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    Admissibility of Modvat credit on Dry Battery Cells used in quartz wall clocks and quartz timepieces - Regarding
    Additional tax under the provisions of Sec.143(1A)(i).
    Central Excise - Classification of 'FLAT-BED SCREENS for printing textiles - Instructions - Regarding
    Divergence among the Central Excise Collectorates in the matter of condonation of storage and handling losses of petroleum products in a refinery and ...
    37/89 - 13-12-1989 Central Excise
    Redressal of Public Grievances
    29/89 - 13-12-1989 Central Excise
    Classification of Stators & Rotors used in the manufacture of Hermetically sealed Gas Compressors
    Admissibility of MODVAT credit of duty paid on Carbon Electrodes used in the manufacture of Aluminium
    A.O.'s discretion u/s 220(6).
    Refund orders.
    Central Excise - MMF - Dutiability of waste arising during the manufacture of texturised yarn and crimped yarn - Clarification regarding
    18/89 - 24-11-1989 Central Excise
    Central Excise - Classification of Animal Feed Supplements like Vitamin Mineral Feed - (1) Kentab tablets and food additives for dog (2) Fast track, (...
    Corrigendum of Notification No. 46/89-C.E.(N.T.), dated 11-10-1989
    Certification of licenced capacity of cement factories prior to 1-3-1988 as required under notification Nos. 36/87-C.E., dated 1-3-1987 and 124/87-C.E...
    Irregular availment of Modvat Credit under Rule 57B - CERA objections - Instructions regarding
    Central Excise - Valuation - Includibility of cost of secondary packing - Supreme Court's decision in the case of Collector of Central Excise v. M/s. ...
    Central Excise - Notification No. 201/85-C.E., dated 2-9-1985, as amended - Applicability of effective rates - Clarification regarding
    Central Excise - Credit or Modvat benefit of CVD paid on steel sheets imported by M/s. IOC Ltd. - Clarification regarding
    Explanatory Notes on the provisions of the Direct Tax Laws (Amendment) Act, 1987 [as amended by the Direct Tax Laws (Amendment) Act, 1989]--Part II
    Explanation to rule 11 of Schedule III to the Wealth-tax Act--Balance-sheet drawn up as on the relevant valuation date but not available to the shareh...
    Effective date of Notification 37/89-C.E. (N.T.), dated 16-8-1989
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    Circulars
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    Admissibility of Modvat credit on Dry Battery Cells used in quartz wall clocks and quartz timepieces - Regarding
    Show AI Summary
    Modvat credit inadmissibility: dry battery cells for quartz clocks deemed accessories, credit disallowed and recoverable.
    The Board determined that dry battery cells used to run quartz clocks/timepieces are operational accessories, not manufacturing inputs, and therefore Modvat credit on duty paid for such cells is not admissible; any practice permitting such credit must cease and wrongly taken credits recovered.
    Additional tax under the provisions of Sec.143(1A)(i).
    Show AI Summary
    Additional income tax arising from returned loss adjustments can be specified by intimation and may create liability despite low taxable income.
    Additional income-tax may be levied where adjustments under the proviso to section 143(1)(a) increase computed total income relative to the return, including where a declared loss is reduced or converted into income below the taxable threshold; such additional tax must be specified in the intimation under section 143(1)(a)(i), but if the total adjustments remain below taxable income the additional tax is nil and an intimation under the second proviso cannot be issued in those circumstances.
    Central Excise - Classification of 'FLAT-BED SCREENS for printing textiles - Instructions - Regarding
    Show AI Summary
    Classification of developed textile screens as technical textile articles leads to their assessment under an industrial-use tariff heading.
    Flat-bed screens for textile printing are produced by affixing nylon bolting cloth to frames, coating with light-sensitive emulsion, exposing and developing to produce a hardened design; after exposure and development the textile ceases to be a sensitised textile and becomes a developed photographic textile article suitable for industrial use and is classifiable under heading 59.09 as a textile article of a kind used for technical purposes.
    Divergence among the Central Excise Collectorates in the matter of condonation of storage and handling losses of petroleum products in a refinery and in the method of determining the Quantities of petroleum products for the purpose of accountal in statutory Central Excise records
    Show AI Summary
    Storage and handling loss rules: uniform dip-measurement and monthwise cumulative condonation required for petroleum accountal.
    Storage losses are determined by dip measurements of storage tanks before and after each receipt or discharge; handling losses are the difference between quantity removed from storage (tank dip difference) and quantity loaded into tank wagons/lorry (wagon dip difference). Quantity removed is to be accounted in RG.1 and quantity loaded in AR 3As, GP1/GP2 or other clearance documents. Both storage and handling losses are to be submitted for condonation on an accumulative monthwise basis and the prescribed dip-measurement method must be uniformly followed by all Central Excise collectorates.
    37/89 - 13-12-1989 Central Excise
    Redressal of Public Grievances
    Show AI Summary
    Public Access to Officers: designated daily open hour ensures citizens may meet specified customs and excise officers without prior appointment.
    Officers of designated Central Excise and Customs supervisory ranks must set aside and display a daily public access period on the office Notice Board, stating that no prior appointment is necessary; each Collectorate/Customs House must issue a public Trade Notice and send copies of those notices to the Board to enable administrative oversight.
    29/89 - 13-12-1989 Central Excise
    Classification of Stators & Rotors used in the manufacture of Hermetically sealed Gas Compressors
    Show AI Summary
    Classification of compressor parts: stators and rotors for hermetic gas compressors are classifiable as compressor parts.
    Stators and rotors engineered for hermetically sealed gas compressors are parts suitable solely or principally for those compressors and are classifiable under the tariff provision for compressor parts rather than as parts of electric motors; the Board has modified earlier guidance to that effect prospectively and has directed field formations to be informed.
    Admissibility of MODVAT credit of duty paid on Carbon Electrodes used in the manufacture of Aluminium
    Show AI Summary
    Input classification of carbon electrodes allows MODVAT credit when used directly in aluminium manufacture, following technical opinion confirmation.
    Carbon electrodes used in the electrolytic manufacture of aluminium are to be treated as inputs for MODVAT credit because they are essential to the manufacturing process; duty paid on such electrodes is admissible as MODVAT credit, as confirmed by the Deputy Chief Chemist. By contrast, mercury electrodes, spot-welding electrodes/tips, and titanium-coated mild steel electrodes are not eligible for MODVAT credit based on the same technical examination, and duty paid on those items is not admissible.
    A.O.'s discretion u/s 220(6).
    Show AI Summary
    Assessing officer discretion to stay recovery of disputed tax during a pending appeal, subject to imposed conditions.
    Assessing officers may, in their discretion and subject to conditions they deem fit, treat an assessee as not in default for disputed amounts while an appeal remains pending; existing Instruction No.1362's factors and illustrative stay conditions remain operative to the extent not superseded by a later circular that set out government policy on recovery of disputed tax demands.
    Refund orders.
    Show AI Summary
    Refund dispatch procedure: small refunds may be delivered by notice servers while larger refunds require registered post.
    Refund orders prescribe that refunds up to Rs.2500 are to be delivered by notice servers, with a maximum ten-day holding period after which vouchers must be returned for immediate registered-post dispatch if required; refunds above Rs.2500 must be sent by registered post. All refund vouchers must be marked A/C PAYEE ONLY as an anti-fraud safeguard, and assessing officers must ensure strict compliance and inform officers in their regions.
    Central Excise - MMF - Dutiability of waste arising during the manufacture of texturised yarn and crimped yarn - Clarification regarding
    Show AI Summary
    Exemption for crimped yarn waste does not extend to waste from other texturised yarn manufacturing processes.
    The circular clarifies that Notification No. 214/79 exempts waste arising during the manufacture of crimped yarn only; crimped yarn is a distinct type of textured yarn and wastes from other texturised yarn processes (such as coiled, curled or looped yarns) are not covered by the notification and therefore do not qualify for its exemption.
    18/89 - 24-11-1989 Central Excise
    Central Excise - Classification of Animal Feed Supplements like Vitamin Mineral Feed - (1) Kentab tablets and food additives for dog (2) Fast track, (3) Provitone (4) Biolact - For poultry. - Regarding
    Show AI Summary
    Classification of animal feed supplements as animal feeding preparations, excluding classification under human food tariffs.
    Products such as vitamin mineral tablets and food additives for dogs and poultry, intended to remedy deficiencies and ensure a balanced animal diet and not fit for human consumption, are classifiable as preparations of a kind used in animal feeding under the Central Excise Tariff heading corresponding to HSN provisions for animal feed preparations; classification under human food headings is excluded, and field formations and trade are to be informed.
    Corrigendum of Notification No. 46/89-C.E.(N.T.), dated 11-10-1989
    Show AI Summary
    Input credit on vegetable oils clarified: credit must be taken based on quantity received into the factory for use.
    Corrigendum to Notification No. 46/89 C.E.(N.T.) amends condition (ii) to provide that credit shall be taken on the quantity of vegetable oils received into the factory for the purpose, establishing the quantity received into the factory as the basis for claiming input credit where processes are done in the same factory.
    Certification of licenced capacity of cement factories prior to 1-3-1988 as required under notification Nos. 36/87-C.E., dated 1-3-1987 and 124/87-C.E., dated 29-4-1987
    Show AI Summary
    Certification of licenced capacity: pre-authorised state certificates may be countersigned to validate entitlement and resolve pending claims.
    Certificates of licenced capacity issued by State Industry Departments or other authorised issuing authorities prior to the centralisation of certification may be validated by countersignature from the central certification authority, provided those certificates otherwise comply with the requirements of the relevant notifications; pending demands and refund matters should be disposed of accordingly.
    Irregular availment of Modvat Credit under Rule 57B - CERA objections - Instructions regarding
    Show AI Summary
    Concessional rate of duty requires Modvat input credit; absent admissible input credit, concessional duty is inapplicable.
    Concessional rate of excise duty under the notification is contingent on the manufacturer taking and using Modvat credit of duty paid on inputs under Rule 57A; if such credit is not admissible because inputs are exempt or non excisable, the concessional rate does not apply and audit objections on this basis are to be admitted and reflected in final assessments.
    Central Excise - Valuation - Includibility of cost of secondary packing - Supreme Court's decision in the case of Collector of Central Excise v. M/s. Pond's India Ltd., Reg
    Show AI Summary
    Includibility of packing cost: packing necessary for marketability must be included in assessable value under valuation rules
    Include in assessable value the cost of that extent of packing required to make articles marketable; exclude packing whose primary purpose is protection. How much packing is necessary is a question of fact to be determined by applying the marketability test; tribunals must inquire whether goods are usually sold in a given packed form rather than merely whether they could be sold without additional packing.
    Central Excise - Notification No. 201/85-C.E., dated 2-9-1985, as amended - Applicability of effective rates - Clarification regarding
    Show AI Summary
    Exemption notification statutory force: concession retained when sale price exceeds declared price, duty at next relevant slab.
    Where cigarette packages are sold at a price higher than the declared printed maximum sale price, the exemption notification issued under Rule 8 has statutory force and the duty must be determined by reading the tariff schedule together with that notification; such goods should be charged at the next relevant slab and concessional rate specified, and the notification's slab conditions govern applicability unless the notification expressly provides non operation for non compliance.
    Central Excise - Credit or Modvat benefit of CVD paid on steel sheets imported by M/s. IOC Ltd. - Clarification regarding
    Show AI Summary
    Modvat credit entitlement: importer-issued certificates may serve as duty-paying proof enabling downstream manufacturers to claim credit.
    Indian Oil Corporation Ltd.'s steel sheet imports through MMTC on a high-sea purchase basis, with customs papers filed at import and consignments split for onward supply, may be supported by certificates issued by the importer which will be regarded as duty paying documents evidencing payment of countervailing duty, thereby enabling cylinder manufacturers to claim Modvat credit; the same procedure applied to other public sector canalising agencies is to be followed and publicised by trade notices.
    Explanatory Notes on the provisions of the Direct Tax Laws (Amendment) Act, 1987 [as amended by the Direct Tax Laws (Amendment) Act, 1989]--Part II
    Show AI Summary
    Uniform financial year adopted as previous year - returns accepted if tax and mandatory interest paid; scrutiny limited.
    Adoption of the financial year as the uniform previous year standardises accounting periods and creates transitional provisions including proportional increases to statutory monetary limits, enhanced depreciation for extended transitional years, adjusted residency day-counts, and an average-rate method to compute tax for extended periods. The new assessment regime accepts returns as filed where tax and mandatory interest are paid, permits only arithmetic and prima facie adjustments from return documents, imposes time limits for intimations, and levies additional tax where adjustments increase returned income.
    Explanation to rule 11 of Schedule III to the Wealth-tax Act--Balance-sheet drawn up as on the relevant valuation date but not available to the shareholders on the due date of filing wealth-tax returns--Instructions regarding
    Show AI Summary
    Balance-sheet availability: use the immediately preceding balance-sheet to value unquoted shares when valuation-date sheet is unpublished.
    If a company's balance-sheet as on the relevant valuation date is not published or available to shareholders by the due date for filing wealth-tax returns, the value of unquoted equity shares under rules 11 and 12 of Schedule III may be computed on the basis of the balance-sheet drawn up as on a date immediately preceding the relevant valuation date; where returns adopt that basis, the Wealth-tax Officer must use the preceding-date balance-sheet for assessment even if the valuation-date balance-sheet is later available.
    Effective date of Notification 37/89-C.E. (N.T.), dated 16-8-1989
    Show AI Summary
    Exemption from cigarette packet marking allows use of prior marking standard during a transition period, fixing the notification's commencement date.
    A temporary exemption permitted cigarette packet marking to conform to the pre-amendment specification for a limited transition period, allowing compliance with the earlier marking standard to satisfy regulatory requirements; the exemption thereby determined the operative commencement date of the amending notification following the transition window.

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      Central Excise

      Redressal of Public Grievances

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      Public Access to Officers: designated daily open hour ensures citizens may meet specified customs and excise officers without prior appointment.
      Officers of designated Central Excise and Customs supervisory ranks must set aside and display a daily public access period on the office Notice Board, ... Summary

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