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    145th Report of the PAC (8th Lok Sabha) 1988-89 Para 2.04 of the report of the C&AG of India for the year ending 31-3-1987 (Revenue Taxes) relating to Central Excise - Price Lists
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    Valuation cell reform urged to strengthen excise valuation accuracy; instructions issued for monitoring and reporting.
    PAC criticism prompted enhanced oversight of Central Excise valuation cells: undertake frequent spot studies by senior officers, ensure continuous information exchange among Collectorates and headquarters branches to secure classification/valuation uniformity, and maintain updated access to instructions, case law and field information. Launch an improvement exercise in each Collectorate and submit a progress report to the central directorate by the prescribed compliance date.
    Photographic films obtained by process of cutting/slitting and perforation of jumbo rolls of photographic films - Excisability
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    Excisability of photographic film: films from cutting, slitting and perforation of jumbo rolls treated as manufacture, excisable.
    Photographic films produced by cutting, slitting and perforation of jumbo rolls constitute a manufacturing process and are excisable goods. The sequence of operations-slitting into 35 mm rolls, perforation, printing of frame numbers/trade marks/bar codes, trimming, winding onto spools and assembly into cartridges-converts an intermediate jumbo roll into a finished product ready for use. Tariff identity between jumbo rolls and finished film does not preclude excisability; such films shall be treated as excisable and leviable to Central Excise duty.
    Assessment of ship stores of daughter vessels engaged in lightening of mother vessels
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    Duty exemption for ship stores of daughter vessels engaged in lightening mother vessels; diversion to coastal run attracts duty.
    Daughter vessels arriving from foreign ports solely to lighten mother vessels and returning to foreign ports shall not be charged duty on ship stores consumed during lightening operations; if diverted to a coastal run the vessel will be treated as a coastal vessel and duty will be chargeable on stores consumed thereafter.
    Modvat credit of duty-paid on flattened containers utilised for packing of Food/Fruit/Vegetable product - Regarding
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    Modvat credit on duty-paid flattened metal containers allowed when reformation into cans occurs within the manufacturer's factory.
    Modvat credit is allowable on duty-paid flattened metal containers treated as 'metal containers' where they are procured flattened to facilitate transport and reformed into cans within the manufacturer's factory; such flattened containers that have discharged duty and are brought to the user's factory in that condition may be regarded as direct input and credited, notwithstanding earlier guidance about ready-to-use packing material.
    Registration of documents under amended regulation 17 of the Companies Regulations, 1956
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    Defective company document registration: notice and correction period required, then documents recorded with annexures and fee compliance.
    Amendment to Regulation 17 requires issuance of a notice by certificate of posting on filing a defective company document identifying the defect and giving a 15 day correction period; documents should be ready for correction and, if defects are not removed within 15 days, the document is to be taken on record with the office copy of the notice, and any subsequent filings must be annexed pursuant to the annexure requirement.
    Time period for finalisation of Adjudication - Regarding
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    Time limit for adjudication must be observed, cases finalised within the prescribed period and trade notified.
    The Board reiterates that adjudication of cases arising from show cause notices should be completed within a maximum period of six months from the date of issue of the show cause notice, and directs that this time limit be adhered to to prevent undue delays. The instruction must be communicated to the Trade and field formations through Trade Notices, circulars, public notices or office orders to ensure procedural compliance and timely case disposal.
    Problems brought up in 33rd Advisory Council - Visits to SSI Units by Central Excise Officers
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    Visits to small-scale industrial units must have Assistant Collector permission, and officers must record entries in Visitor's Book.
    Central Excise inspectors may visit small-scale industry premises only with the specific permission of the Assistant Collector and for a stated purpose; this restriction extends to Preventive and Internal Audit parties. Inspecting officers must enter relevant particulars in the Visitor's Book maintained by the licensee, reiterating prior departmental instructions prompted by representations about unauthorised visits and failures to sign the Visitor's Book.
    Problems brought up in 33rd Advisory Council - Export of excisable goods from duty-paid stocks outside factory premises under claim for rebate of duty - Regarding
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    Export of duty-paid excisable goods permitted under claim for rebate subject to prescribed application, verification and documentation requirements.
    Export of duty-paid excisable goods from stocks outside the place of manufacture is allowed under claim for rebate provided the exporter files a written application with the Superintendent where goods are stored, submits Form AR-4/AR4(A) in quintuplicate with prescribed particulars, and obtains verification and endorsement by Central Excise officers. Supervision charges apply; copies of AR-4/AR4(A) are distributed to exporter, originating range, maritime Collector and accounts offices for verification and post-audit. Goods must be exported within six months of removal (subject to extensions up to two years by the Collector) and rebate claims with proof of export filed within the statutory period; goods must be factory-packed and linkable to duty documents.
    5108/1992.
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    Tax Deduction at Source non-compliance risks interest, penalties and prosecution; banks urged to ensure accurate withholding and valuation.
    The instruction emphasises Tax Deduction at Source (TDS) under Chapter XVIIB, identifies recurring non-compliance by some banks-short deductions and incorrect perquisite valuation-and warns that such lapses attract interest, penalties and prosecution; it directs responsible officers to ensure scrupulous compliance and to approach the local tax authorities for clarification or assistance.
    Issue of certified copy of (or) authenticated photocopy of gate pass against original gate pass - In case original gate pass is lost or misplaced - Regarding
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    Gate pass certified copy: fiscal credit not allowed where original GP1 is lost; no subsidiary GP1 issued on copies.
    Following amendments permitting endorsements on GP1 and to the Central Excise Rules, earlier instructions allowing credit on certified or authenticated copies of an original GP1 lost in transit are withdrawn. No Proforma/Modvat credit will be allowed based on certified copies or authenticated photocopies of the original GP1, and no subsidiary GP1 will be issued on the basis of such copies.
    5107/1992.
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    Tax Deduction at Source obligations require strict withholding and timely remittance to prevent interest and penalties.
    Payment-makers must deduct and remit tax at source under TDS and collection-at-source provisions for various payments including salaries, contractor payments, interest, lottery winnings and specified sales; failure to deduct or incorrect deduction attracts interest, penalty and prosecution. Observed lapses in some State departments include non-deduction and short deduction, including on compensation interest. Administrative reinforcement from senior State officials to disbursing authorities and continued enforcement by the Income-tax Department are urged to improve compliance and protect revenue.
    Licences - Issue of licences under Duty Exemption Scheme based on the norms fixed in individual cases
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    No repeat licences based on individual input-output norms; licences only where standard norms are notified and within delegated powers.
    Licensing authorities must not issue repeat licences under the Duty Exemption Scheme based on norms fixed in individual cases unless those norms are included in the standard input-output and value addition norms; value-based advance licences may be issued only for products for which standard norms have been notified and all licences must be granted within the delegated financial powers of the licensing authorities.
    Certain clarifications regarding the new simplified procedure for small businessmen
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    Simplified taxation scheme allows small retailers and vocations to pay via prescribed form at banks, limiting routine inquiries.
    A simplified tax regime allows small traders, eating house owners and certain vocations to pay income tax by filing Form No. 4A/4B and remitting tax at bank counters; eligible vocations are limited to low intensity manual or service trades excluding professional occupations. Participation is subject to turnover and income ceilings and aggregate non business income limits (with section 80L deduction). A valid filing shields the taxpayer from further survey questioning about the declared business for the covered years and the Department will not open enquiries for earlier or those covered years by reason of such filing.
    1905/1992.
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    Valuation Officer referral required where Schedule III mandates market value, making referral mandatory under wealth tax rules.
    A reference to a Valuation Officer under section 16A is permissible only where Schedule III requires market value to be taken for assessment; such reference is mandatory when section 16A(1) applies and the Assessing Officer may not decide valuation independently. Where Schedule III does not require market value, no reference under section 16A should be made and the asset's value must be computed as per the relevant rule in Schedule III.
    Rejection of refund claim without explaining the reasons adequately in the order passed by the adjudicating authority - Regarding
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    Refund claim rejection must state specific reasons and unjust enrichment findings before crediting amounts to welfare fund.
    Adjudicating authorities must give specific, adequate reasons on each aspect when rejecting a refund claim, addressing merits and time-bar issues pointwise. If a claim is otherwise admissible but payment is precluded by unjust enrichment, the authority must record written findings and direct the eligible amount to the Consumer Welfare Fund. A refund may be granted only after admissibility on merits, timeliness, and a favourable unjust enrichment determination.
    1904/1992.
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    Information requisition permitted for smaller unit investments in specific cases; high-value investment threshold remains excepted.
    The Board noted earlier limits to requisitioning U.T.I. investor lists to investments exceeding Rs.1 lakh, considered representations about requisitions for smaller subscriptions under Masterplus and Mastergain, and directed that specific investor information for smaller amounts may be called in particular cases where necessary, while maintaining the existing position regarding the higher-investment threshold; officers are to be informed of this instruction.
    Ceramic Frit Glaze - Classification of
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    Classification of ceramic glaze frit clarified: vitrifiable, crystalline glazes for pottery are treated as ceramic glaze rather than glass frit.
    Where a frit conforms in composition and characteristics to glass frit it may be classifiable as glass frit; however, ceramic glaze frit that contains a substantially higher proportion of alumina, is crystalline, formulated to fuse homogenously and vitrify on ceramic bodies, and is used for glazing potteries and tiles shall merit classification under sub heading No. 3207.90 of the Schedule to the Central Excise Tariff Act, 1985.
    Filing of frivolous appeals - Regarding
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    Filing of frivolous appeals: Departments urged to avoid routine second appeals and implement appellate orders instead.
    The circular directs restraint against filing frivolous appeals, advising that routine second appeals should not be preferred when the first appellate order is adverse. It reiterates that insignificant-revenue matters and non-precedential cases ordinarily do not warrant further appeal and that Collectors must implement appellate benefits unless a stay is obtained. Collectors are required to undertake regular random scrutiny of cases where appeals have been filed against orders of Collectors (Appeals) to curb unmeritorious appeal-filing practices during inspections and visits to Collectorate headquarters.
    Central Excise - Determination of assessable value in the case of goods captively consumed - Addition of profit - Regarding
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    Assessable value: interest excluded from profit percentage for captively consumed goods, interest treated as expense not added.
    Interest is a charge for borrowed funds and is to be treated like any other item of expense; expenses such as interest on loans and depreciation do not form part of the profit before tax. It follows that interest should not be added for arriving at the profit percentage when determining the assessable value of goods captively consumed.
    Guidelines for the purposes of section 10(10C) of the Income-tax Act--Clarification of the queries--Regarding
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    Voluntary retirement tax exemption depends on scheme compliance and required approval, with noncompliant amounts taxable.
    Section 10(10C) exempts payments on voluntary retirement only where schemes comply with rule 2BA guidelines and, for non-public companies, obtain required approval. Eligibility requires ten years' service or forty years of age, coverage of all employees except directors, overall reduction in workforce, non-filling of vacancies, and absence of prior VRS benefit. Payments may be based on one-and-one-half months' salary per completed year or monthly emoluments for remaining months, with the exempt portion capped by the monetary ceiling; excess is taxable. Salary includes dearness allowance where provided; last drawn salary is the basis for computation.

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      Central Excise

      Photographic films obtained by process of cutting/slitting and perforation of jumbo rolls of photographic films - Excisability

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      Excisability of photographic film: films from cutting, slitting and perforation of jumbo rolls treated as manufacture, excisable.
      Photographic films produced by cutting, slitting and perforation of jumbo rolls constitute a manufacturing process and are excisable goods. The sequence ... Summary

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