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    14/89 - 17-04-1989 Central Excise
    Endorsement of G. P. 1. - Availment of Modvat credit thereon - Instructions regarding
    13/89 - 17-04-1989 Central Excise
    Modvat - General permission under Rule 57F(1)(ii)
    Certain queries regarding terms “remuneration” and “last employment held” and other matters connected therewith clarified
    Conditions for appointment of managing/whole-time Director, etc.
    Deemed Public Company ‑ New criteria for conversion based on invitation and acceptance of deposits from public introduced by the Companies (Amen...
    Managing/Whole-time directors ‑ Whether approval under the section is required for appointment if made in accordance with section 268
    Managerial remuneration - In case of absence or inadequacy of profits ‑ When approval of the Central Government is not required as per in terms ...
    Deemed Public Company ‑ Private Companies becoming public companies by viture of sub‑section (1A) ‑ Criteria
    Managerial remuneration - Increase in director’s remuneration requires Government sanction ‑ Government’s approval is dispensed with in case...
    Chemical intermediates formed in the manufacture of pesticides - Problems of excise duty - Regarding
    24/89 - 12-04-1989 Central Excise
    Excise duty on thermocol sheets, boards, blocks etc. under heading No. 39.20 or 39.21 - Regarding
    22/89 - 12-04-1989 Central Excise
    Central Excise - Chapter 39 - Dispute regarding classification of 'Top Skin', 'Bottom Skin', 'Side Skin' and 'Shreddings' of Polyurethane foam
    24/89 - 11-04-1989 Central Excise
    Central Excise - Applicability of Central Excise Rules etc. - Collection of Cess - Regarding
    14/89 - 11-04-1989 Central Excise
    Assessment of Saggars and Moulds - Regarding
    13/89 - 11-04-1989 Central Excise
    Classification of Head Light Covers - Regarding
    Repayment of amount on the closure of account under the National Savings Scheme-Taxability of
    23/89 - 07-04-1989 Central Excise
    Credit of money scheme for use of minor oils in the manufacture of vanaspati - Whether til oil is eligible for the benefit under Notification No. 27/8...
    Balance-Sheet - Proforma for technical scrutiny of balance sheet by companies while filing the same with Registrar of Companies
    Central Excise - Valuation - Inclusion of royalty charges in the assessable value - Regarding
    3/89 - 06-04-1989 Central Excise
    Central Excise - Classification of cotton fabrics treated with resin, known as 'Spider Cloth' in the new tariff - Reconsideration of Tariff Advice 47/...
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    Circulars
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    14/89 - 17-04-1989 Central Excise
    Endorsement of G. P. 1. - Availment of Modvat credit thereon - Instructions regarding
    Show AI Summary
    Endorsement limits on GP1 control Modvat credit eligibility, with packing and quantity/duty specification requirements following part supplies.
    Modvat credit on endorsed GP1 is permitted subject to endorsement limits and packing and transfer conditions: an original GP1 endorsed once may be endorsed once more only if the entire consignment is transferred to a third party in original packing, and no subsidiary gate pass may be issued for GP1s endorsed twice. For part supplies where no subsidiary pass was issued, the GP1 may be endorsed to the buyer of the remaining consignment specifying quantity and duty for Modvat credit.
    13/89 - 17-04-1989 Central Excise
    Modvat - General permission under Rule 57F(1)(ii)
    Show AI Summary
    General permission under Rule 57F(1)(ii) allows assessee-wide clearances of inputs on payment of duty instead of per consignment.
    A general administrative permission under Rule 57F(1)(ii) permits all assessees to clear inputs as such on payment of duty without separate permission for each consignment; field formations must implement the instruction and issue trade notices, with acknowledgment of receipt requested.
    Certain queries regarding terms “remuneration” and “last employment held” and other matters connected therewith clarified
    Show AI Summary
    Remuneration disclosure threshold clarified: annual threshold applies for full year employees and prorates for non standard financial years.
    Disclosure obligations require prescribed particulars for employees meeting the remuneration thresholds: an annual threshold for those employed throughout the financial year and a monthly threshold for part year employees, with the annual threshold to be applied on a pro rata basis where the company's financial year is shorter or longer than 12 months.
    Conditions for appointment of managing/whole-time Director, etc.
    Show AI Summary
    Conditions for appointment of managing directors determine when government approval is required based on profit adequacy.
    Conditions for appointment of managing or whole-time directors are required to be satisfied only at the time of appointment; subsequent non compliance during tenure does not necessitate Central Government approval. Profit-related eligibility under clause (f) requires adequate net profits computed under sections 349-351 in the immediately preceding year or in any three of the four years prior; if profits are inadequate or cannot be computed, Central Government approval is required. Depreciation for profit computation is determined by the written down value method at Schedule XIV rates, applied to assets as shown in the books at year end.
    Deemed Public Company ‑ New criteria for conversion based on invitation and acceptance of deposits from public introduced by the Companies (Amendment) Act, 1989 ‑ Effective date
    Show AI Summary
    Deemed public company status arises when private firms invite and accept deposits by advertisement, effecting conversion on acceptance or renewal.
    A private company that invites and accepts deposits from the public by advertisement is deemed to have become a public company upon such acceptance; acceptance by other means does not cause conversion. The circular dated 13 4 1989 clarifies that deposits accepted after an advertisement prior to 15 June 1988 will render the company deemed public only when any such deposit is renewed, the deemed conversion taking effect from the renewal date.
    Managing/Whole-time directors ‑ Whether approval under the section is required for appointment if made in accordance with section 268
    Show AI Summary
    Government approval for managerial appointments unnecessary where appointment complies with statutory appointment provision under companies law.
    Where a managing or whole time director is appointed or re appointed in accordance with the statutory appointment provision, no Central Government approval under section 268 is required; compliance with the procedural and substantive requirements of the statutory appointment provision dispenses with separate sanction under the separate approval provision for managerial personnel.
    Managerial remuneration - In case of absence or inadequacy of profits ‑ When approval of the Central Government is not required as per in terms of the sub‑section as recast by the Companies (Amendment) Act, 1988
    Show AI Summary
    Managerial remuneration approval exemption when profits are absent; Schedule XIII compliance and salary cut condition allow payment without approval.
    Central Government approval is unnecessary for managerial remuneration during loss or inadequate profits if the appointment adheres to Schedule XIII and the general meeting resolution provides for the salary cut required by paragraph 2 of Part III of Schedule XIII; if remuneration is commission only under paragraph 2(ii) of Part II (Commission) of Schedule XIII, no remuneration is payable in case of loss.
    Deemed Public Company ‑ Private Companies becoming public companies by viture of sub‑section (1A) ‑ Criteria
    Show AI Summary
    Deemed public company rules: private firms exceeding the turnover threshold convert to public status after a three year period.
    Private companies whose average annual turnover over the relevant period of three consecutive financial years equals or exceeds Rs. 5 crores will be covered by the Explanation to section 43A and shall become public companies by virtue of section 43(1A) upon expiry of three months from the last date of the third financial year of that relevant period.
    Managerial remuneration - Increase in director’s remuneration requires Government sanction ‑ Government’s approval is dispensed with in cases where the increase in remuneration.
    Show AI Summary
    Managerial remuneration: increases compliant with prescribed Schedule terms require no government sanction and no fresh shareholder filings.
    Increase in managerial remuneration need not obtain Central Government sanction if it conforms to the terms in Part II read with Part III of Schedule XIII; where an earlier shareholders' resolution already covers the proposed increase or the comparable reduction requirement in Part III, no further resolution need be passed and no return need be filed with the Registrar of Companies.
    Chemical intermediates formed in the manufacture of pesticides - Problems of excise duty - Regarding
    Show AI Summary
    Excise duty treatment of captive chemical intermediates affects eligibility for exemption where final pesticide products are exempted from duty.
    Excise duty treatment of chemical intermediates formed and consumed during pesticide manufacture creates a gap because finished pesticides are exempt while intermediates cannot presently obtain the benefit of the captively consumed goods exemption; the Ministry has requested reports on assessment practice and problems faced to determine administrative or policy clarification.
    24/89 - 12-04-1989 Central Excise
    Excise duty on thermocol sheets, boards, blocks etc. under heading No. 39.20 or 39.21 - Regarding
    Show AI Summary
    Excise duty on thermocol intermediates: duty payable when used in manufacture of exempt plastic articles, enforcement and reporting urged.
    Excise duty applies to thermocol sheets, boards and blocks classified by cellular or non cellular character; when such intermediates are captively consumed in the manufacture of exempt plastic articles, duty at appropriate rates is chargeable. Polystyrene is the basic raw material; some manufacturers have evaded payment. Field formations are directed to charge duty where applicable and to send factual reports to the Board on the extent of evasion and remedial measures taken.
    22/89 - 12-04-1989 Central Excise
    Central Excise - Chapter 39 - Dispute regarding classification of 'Top Skin', 'Bottom Skin', 'Side Skin' and 'Shreddings' of Polyurethane foam
    Show AI Summary
    Classification of polyurethane foam skins reclassified as waste parings and scraps, prior guidance withdrawn and assessments to be finalised.
    Polyurethane foam products known as "top skin", "bottom skin", "side skin" and "shreddings" are to be classified as waste, parings and scraps of plastics; the earlier Ministry telex directing classification as flexible plastic sheets is withdrawn. Lower formations and trade must be informed and all pending assessments finalised on this basis, applying the departmental acceptance of the appellate classification to other assessees.
    24/89 - 11-04-1989 Central Excise
    Central Excise - Applicability of Central Excise Rules etc. - Collection of Cess - Regarding
    Show AI Summary
    Cess collection formalities: cess under Khadi-related law subject to Central Excise procedural and licensing requirements.
    The Board clarified that where a cess is to be levied and collected in the same manner as duties of excise, the procedural provisions of the Central Excise Act and Rules, including licensing and other formalities governing assessment, levy and collection, apply equally to the cess; field formations should advise and implement these excise compliance measures for cess payers.
    14/89 - 11-04-1989 Central Excise
    Assessment of Saggars and Moulds - Regarding
    Show AI Summary
    Exemption availability for saggars and moulds denied as tools fall outside the 'inputs' definition, rendering captive-use relief inapplicable.
    Exemption under Notification 217/86-CE does not extend to saggars and moulds because they are tools or appliances and therefore fall outside the definition of inputs; the Board has clarified the captive-use exemption is not available and field formations are to be informed.
    13/89 - 11-04-1989 Central Excise
    Classification of Head Light Covers - Regarding
    Show AI Summary
    Classification of head light covers as optical glass elements places them under the optical glass tariff heading rather than vehicle parts.
    Head light covers for automobiles are classifiable as optical elements of glass not optically worked and therefore fall within the tariff heading for optical glass elements rather than under motor vehicle parts, electrical lighting equipment, or the optical chapter for optically worked elements; the Board approved the tariff conference view and directed field formations accordingly.
    Repayment of amount on the closure of account under the National Savings Scheme-Taxability of
    Show AI Summary
    Deemed income on withdrawal: closure of National Savings Scheme accounts brings the withdrawn balance into taxable income, heirs excluded.
    Repayment on closure of a National Savings Scheme account is to be deemed income when a deduction under section 80CCA(1) was previously allowed; closure triggers withdrawal of the whole balance which falls within the deeming clause. Amounts paid to legal heirs on closure after the account holder's death are excluded from this deeming provision.
    23/89 - 07-04-1989 Central Excise
    Credit of money scheme for use of minor oils in the manufacture of vanaspati - Whether til oil is eligible for the benefit under Notification No. 27/87-C.E., as amended - Clarification regarding
    Show AI Summary
    Credit of money scheme: til oil excluded from credit-taking; credit utilisable for duty subject to per tonne ceiling, no weight deduction.
    Til oil, added after hydrogenation, is not eligible for taking credit under the Credit of Money Scheme. Credit lawfully earned may be utilised toward duty payment subject to the notification's utilisation ceiling; excess credit is not refundable or transferable. For purposes of utilisation the til oil component must not be deducted from the total weight of vanaspati.
    Balance-Sheet - Proforma for technical scrutiny of balance sheet by companies while filing the same with Registrar of Companies
    Show AI Summary
    Balance-sheet technical scrutiny checklist requires companies to annex a detailed compliance proforma when filing with the Registrar.
    Proposes a standardised proforma to be annexed to company balance-sheets filed with the Registrar under section 220 to enable technical scrutiny and ensure compliance with the Companies Act and Schedule VI. The checklist requires confirmations and particulars on register closures and advertisements, Directors' Report disclosures, auditors' reports and qualifications, borrowings and secured loans compliance, investments and related party transactions, loans to affiliates and directors including statutory limits and approvals, dividend treatment and unpaid dividends, asset registration and disposals, managerial appointments and approvals, meeting and record compliance, and specified operational break ups per Schedule VI.
    Central Excise - Valuation - Inclusion of royalty charges in the assessable value - Regarding
    Show AI Summary
    Inclusion of royalty charges as consideration: royalty must be added to price when determining assessable excise value.
    Royalty payments received separately by a manufacturer from the buyer constitute additional consideration for the sale of excisable goods and must be included with the price when computing assessable value under the Valuation Rules; assessment basis is price plus royalty and field formations are to apply this treatment.
    3/89 - 06-04-1989 Central Excise
    Central Excise - Classification of cotton fabrics treated with resin, known as 'Spider Cloth' in the new tariff - Reconsideration of Tariff Advice 47/84, dated 29-9-1984 - Matter regarding
    Show AI Summary
    Impregnated textile classification: resin treated cotton fabrics marketed as prepregs are excisable when fit for industrial moulding.
    Resin treated cotton fabrics that are partially cured or otherwise conditioned to extend shelf life and to be sold for later moulding function as prepregs and, when marketed or stored for industrial moulding uses, are excisable. By contrast, unmarketable intermediates with very short shelf life remain non excisable; factual evidence of treatment, marketability and intended industrial use should be examined in each case, and chemical testing may be obtained where necessary.

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      Central Excise

      Minutes of the monthly Modvat meeting - Point No. 17 regarding liability of duty on turnings and borings of aluminium arising during the course of manufacture of pistons

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      Movement of aluminium manufacturing scrap permitted under Rule 57F(2) allowing conversion and return for piston manufacture.
      The Board permits movement of aluminium scrap generated during manufacture of pistons for conversion into aluminium ingots and return for subsequent ... Summary

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      ActsIncome Tax