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    Procedure for consequential revision in cases where more then one direct tax involved.
    Central Excise - Processing of Fabrics - Padding with milky white paste known as Taffinol Anu - Whether eligible for exemption under Notification No. ...
    Endorsement of subsidiary gate passes - Request regarding
    15/89 - 19-10-1989 Central Excise
    Central Excise - Valuation of - Effect of amendment to section 4 vide section 47 of the Finance Act, 1982 - Effective duty payable alone deductible fr...
    Wealth-tax assessment in respect of properties left in erstwhile East Pakistan after Indo-Pak conflict of 1965
    Modvat - Declaration under Rule 57G - Regarding
    Central Excise - Knitted fabrics - Classification and assessment of knitted pile fabrics - Matter regarding
    Summons to Managing Directors, Directors and other top officers under Section 14 - When not issuable
    UOI and Others v. M/s. Godrej & Boyce Manufacturing Co. P. Ltd. and Anr. - Order dated 4-9-1989 of the Supreme Court - Regarding
    Extension of Warehousing period of bonded goods
    'Cut tobacco' dust arising in the course of separation of dust from seived cut tobacco through air pressure - Classification of
    Brief for Board meeting on amendment of Section 4 discussed in Board meeting on 3-10-1989 - Regarding packing materials supplied by buyers to the asse...
    Utilisation of Modvat credit - Clarification regarding
    Tax clearance certificate in the case of a foreign employee not domiciled in India-Simplification of procedure-Regarding
    Money credit admissible on specially denatured ethyl alcohol used in manufacture of styrene
    57/89 - 28-09-1989 Central Excise
    Central Excise - Admissibility of Modvat credit on 'cut tyres and tubes' - Clarification regarding
    Permission under Notification No. 214/86-C.E.
    Allowance of development rebate in view of decision of S.C. in Subhlaxmi's case.
    Central Excise - Grant of Modvat Credit for inputs returned under Rule 173H - Regarding
    56/89 - 21-09-1989 Central Excise
    Central Excise - Levy of Central Excise duty on crystallizing coated ammonium nitrate and allowing of Modvat Credit of such duty - Clarification regar...
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    Circulars
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    Procedure for consequential revision in cases where more then one direct tax involved.
    Show AI Summary
    Consequential tax revision procedures require coordinated amendments across direct tax assessments following related liability modifications.
    Instruction No. 1831/1989 requires coordinated consequential revision where a modification under one direct tax law affects liabilities or deductions under another. Assessing Officers must ensure such revisions; DCs and CsIT must inspect for corresponding action; appeal and rectification registers must record whether consequential action under the same or another direct tax law has been taken; internal audit checklists must include this verification. Examples include interplay between interest-tax and income-tax, companies surtax and income-tax, hotel receipts tax and income-tax, wealth/gift tax interactions, and expenditure-tax refunds leading to possible income inclusion.
    Central Excise - Processing of Fabrics - Padding with milky white paste known as Taffinol Anu - Whether eligible for exemption under Notification No. 253/82, as amended
    Show AI Summary
    Exemption for padding with natural starch denied when starch-free paste used; fabric processors cannot claim relief.
    Padding of fabrics with Taffinol Anu does not qualify for exemption under Notification No. 253/82-CE because laboratory analysis found Taffinol Anu to be an aqueous emulsion of surface active agent, fatty acid and wax and free from starch; the exemption applies only to padding with natural starch. Collectors are directed to prevent processors from claiming unintended benefits and to report action taken.
    Endorsement of subsidiary gate passes - Request regarding
    Show AI Summary
    Certificate endorsement restriction: accepted duty-paying certificates may be endorsed only once, with limited issuance rights for indigenous inputs.
    The circular confirms that only specified undertakings were authorised to issue certificates for indigenous inputs under the Modvat credit framework, while several public sector undertakings may issue certificates for imported materials accepted as duty paying documents. It further reiterates Board instructions that endorsements of such accepted duty paying certificates are permitted only once, clarifying that no further endorsements are allowed.
    15/89 - 19-10-1989 Central Excise
    Central Excise - Valuation of - Effect of amendment to section 4 vide section 47 of the Finance Act, 1982 - Effective duty payable alone deductible from cum duty price to calculate assessable value - Regarding
    Show AI Summary
    Effective duty payable must be deducted from cum duty price to determine assessable value under central excise.
    Deduction for assessable value under section 4 must be the effective duty payable on the goods, after taking exemption notifications into account; tariff-rate or notional duty is not deductible. The Finance Act, 1982 amendment (retrospective to 1-10-1975) mandates this rule, and assessing practices that deducted notional duty should be corrected and excess collections regularised per earlier Ministry circulars.
    Wealth-tax assessment in respect of properties left in erstwhile East Pakistan after Indo-Pak conflict of 1965
    Show AI Summary
    Ex gratia payments taxable as assets once received, removing prior pre-valuation-date exemption under wealth-tax rules.
    Ex gratia payments received by assessees in respect of properties left in erstwhile East Pakistan after the 1965 conflict constitute assets for wealth-tax purposes once received and are liable to wealth-tax; item (ii) of Circular No. 385 (which exempted ex gratia received before the valuation date) is deleted to align with the Wealth-tax Act's definition of asset.
    Modvat - Declaration under Rule 57G - Regarding
    Show AI Summary
    Modvat credit provisionalisation permits utilisation pending correct input classification, subject to later adjustment under prescribed procedure.
    Where an assessee's declared input classification differs from the correct classification, the originating Collectorate must make the assessment provisional and resolve classification by inter division and inter collectorate correspondence. Duty provisionally paid may be taken as Modvat credit and utilised for duty on the final product, subject to adjustment based on the duty finally assessed under the prescribed adjustment procedure.
    Central Excise - Knitted fabrics - Classification and assessment of knitted pile fabrics - Matter regarding
    Show AI Summary
    Classification of knitted pile fabrics as processed goods determines tariff treatment under heading 6001.12 and related notifications.
    Knitted pile fabrics, incorporating carded staple fibre fed as silver into the knitted ground and subjected to back-coating, shearing and polishing, are processed fabrics and classifiable under heading No. 6001.12. Because the fabric is predominantly acrylic (about 64% by weight) and processed with power, the corresponding base fabric is to be taken under heading No. 55.08. Notification 260/87 applied specifically to sub-heading 6001.12 for a transitional period; from 19-1-1988 Notfn. 3/88 excludes processed fabrics of 6001.12 from Notfn. 109/86 and Notfn. 2/88 sets the applicable tariff subject to value thresholds.
    Summons to Managing Directors, Directors and other top officers under Section 14 - When not issuable
    Show AI Summary
    Summons under Section 14 should be a last resort, not a tool to coerce payment of disputed dues.
    Summons under Section 14 are to be used only as a last resort where assessees are uncooperative or investigations require expeditious completion and must not be employed to coerce payment of disputed demands; normal recovery procedures should be followed. Collectors are personally responsible for enforcing these instructions and the Board will take serious view of unjustified issuance of summons to Managing Directors, Directors or other senior officers.
    UOI and Others v. M/s. Godrej & Boyce Manufacturing Co. P. Ltd. and Anr. - Order dated 4-9-1989 of the Supreme Court - Regarding
    Show AI Summary
    Assessable value determination: reconsideration ordered in light of newly submitted letters affecting inclusion of secondary packing.
    Reconsideration of whether secondary packing for refrigerators is includible in the assessable value is required in light of documentary material not previously before the High Court. The higher forum granted special leave and set aside the earlier orders, directing the High Court to re-evaluate admissibility, relevancy and weight of the newly disclosed letters and then determine inclusion of packing costs in assessable value and the resulting consequences for duty assessment.
    Extension of Warehousing period of bonded goods
    Show AI Summary
    Extension of warehousing period must be limited and accompanied by interest payment to discourage prolonged storage.
    Extension of the warehousing period must be granted sparingly only for circumstances beyond importer control; financial difficulty is not sufficient. Second or further extensions should generally be denied but, if unavoidable, must be accompanied by payment of interest on duty for the prior extension, to be adjusted at clearance. Collectors must scrutinise requests, issue public notices, and ensure prompt raising of duty demands with interest and recovery action on expiry, with senior officers periodically reviewing warehouse records.
    'Cut tobacco' dust arising in the course of separation of dust from seived cut tobacco through air pressure - Classification of
    Show AI Summary
    Classification of cut tobacco: ripped tobacco is cut tobacco; winnowing waste and dust are tobacco refuse, with specific duty and credit rules.
    Ripped tobacco from defective cigarettes is classifiable as cut tobacco, not as smoking mixtures; winnowing waste and cut tobacco dust are classifiable as tobacco refuse. Where cut tobacco is recycled within the originating factory no fresh duty is chargeable; transfers for manufacture may use concessional Chapter X procedure, whereas clearances for other purposes attract full tariff duty. Any excise credit availed for manufacture must be reversed if the cut tobacco is not used in machine rolled cigarette manufacture. Returns and reprocessing follow prescribed rules with reversal of credit and duty clearing by the original manufacturer.
    Brief for Board meeting on amendment of Section 4 discussed in Board meeting on 3-10-1989 - Regarding packing materials supplied by buyers to the assessee - Floating survey regarding
    Show AI Summary
    Packing materials supplied free: survey seeks details where buyers provide packing and assessees claim assessable value deductions.
    Survey seeks particulars where buyers supply packing materials free and assessees claim deductions in declaring assessable value. Collectorates must submit the proforma within one month, supplying manufacturer name and address, commodity and tariff heading, nature and cost of usual packing, description and approximate cost of packing supplied by buyers per unit of final product, number and proportion of buyers supplying packing, any relationship between buyer and assessee, and remarks.
    Utilisation of Modvat credit - Clarification regarding
    Show AI Summary
    Utilisation of Modvat credit: excess credit for inputs used in thicker copper wires cannot be applied to finer wires.
    Unutilised Modvat credit on inputs used to manufacture copper wires thicker than 2 mm cannot be utilised towards payment of excise duty on copper wires finer than 2 mm, because credit is allowable only for duty on the final product in which the input was actually used; excess credit from thicker-wire manufacture is not permitted for finer-wire duty.
    Tax clearance certificate in the case of a foreign employee not domiciled in India-Simplification of procedure-Regarding
    Show AI Summary
    Tax clearance certificate simplified for foreign employees when employer provides a guarantee covering tax liabilities during contract plus two years.
    One-time tax clearance certificates are available for non-domiciled foreign employees with fixed tenures up to five years when the employer furnishes a prescribed guarantee to pay any tax found due during the contract period plus two years; the guarantee may cover spouse and dependants. The procedure applies only to Indian employers or foreign employers assessed in India with a fixed place of business. Assessing Officers will issue certificates valid until the contract end date stated in the guarantee, and revenue authorities may withdraw the facility in suitable cases.
    Money credit admissible on specially denatured ethyl alcohol used in manufacture of styrene
    Show AI Summary
    Input credit for specially denatured ethyl alcohol permitted for manufacture of styrene under Rule 57K notification.
    Money credit shall be allowable for specially denatured ethyl alcohol when used in the manufacture of styrene, pursuant to Rule 57K read with Notification No. 231/87 as amended; the Board requires circulation of this instruction to trade and field formations and acknowledgement of receipt.
    57/89 - 28-09-1989 Central Excise
    Central Excise - Admissibility of Modvat credit on 'cut tyres and tubes' - Clarification regarding
    Show AI Summary
    Modvat credit availability on cut tyres and tubes confirmed when classified as waste or scrap under the tariff heading.
    Defective cut tyres and cut tubes that are not usable and are disposed of as waste or scrap fall within the expression "waste, parings and scrap" in the tariff note and are classifiable under the relevant tariff heading for waste; accordingly, Modvat credit of duty paid on inputs cannot be denied or varied on the ground that part of the input is contained in such waste or scrap under the Central Excise Rules.
    Permission under Notification No. 214/86-C.E.
    Show AI Summary
    Permission under notification requires only supplier undertaking to Assistant Collector; no further permissions for removals are needed.
    Notification requires the supplier to give an undertaking to the Assistant Collector before removing goods from his factory; no other permission under the Notification is necessary. However, job-worker-wise permission must be obtained where Rule 57F(2) applies. The Board has modified earlier instructions to clarify that, apart from the undertaking and permissions under Rule 57F(2), no additional prior permission should be demanded.
    Allowance of development rebate in view of decision of S.C. in Subhlaxmi's case.
    Show AI Summary
    Development rebate entitlement requires concurrent debit and reserve credit in year of use; reopen assessments unless time-barred.
    Allowance of development rebate requires a debit in the profit and loss account and a corresponding credit to a reserve account in the same previous year the machinery or plant is installed or first put to use; existence of profits that year is not necessary. Assessments granting development rebate or investment allowance should be reopened unless reopening is time-barred, in which case recovery of any demand on this account should not be pressed.
    Central Excise - Grant of Modvat Credit for inputs returned under Rule 173H - Regarding
    Show AI Summary
    Modvat credit application: earlier circular's instructions apply mutatis mutandis to inputs returned under Rule 173H.
    Board directs that the operative instructions in the earlier circular regarding treatment of returned inputs shall apply mutatis mutandis to the Modvat Scheme for grant of Modvat credit for inputs returned under Rule 173H; trade interests are to be informed and field formations issued necessary instructions, with acknowledgement of receipt requested.
    56/89 - 21-09-1989 Central Excise
    Central Excise - Levy of Central Excise duty on crystallizing coated ammonium nitrate and allowing of Modvat Credit of such duty - Clarification regarding
    Show AI Summary
    Process of manufacture clarified: converting ammonium nitrate melt into crystalline coated product is not manufacture, impacting excise duty and MODVAT.
    Conversion of ammonium nitrate melt into crystalline coated ammonium nitrate does not constitute a process of manufacture; accordingly, prior Board instructions that no Central Excise duty is chargeable on product obtained from duty-paid melt and that MODVAT credit, if paid, should not be allowed apply mutatis mutandis to the crystalline coated product, and field formations should finalise pending assessments on that basis.

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      Central Excise

      Central Excise - Excisability of coating solution/coating paste - Regarding

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      Excisability of captive coating solutions: non marketed, immediately used preparations are not treated as excisable goods.
      Coating solution/coating paste prepared by paper mills from raw materials and used immediately for captive consumption, not marketed, do not constitute ... Summary

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      ActsIncome Tax