputes.
    Export warehousing –Extension of facility at Tijara Tehsil of Alwar District in the state of Rajasthan - regarding.
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    Export warehousing facility expansion: Tijara Tehsil added as an approved location for registered export warehouses.
    The Board has amended paragraph 2(2) of Circular No. 581/18/2001-CX to add the Tehsil of Tijara of Alwar district in the state of Rajasthan to the list of places where warehouses may be established and registered for storage of excisable goods for export, thereby making Tijara an approved location for export warehousing under the procedures and conditions of sub rule (2) of rule 20 of the Central Excise Rules, 2002; field formations are to be informed and receipt acknowledged.

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      Central Excise

      Mandatory E-Filing or Central Excise Returns REG

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      Mandatory e-filing of central excise returns required; electronic ACES registration and filing procedures prescribed for all assessees.
      Mandatory electronic filing of prescribed Central Excise returns is instituted through ACES from 1 October 2011, covering ER 1, ER 2, ER 3, ER 4 (unless ... Summary

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