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    Central Excise Zonal Tariff-cum-General Conference, Customs Tariff conferences, Modvat Meetings, etc. - Procedure for holding of
    49/90 - 31-08-1990 Central Excise
    Central Excise - Hypo Solution - Conversion of hypo into hypo solution whether amounts to manufacture - and if so, classification thereof clarificatio...
    47/90 - 31-08-1990 Central Excise
    Central Excise - Poly Vinyl Acetate Emulsion - Whether classifiable under H.No.39.05 or 35.06 of CET - Clarification regarding
    Poultry Equipments not having any mechanical function not entitled for exemption under Notification No. 111/88-C.E.
    Approval of Price Lists - Deduction of equalised Sales Tax, etc. - Instructions regarding
    Steps to be taken by departmental authorities where settlement application filed by assesseebefore settlement commission.
    Corrugated paper and paper board can be considered as converted paper and paper board and are entitled to duty exemption under Notification No. 63/82-...
    Gummed or adhesive paper in strips or rolls - Interpretation of Notification No. 49/87, dated 1-3-1987 - Matter regarding
    Stampings and Laminations not entitled to exemption under Notification No. 64/86 as amended
    Central Excise - Granite blocks and slabs - Levy of duty - Clarification regarding
    Relief under section 80C of the Income-tax Act, 1961
    Plastic articles made out of goods falling under Heading Nos. 39.01 to 39.15 through the stages of intermediate goods purchased from the market entitl...
    Taxability of lump sum payment made gratuitously or by way of compensation or otherwise to widow/other legal heir of an employee--Regarding
    Whether credit of duty paid on flattened containers can be utilised for payment of duty on food/vegetable products packed in reformed containers - Adm...
    Minutes of the North Zone Tariff Conference held at Chandigarh on 18th & 19th September, 1989 - CO) Procedure for granting refund where Modvat credit ...
    Classification of Ballot Boxes whether under sub-heading 7326.90 as other articles of iron and steel or under Heading 8303 as strong boxes - Clarifica...
    Analysis of appeal orders.
    Defacing of gate passes on which credit under Rule 57A has been taken - procedure - Regarding
    Central Excise - Guidelines for launching prosecution under the Central Excise & Salt Act, 1944
    Warehousing Interest - Section 27 of Customs Act Inapplicable
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    Circulars
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    Central Excise Zonal Tariff-cum-General Conference, Customs Tariff conferences, Modvat Meetings, etc. - Procedure for holding of
    Show AI Summary
    Attendance rules for excise and customs conferences restrict participants to specified zonal officers to reduce travel and duty diversion.
    Procedural guidance limits attendance at Central Excise Zonal Tariff cum General Conferences to specified senior officers to conserve travel allowance and reduce diversion from duties. Required attendees include Principal Collectors of Customs & Central Excise of the zone, Collectors of Central Excise of the zone, zonal ADGs for Anti evasion and Inspection, Director (CERA) and DGTD representative and Chief Chemist CRCL if required, and local Judicial Collector; central DGs will attend only in the North Zone while other zones are represented by Additional Directors General.
    49/90 - 31-08-1990 Central Excise
    Central Excise - Hypo Solution - Conversion of hypo into hypo solution whether amounts to manufacture - and if so, classification thereof clarification regarding
    Show AI Summary
    Conversion of hypo into hypo solution treated as manufacture, hypo solution classed as a separate manufactured photographic fixing bath.
    Conversion of 'hypo' into a 'hypo bath' (hypo solution) constitutes manufacture because the fixing solution is a specially formulated product containing hypo plus additional chemicals (hardeners, bisulfite, buffers, boric acid) and is therefore different from raw 'hypo'. The hypo bath is classifiable as a separate manufactured photographic fixing bath under Heading No.37.07, while 'hypo' in retail ready measured doses also falls under Heading No.37.07; otherwise raw hypo is classifiable under Heading No.28.32 as thiosulphates.
    47/90 - 31-08-1990 Central Excise
    Central Excise - Poly Vinyl Acetate Emulsion - Whether classifiable under H.No.39.05 or 35.06 of CET - Clarification regarding
    Show AI Summary
    Classification of polyvinyl acetate emulsion: treated as polymer unless presented or formulated specifically as an adhesive for retail sale.
    Polyvinyl acetate emulsion with additives such as protective colloids, initiators, surfactants and buffers remains a polymer in primary (emulsion) form and is classifiable under Chapter 39 as a polymer unless its usage and mode of presentation meet the exclusion Note (b) of the HSN Explanatory Notes, in which case it may be classifiable as a prepared adhesive under the Chapter for prepared glues and adhesives.
    Poultry Equipments not having any mechanical function not entitled for exemption under Notification No. 111/88-C.E.
    Show AI Summary
    Poultry keeping machinery classification: nonmechanical poultry equipment excluded from exemption and must be classified by material.
    Only poultry appliances that perform mechanical functions qualify as Poultry Keeping Machinery for exemption; non-mechanical items like feeders, waterers, cages and grills are excluded and must be classified by their constituent material and assessed without the notification's benefit.
    Approval of Price Lists - Deduction of equalised Sales Tax, etc. - Instructions regarding
    Show AI Summary
    Equalised sales tax deduction permitted from cum duty prices where substantiated and assessable values are not manipulated.
    The Board permits assessees to deduct equalised sales tax and octroi from cum duty prices for assessing Central Excise value, on condition that such deductions are periodically substantiated by records of actual taxes paid and that the assessable values claimed are correct and not manipulated to avoid duty; assessing authorities may allow these deductions and practical difficulties should be reported to the Board.
    Steps to be taken by departmental authorities where settlement application filed by assesseebefore settlement commission.
    Show AI Summary
    Tolling of limitation periods does not occur by mere filing of settlement application; assessing officers must continue proceedings.
    Filing a settlement application does not automatically suspend the limitation period; the Settlement Commission's exclusive jurisdiction arises only after it formally allows the application to proceed. The exclusion of time from limitation operates only when the Commission, by order, rejects or does not allow the application to be proceeded with; in the interim the assessing officer must continue assessments and may not keep proceedings in abeyance or directly correspond with the Commission.
    Corrugated paper and paper board can be considered as converted paper and paper board and are entitled to duty exemption under Notification No. 63/82-C.E. and under Notification No. 49/87-C.E.
    Show AI Summary
    Converted paper exemption affirmed: corrugated paper eligible if made from duty paid base paper and no in factory pulp production.
    Corrugated paper and paper board qualify as converted paper and paper board and are eligible for duty exemption under the Board's notifications, subject to two conditions: the converted product must be produced from duty paid base paper or base paper board, and the base paper or base paper board must not be produced from pulp within the same factory of production.
    Gummed or adhesive paper in strips or rolls - Interpretation of Notification No. 49/87, dated 1-3-1987 - Matter regarding
    Show AI Summary
    Gummed or adhesive paper in strips or rolls: classification under other tariff headings does not preserve exemption.
    The expression Gummed or adhesive paper in strips or rolls in the notification is not confined to any particular tariff heading or sub heading and therefore covers such paper irrespective of classification; accordingly, gummed or adhesive paper classifiable under Heading 4811 is not eligible for exemption under the notification and field formations and trade should be informed and pending cases finalised accordingly.
    Stampings and Laminations not entitled to exemption under Notification No. 64/86 as amended
    Show AI Summary
    Exemption scope: Stampings and laminations excluded from parts exemption for specified power driven pumps, not qualifying as pump parts.
    Stampings and laminations classified under Chapter 83 are not entitled to exemption as parts of specified power driven pumps under Notification No. 64/86 as amended, including monoblock pumps where a separate motor may not be identifiable; the Board, after consultation with TRU and review of prior circulars, instructs field formations and trade to be informed and pending assessments to be finalised accordingly.
    Central Excise - Granite blocks and slabs - Levy of duty - Clarification regarding
    Show AI Summary
    Exemption for mined granite: rough quarry-excavated blocks qualify when the site is declared a mine; polished slabs remain dutiable.
    Rough granite blocks and slabs excavated from a quarry qualify as mining products and are eligible for exemption provided the quarry is an area declared a mine as defined in clause (j) of Section 2 of the Mine Act. In contrast, polished granite blocks and slabs are classifiable under Heading No. 68.07 and are not exempt, being chargeable to duty under the applicable excise notification; field formations must be informed and pending assessments finalised.
    Relief under section 80C of the Income-tax Act, 1961
    Show AI Summary
    Deduction under section 80C covers life insurance premiums for adult children, including married daughters.
    Deduction under section 80C permits premiums paid to effect or keep in force life insurance on the assessee, spouse, or any child; premiums on policies for adult children, including a married daughter, qualify for the deduction. The Circular confirms this treatment continues under the Finance Act, 1990 provision as it is in pari materia with the earlier section.
    Plastic articles made out of goods falling under Heading Nos. 39.01 to 39.15 through the stages of intermediate goods purchased from the market entitled to exemption under Notification No. 53/88
    Show AI Summary
    Exemption for plastic articles applies where intermediate inputs derive from duty paid plastics, allowing non integrated units to claim relief.
    The exemption is not limited to integrated units: non integrated manufacturers may claim exemption for plastic articles if they prove intermediate goods purchased from the market were produced from duty paid plastic materials in the specified plastics classification; pending assessments must be finalised accordingly and field formations and trade advised.
    Taxability of lump sum payment made gratuitously or by way of compensation or otherwise to widow/other legal heir of an employee--Regarding
    Show AI Summary
    Taxability of lump sum payments: death-related gratuities or compensation to heirs are not treated as taxable income.
    The Board clarifies that lump sum payments made gratuitously or by way of compensation or otherwise to the widow or other legal heirs of an employee who dies while in active service do not constitute taxable income under the Income-tax Act, 1961 and are not subject to income taxation in the hands of the beneficiaries.
    Whether credit of duty paid on flattened containers can be utilised for payment of duty on food/vegetable products packed in reformed containers - Admissibility regarding
    Show AI Summary
    Input tax credit admissibility for reformed containers affects duty payment eligibility on packaged food products
    Whether duty paid on flattened metal containers used for packing fruit and vegetable preparations is eligible for Modvat credit when those containers are reformed and fitted with bottoms before use; the assessee argues conversion is not manufacture and credit should be allowed, while the collectorate disputes this, and the Board has requested Collectorate practice statements to resolve the admissibility of credit.
    Minutes of the North Zone Tariff Conference held at Chandigarh on 18th & 19th September, 1989 - CO) Procedure for granting refund where Modvat credit has been availed of
    Show AI Summary
    MODVAT credit reversal: central excise officers must exchange refund particulars within one week to prevent refund delays.
    Procedure for granting refunds where MODVAT credit has been availed requires inter-departmental verification and timely communication to effect adjustment of credit under Rule 57E. Shifting the onus of furnishing reversal certificates to manufacturers was rejected as unfeasible because it would undermine verification and risk fraud. The Board directs Collectors of Central Excise to ensure that officers transmit required refund particulars and adjustment/recovery information to one another within one week to avoid delay in sanctioning refund claims.
    Classification of Ballot Boxes whether under sub-heading 7326.90 as other articles of iron and steel or under Heading 8303 as strong boxes - Clarification regarding
    Show AI Summary
    Classification of ballot boxes as strong boxes under tariff heading confirms duty treatment and directs finalisation of pending assessments.
    Ballot boxes of iron and steel that are portable, incorporate locking/security features and by design and material offer reasonable protection against theft and fire are classifiable as collecting/strong boxes under sub heading 8303.20 (prior to 1 March 1988) and under Heading 8303 thereafter; pending assessments should be finalised accordingly.
    Analysis of appeal orders.
    Show AI Summary
    Analysis of appeal orders to guide assessing officers and prevent recurring assessment mistakes through supervisory meetings.
    Instruction requires supervisory officers to hold periodic meetings with assessing officers to analyse appeal orders, identify mistakes to be avoided, and provide corrective guidance; it also contemplates occasional involvement of Commissioners (Appeals) and Members, I.T.A.T., and directs Chief Commissioners and Directors General to ensure frequent meetings and administrative action to implement this mechanism.
    Defacing of gate passes on which credit under Rule 57A has been taken - procedure - Regarding
    Show AI Summary
    Submission deadline for duty-paid documents shortened, aligning Rule 57G(4) credit filings with earlier monthly RT12 return timing.
    Duty-paying documents and supporting extracts used to claim credit under Rule 57A must be submitted within five days of the close of the month, aligning that submission deadline with the Rule 173G(3) RT12 return requirement; Circular No. 17/90-CX.8 is modified accordingly, and trade and field formations are to be informed.
    Central Excise - Guidelines for launching prosecution under the Central Excise & Salt Act, 1944
    Show AI Summary
    Mens rea requirement governs prosecution initiation, with Principal Collector sanction and targeted action against culpable executives.
    Prosecution under the Central Excise & Salt Act requires final sanction by the Principal Collector and must be based on evidence of mens rea or active involvement in duty evasion; prosecutions against companies are limited to those directors or executives with demonstrable culpability. Arrests should be exceptional, decisions on prosecution taken promptly after adjudication (or during adjudication if delay would prejudice the case), and investigation reports prepared by designated officers must be forwarded for sanction before filing criminal complaints. Once launched, prosecutions must be vigorously monitored, exhibits secured, and appeals considered where court sentences are lighter than statutory intent.
    Warehousing Interest - Section 27 of Customs Act Inapplicable
    Show AI Summary
    Warehousing interest treated separately from customs duty; refunds not governed by the Customs Act refund provision.
    Warehousing interest under Section 61(2) is distinct from customs duty as defined in Section 2(xv), so the refund provision in Section 27 does not apply to refunds of interest recovered under Section 61(2); however, the Limitation Act may apply to the period for recovery or refund of such interest.

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      Central Excise

      Circular No. 14/90-CX.4 - Certain Modification - Matter regarding

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      Classification of utensils: welded trays and tubs excluded from exemption while other items' exclusion is withdrawn.
      CEGAT's rectificatory order restricts its earlier finding and holds that only welded trays and tubs are not utensils for exemption under Notification No. ... Summary

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