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    Central Excise - Invoking of demands when provisional assessment is in operation- reg
    4/90 - 04-04-1990 Central Excise
    Central Excise - Classification of Tea Chest Metal Fittings produced from duty paid tinplate
    Delay in disposal of refund claims - Instructions regarding
    Exemption from the levy of cess on automobiles exported regarding
    Central Excise - Classification of "Filter Rods" used in Fibre Pen, Sketch Pen etc. - Clarification regarding
    Classification of 'POLYPROPYLENE ROPES' - Clarification - Reg
    Admissibility of money credit under Rule 57K read with Notifn. No. 231/87, dated 1-10-1987 in respect of ethyl alcohol used in the manufacture of spec...
    Submission of questionnaire while filing the price-list - Instruction regarding
    Levy of cess on waxed paper manufactured from base paper purchased from the market - Draft Audit Para No. 122/85-86 - regarding
    Expenditure Tax-Interpretation.
    Expenditure Tax-Compliance of the provisions by hotels.
    Central Excise - Classification of procured synthetic tread material for retreading/resoling of tyres consequent on amendment to Note 9 of tyres conse...
    Applicability of the provisions of section 194C of the Income-tax Act, 1961--Deduction of tax at source from the hire charges paid to the bus owners f...
    3/90 - 28-03-1990 Central Excise
    Central Excise - Classification of parts of Gas Cylinder - Whether under Chapter Heading 73.08 or under Chapter Heading 83.12 - Regarding
    2/90 - 28-03-1990 Central Excise
    Classification of Isolators - Regarding
    Appeals in cases of protective assessment.
    Unjust enrichment - Grant of Refund - regarding
    Defacing of Gate Passes on which credit under Rule 57A has been taken - procedure regarding
    Scope of Sec. 273A.
    Central Excise - Classification of 'Heparin injection' under sub-heading No. 3001.00 or 3003.10 or 3003.20 of the Schedule to the CETA, 1985, Clarific...
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    Circulars
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    Central Excise - Invoking of demands when provisional assessment is in operation- reg
    Show AI Summary
    Provisional assessment and demand invocation: guidance clarifies when revenue may raise demands during provisional assessment.
    The circular directs administrative circulation of a tribunal decision clarifying conditions for invoking revenue demands while a provisional assessment is operative, instructing field formations to align demand invocation practices with the legal and procedural constraints set out in that ruling.
    4/90 - 04-04-1990 Central Excise
    Central Excise - Classification of Tea Chest Metal Fittings produced from duty paid tinplate
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    Classification of tea chest metal fittings as reinforcing articles under tariff heading 8302, not under angle or tube chapters.
    Tea chest metal fittings made from duty-paid tinplate that are cut, cold-formed and folded to serve as reinforcing components for wooden tea chests are properly classifiable as corner braces/reinforcing plates under heading 8302 (subheading 8302.90 prior to 1-3-1988), in line with HSN Explanatory Notes, and not as steel angles/shapes or tube/pipe fittings under Chapters 72 or 73.
    Delay in disposal of refund claims - Instructions regarding
    Show AI Summary
    Delay in refund claim disposal: deficient claims may be issued show cause notices and decided within three months.
    Where refund claims are incomplete in particulars or not supported by required documents, the Department may reject them by issuing a Show Cause Notice specifying deficiencies; after observing the principles of Natural Justice the claims should be disposed of on merits, and no refund claim should be kept pending beyond the prescribed three-month period, with field formations advised to ensure quick scrutiny and timely finalisation.
    Exemption from the levy of cess on automobiles exported regarding
    Show AI Summary
    Exemption from cess on exported automobiles preserves export and armed forces exemptions; otherwise automobiles attract a cess ad valorem.
    Notification S.O. 247(E) (22-3-1990) specifies that specified classes of automobiles are liable to a cess at the rate of 1/8 percent ad valorem, except when exported under Chapter IX of the Central Excise Rules, 1944, or when manufactured in Ordnance Factories for use by the Armed Forces; the Notification, issued under the Industries (Development and Regulation) Act, supersedes the earlier S.O. 932(E) of 1983.
    Central Excise - Classification of "Filter Rods" used in Fibre Pen, Sketch Pen etc. - Clarification regarding
    Show AI Summary
    Classification of filter rods as pen parts under HSN rules, excluding them from textile wadding classification for duty purposes.
    Filter rods made from acetate tow, impregnated with glycerol triacetate, wrapped in PVC and manufactured solely to contain and carry ink in pens are to be treated as parts of the pen under the tariff nomenclature rather than as articles of wadding, consistent with the Chapter Note excluding textile materials that are merely carrying media.
    Classification of 'POLYPROPYLENE ROPES' - Clarification - Reg
    Show AI Summary
    Classification of polypropylene ropes as textile ropes under tariff heading confirmed based on fibrillated strip composition and HSN explanatory notes.
    Polypropylene ropes produced from fibrillating strips are classifiable as ropes under heading 56.07 of the Central Excise Tariff, not as plastic articles. The Chief Chemist found the extruded tape is fibrillated into split-film fibres and multifilament yarns so the tape loses its identity in the finished product. HSN Explanatory Notes, the HSN index, and interpretative tariff principles support placing fibrillated-strip ropes within the ropes heading; the Board accordingly directs classification under heading 56.07.
    Admissibility of money credit under Rule 57K read with Notifn. No. 231/87, dated 1-10-1987 in respect of ethyl alcohol used in the manufacture of specified goods - Regarding
    Show AI Summary
    Money credit admissibility clarified for intra-factory use of ethyl alcohol; credit allowed where excise duty on molasses was paid.
    Money credit under Rule 57K should be allowed where a unit manufactures molasses, then alcohol, then specified chemicals within the same factory, notwithstanding the literal wording of condition (ii) and its proviso to Notification No. 231/87, if on verification it is established that excise duty on molasses was paid at the increased rates; the Notification has been amended prospectively to remove the anomaly and pending cases are to be decided accordingly.
    Submission of questionnaire while filing the price-list - Instruction regarding
    Show AI Summary
    Assessable value verification: additional questionnaire information required at price-list filing to detect misdeclaration and suppression.
    The Board requires insertion of additional questionnaire questions into the price-list filing process to elicit marketing and commercial details-such as undisclosed monetary considerations, related party buyer relationships, advertising or expenses borne by buyers, advances or deposits, excess collection of freight or insurance, trade discounts, supplementary invoices, and distribution channels-to determine the correct assessable value at submission and to facilitate prompt finalisation and later scrutiny for misdeclaration or suppression of facts.
    Levy of cess on waxed paper manufactured from base paper purchased from the market - Draft Audit Para No. 122/85-86 - regarding
    Show AI Summary
    Cess on paper: leviable for products from integrated manufacture but not on converter-made waxed paper from market base.
    A cess is leviable on paper and paper boards generally and on paper products that emerge from a single integrated manufacturing process; by contrast, cess is not leviable on waxed paper produced by a converter who purchases base paper from the market and applies finishing on his premises, a position taken on the basis of legal advice.
    Expenditure Tax-Interpretation.
    Show AI Summary
    Room rent inclusion rules determine expenditure tax liability: state levies and general hotel charges included, discounts excluded.
    Specifies components of room rent and chargeable expenditure under the Expenditure Tax Act: state levies like luxury tax are included in assessing whether room charges exceed the statutory threshold but excluded from the taxable base for computing expenditure tax; customary discounts are disregarded for threshold assessment; general hotel service charges are included for threshold and chargeable expenditure purposes while specific guest telephone calls are not part of the room-rent threshold but are chargeable; rental/lease/hire payments for hotel outlets are chargeable unless the outlet is not owned or managed by the hotel.
    Expenditure Tax-Compliance of the provisions by hotels.
    Show AI Summary
    Expenditure tax compliance: directive to survey hotels to ensure correct collection, deposit and prevent tax misappropriation.
    Non-compliance by hotels included failure to collect or deposit expenditure-tax, partial or late deposits, erroneous inapplicability claims while charging high room rates, exclusion of state levies and service charges from room-rent computation, and manipulation of disclosed room rent by discounts. Hotels with such practices fall within the scope of the Expenditure Tax Act. It is directed that periodic surveys of large hotels using Income Tax survey powers be conducted to ensure correct computation, collection and deposit and that selected inquiries address potential misappropriation where amounts labelled as expenditure-tax are collected by non-liable entities.
    Central Excise - Classification of procured synthetic tread material for retreading/resoling of tyres consequent on amendment to Note 9 of tyres consequent on amendment to Note 9 of Chapter 40 - Clarification regarding
    Show AI Summary
    Tariff classification change reassigns precured synthetic tyre tread to rubber sheet category, replacing earlier guidance.
    A Note 9 amendment to Chapter 40 extends the sub heading for rubber "plates, sheets and strips" to items cut or surface worked to render them fit for resoling, repairing or retreading tyres. As a result, precured synthetic tread material produced by further working such plates, sheets or strips for resoling or retreading should be classified under the rubber plates/sheets/strips sub heading, and earlier instructions (Cir. 61/89) are modified accordingly.
    Applicability of the provisions of section 194C of the Income-tax Act, 1961--Deduction of tax at source from the hire charges paid to the bus owners for the hire of buses--Clarifications--Regarding
    Show AI Summary
    Tax deduction at source: hire agreements with service-like contractual terms may attract withholding when substantive obligations exist.
    Tax deduction at source applies to payments under bus hire arrangements when contractual terms-such as provision of driver under instructions, fixed availability and schedules, maintenance obligations, supervision, certification of distance operated, and fixed plus variable payment components-transform a nominal hire into a service contract for carrying out work; applicability must be decided on the merits of each contract and earlier guidance is modified accordingly.
    3/90 - 28-03-1990 Central Excise
    Central Excise - Classification of parts of Gas Cylinder - Whether under Chapter Heading 73.08 or under Chapter Heading 83.12 - Regarding
    Show AI Summary
    Classification of parts of gas cylinders: parts are classed with the parent tariff heading where no separate subheading exists
    Parts are to be classified with the parent article under the Chapter Notes; where no separate subheading for parts is provided and the parts are not of general use, they are classifiable with the parent tariff heading-thus gas cylinder parts are classifiable under the same heading as the cylinder itself.
    2/90 - 28-03-1990 Central Excise
    Classification of Isolators - Regarding
    Show AI Summary
    Classification of isolators as switches confirmed, based on their single-lever multi phase switching function and voltage rating.
    Isolators-three-phase switching devices with door interlocking and a single hand-operated ON/OFF lever-constitute a single switching mechanism and are classifiable as switches under Heading 85.36 depending on the switch's voltage rating; field formations are to apply this classification.
    Appeals in cases of protective assessment.
    Show AI Summary
    Protective assessment appeals should be transferred or held in abeyance pending resolution of the main issue to avoid multiplicity.
    Protective-assessment appeals should be transferred to the appellate authority handling the main case so both matters can be heard together; if transfer is not possible, appellate authorities should keep the protective-assessment appeal in abeyance until the main proceedings are finalised, provided no prejudice is caused, to prevent multiplicity of litigation and unnecessary expense.
    Unjust enrichment - Grant of Refund - regarding
    Show AI Summary
    Unjust enrichment: refunds cannot be denied solely because claimant may receive fortuitous benefit; claims to be adjudicated per law.
    The Board reiterates that authorities lack any statutory power under the Central Excise & Salt Act, 1944 or rules to reject refund claims merely because allowing the refund would give a fortuitous benefit or undue enrichment to the manufacturer; pending refund cases must be decided in line with the earlier instruction dated 10-8-1981 and related telexes.
    Defacing of Gate Passes on which credit under Rule 57A has been taken - procedure regarding
    Show AI Summary
    Gate pass defacement required; duty documents must be submitted promptly and stamped to record excise credit under rule.
    Manufacturers availing credit under Rule 57A must submit original duty paying documents with extracts of RG 23A Part I and Part II within seven days of the month-end; the Superintendent of Central Excise must verify and deface such documents by stamping "CREDIT TAKEN UNDER RULE 57A" before the fifteenth day following the month-close and then return the documents to the manufacturer.
    Scope of Sec. 273A.
    Show AI Summary
    Disclosure timing under section 273A determines whether multiple assessment-year disclosures can be clubbed or must be sequentially considered.
    Disclosure timing under section 273A determines whether multiple assessment-year disclosures can be considered together; simultaneous disclosures may be covered by a single binding order, while disclosures made at different times cannot be clubbed and must be considered sequentially by the CIT/CCIT, with the first pending disclosure taken up first and subsequent disclosures accepted or rejected according to the applicable provisions.
    Central Excise - Classification of 'Heparin injection' under sub-heading No. 3001.00 or 3003.10 or 3003.20 of the Schedule to the CETA, 1985, Clarification regarding
    Show AI Summary
    Medicaments classification: Heparin injection treated as a medicament for tariff purposes, not a patent medicine, for excise.
    Heparin injection, prepared by dissolving Heparin Sodium into a preservative solution and supplied in unbranded vials, was examined and found to function as a medicament for prophylaxis and treatment of thromboembolic conditions; chapter notes exclude such medicaments from the chemical substance heading and the absence of identifying marks on the container means it does not qualify as a patent or proprietary medicine, supporting its classification under the tariff entry for medicaments.

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      Central Excise

      Minutes of the Modvat meeting held at Bangalore on 29-11-1989 - Point No. 21 & 23 regarding admissibility of Modvat credit on packaging materials used in the manufacture of final products leviable to specific rate of duty

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      Modvat credit admissibility: packaging materials qualify for input credit where final products attract specific rate duty.
      Modvat credit is allowable on packaging materials for final products charged to specific rates of duty; the Rule 57A explanation excluding packaging where ... Summary

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      ActsIncome Tax