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    7/89 - 22-02-1989 Central Excise
    Classification of Wall Coverings - Regarding
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    Classification of wall coverings: end use and character determine tariff placement under Heading 48.14 for wall coverings.
    Textile or textile-surfaced articles marketed and used as wall coverings are classifiable under Heading 48.14 of the Central Excise Tariff based on the character and end use of the article, notwithstanding narrower scope in HSN notes; the CET does not adopt the HSN width restriction, and articles of narrower width known and used as wall coverings may also fall under this heading.
    13/89 - 21-02-1989 Central Excise
    Terpeneol BP/BPC - Classification of
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    Terpeneol classification: bulk treated as cyclic alcohol; therapeutically packaged, measured-dose products qualify as medicament.
    Terpeneol is classifiable as a cyclic alcohol under heading No. 29.06 (previously No. 29.02) in its bulk/commercial form. It will be classifiable under heading No. 30.03 as a medicament only when it is suitable for therapeutic or prophylactic use and is an unmixed product put up in measured doses or in packings for retail sale or for use in hospitals. Field formations are to apply these principles and finalise pending assessments.
    Application form to be filled up in all respects and signed by one of the promoters ‑Instructions to Registrars.
    Show AI Summary
    Name availability application requirements: full promoter signing, matching subscriber details, registrar to obtain no objection letters and act promptly.
    Applications for name availability must be fully completed and signed by one or more promoters, including names and addresses of prospective directors/promoters and applicants. Registrars must verify that subscribers to the memorandum and articles match the promoters/first directors listed in the application and obtain a No objection Letter from any promoter who later declines participation, while disposing of applications within the prescribed timely period and corresponding with applicant promoter(s).
    12/89 - 15-02-1989 Central Excise
    Classification of magnetic ferrite with a binder (in the form of power/pellet)
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    Classification of magnetic ferrite as a chemical intermediate: treated under chemical tariff heading and captive use attracts no duty recovery.
    Magnetic ferrite with a binder in powder or pellet form, produced by grinding, drying and calcining of iron-oxide and carbonates, is classifiable under the chemical tariff heading corresponding to ferrites; the Board endorsed this classification and specified retrospective CET subheading treatment. When captively consumed in manufacture of dutiable finished magnet articles, no duty is recoverable under the cited notification, and pending assessments are to be finalised accordingly.
    6/89 - 14-02-1989 Central Excise
    Classification of Printed Tops
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    Classification of printed tops: flattened printed sheets for hosiery packing treated as coated paper, not unfinished cartons.
    Flattened printed sheets of paper or paperboard used as removable tops for hosiery packing are classifiable as paper and paperboard coated, impregnated or covered with plastic rather than as unfinished cartons; they are sheets only and should not be treated as incomplete boxes under rules of interpretation.
    14/89 - 14-02-1989 Central Excise
    Notification No. 36/87-C.E., dated 1-3-1987, as amended - Whether applicable to 'substantial expansion'/ 'modernisation' units - Clarification regarding
    Show AI Summary
    Notification applicability limited to new units commencing production after the operative date; expansions and modernisations excluded.
    Notification No. 36/87-C.E. is limited to new units commencing cement production on or after the operative date; substantial expansion or modernisation of existing factories do not qualify unless the work results in a totally independent unit that has come into production after the operative date. Field formations and trade are to be informed and pending assessments finalised accordingly.
    Issue of certificate for tax deducted at source under various provisions of the Income-tax Act-Unified Form No. 16-Effective from 1-4-1989-Regarding
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    Tax deduction certificate requirement: unified Form No.16 must be government printed and supplied to deductors on application.
    Form No.16 replaces multiple prior certificate forms and must be furnished to the payee within the period prescribed by the Income-tax Rules, stating prescribed particulars including amount deducted. Form No.16 is to be printed in serially numbered book form by the Central Government and supplied to the person deducting tax on application in Form No.17 to the Commissioner of Income-tax having jurisdiction.
    11/89 - 13-02-1989 Central Excise
    Classification under Heading No. 27.10 or 27.13 or 27.07
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    Tariff classification: processed speciality oils treated as aromatic petroleum products, therefore classifiable as similar aromatic residues.
    Processed speciality oils obtained by blending furfural extracts are individually identifiable rubber processing oils and thus do not remain classifiable as "other residues of petroleum oils"; because aromatic constituents predominate under Chapter Note 2 of Chapter 27, such processed oils are appropriately classifiable under the heading for similar aromatic products, and pending assessments should be finalised on that basis.
    13/89 - 12-02-1989 Central Excise
    Terpeneol BP/BPC - Classification of
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    Classification of Terpeneol as cyclic alcohol: bulk supplies fall under the chemical heading, packaged therapeutic doses qualify as medicament.
    Terpeneol BP/BPC is generally classifiable as a cyclic alcohol under the chemical tariff heading when in bulk or commercial form; it is classifiable as a medicament only if it is an unmixed product suitable for therapeutic or prophylactic use and put up in measured doses or packings for retail sale or hospital use. Field formations and trade are to be advised and pending assessments finalised on this basis.
    9/89 - 10-02-1989 Central Excise
    Set off of additional duty paid on imported naphthalenes
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    Set-off of additional duty on imports requires an express notification provision; additional duty is not treated as excise duty.
    Set-off under Notification No. 432/86-C.E. is confined to duty of excise as defined under the Central Excises and Salt Act, 1944, and does not extend to additional duty levied under the Customs Tariff Act, 1975. Additional duty, though charged at a rate equivalent to excise, is not equivalent in legal character and can be set off only where a notification expressly provides for such set-off; pending assessments should be finalised on this basis.
    10/89 - 10-02-1989 Central Excise
    Classification of polyurethane foam products obtained in the mould
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    Classification of polyurethane foam: moulded products lacking a separate primary form are treated as finished polyurethane goods.
    Moulded polyurethane foam produced by pouring reactive mixture into predetermined moulds does not yield a separate primary form; such goods must be classified as finished polyurethane goods. Moulded blocks that are uniform in predetermined dimensions constitute blocks of regular geometric shape and are classifiable as blocks, whereas moulded items serving specific purposes are classifiable as articles of polyurethane foam.
    5/89 - 08-02-1989 Central Excise
    Classification of Carbon Electrode Blocks/Paste
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    Classification of carbon electrode paste and blocks as preparations based on carbon under tariff heading 38.01 is confirmed.
    Carbon electrode paste and blocks produced from anthracite/calcined petroleum coke with binder pitch differ from baked electrodes in conductivity, resistivity, mechanical strength, volatiles and thermal behaviour; these distinctions lead to their classification as "preparations based on graphite or other carbon in the form of paste, block, plates or other semi-manufactures" and therefore as classifiable under heading 38.01 of the Central Excise Tariff.
    12/89 - 08-02-1989 Central Excise
    Clarification regarding Notification No. 11/88-Central Excises (N.T.), dated 15-4-1988 - Regarding
    Show AI Summary
    Consolidation of excise notifications prompts administrative clarifications on Rule 174A and invites further queries to the Board.
    The Board clarified implications of the consolidation effected by Notification No. 11/88 Central Excises (N.T.), which merged prior notifications issued under Rule 174A. Specific doubts raised were examined and addressed in an annexure listing detailed clarifications on how the consolidated notification relates to earlier notifications and administrative practice. Remaining uncertainties are to be referred to the Board for further guidance.
    Revised schedule of fee of standing counsels and guidelines regarding their appointment appraisal etc.
    Show AI Summary
    Revised fee schedule updates counsel appointment, appraisal and payment procedures governing income tax litigation representation.
    Revised schedule updates fees, retainership and allowances for Senior, Standing and Junior Standing Counsels and prescribes appointment procedures through Chief Justice proposals and Chief Commissioner recommendations; initial one year engagements with renewable multi year terms subject to annual performance appraisal, mandatory consultation with the High Court, advance submission for renewal, and termination on short notice. Duties, private practice limitations, case allocation responsibility, detailed fee items, payment stages, rules for connected and uncontested cases, and definitions of operative terms are set out to govern litigation representation and administrative oversight.
    1/89 - 23-01-1989 Central Excise
    Endorsement of subsidiary gate passes - Request regarding
    Show AI Summary
    Endorsement of subsidiary gate passes permitted once for availing Modvat credit when entire material is transferred to another person.
    Subsidiary gate passes and certificates issued by public sector undertakings and canalising agencies may be endorsed only once for the purpose of availing Modvat credit, and only if the entire material covered by the document is sent to another person; this supersedes earlier instructions prohibiting further endorsement.
    Interest Tax Act-Review of Interest tax cases of Scheduled banks.
    Show AI Summary
    Interest-tax deduction adjustment must promptly trigger simultaneous revision of income-tax assessments to correct taxable profits.
    Where a scheduled bank's interest-tax liability is reduced on appeal, revision or other proceeding under the Interest Tax Act, the assessing officer must immediately revise the corresponding income-tax assessment for the relevant year to adjust the deduction previously allowed, and report reviewed cases and additional tax demanded to the Board; future appellate adjustments must be implemented simultaneously and compliance monitored by Deputy Commissioners and Internal Audit.
    8/89 - 19-01-1989 Central Excise
    Classification of Napthalene under Chapter 27 or Chapter 29 of the CET
    Show AI Summary
    Naphthalene classification: products meeting the crystallising point threshold treated as Chapter 29 items; lower purity under Chapter 27.
    Naphthalene with a crystallising point of 79.4 C or more is classifiable under Chapter 29 of the CET (HSN heading for refined naphthalene), whereas naphthalene of lower purity is classifiable under Chapter 27; pending assessments should be finalised and field formations and trade notified accordingly.
    6/89 - 19-01-1989 Central Excise
    Permission under Rule 56-B for carrying certain processes on fabrics - Regarding
    Show AI Summary
    Permission under Rule 56B is inapplicable for manufacturing processes on fabrics; non manufacturing processes remain permissible.
    Permission under Rule 56-B to clear dutiable fabrics without payment of duty is not available for processes that amount to manufacture (for example bleaching, dyeing, printing, shrink proofing, stentering, heat setting) because exemption may only be granted by an excise notification; however, non manufacturing ancillary processes (for example packing, stamping, inspecting, checking, folding, mending) can be permitted under Rule 56 B.
    5/89 - 19-01-1989 Central Excise
    Confiscation of seized goods
    Show AI Summary
    Confiscation of seized goods: order mandatory even if goods destroyed to prevent compensation claims and avoid redemption options.
    Adjudicating authorities must order confiscation when an offence relating to seized goods is proved; physical presence of the goods is not required for confiscation and an order transfers ownership to the Central Government. If seized goods are destroyed while in government custody, the Collector should order confiscation and refrain from offering redemption on payment of a fine, thereby preventing compensation claims arising from the absence of a confiscation order.
    7/89 - 18-01-1989 Central Excise
    Different possible classification of Polyols and Isocyanates
    Show AI Summary
    Separate classification of polyols and isocyanates affirmed; each component must be assessed on its own merits for excise duty.
    When polyols and isocyanates are presented together at sale, they must be evaluated and assessed individually on their merits for Central Excise duty; the technical authority concurred and supplied suggested classification options to guide consistent, component-wise assessment.

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      Central Excise

      Classification of polyurethane foam products obtained in the mould

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      Classification of polyurethane foam: moulded products lacking a separate primary form are treated as finished polyurethane goods.
      Moulded polyurethane foam produced by pouring reactive mixture into predetermined moulds does not yield a separate primary form; such goods must be ... Summary

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