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    Circulars
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    13/86 - 06-05-1986 Central Excise
    Grant of Modvat credit at higher rate in respect of inputs obtained from Small Scale Industries Units under Rule 57B - Instructions regarding
    Show AI Summary
    Modvat credit documentation: require gate pass to state normal duty rate to verify higher deemed credit entitlement.
    Manufacturers clearing goods under the small scale industries concession must include "Normal rate of duty, but for small scale industries concession" in the gate pass to enable correct claiming of deemed Modvat credit under Rule 57B and to assist assessing officers in verifying RG 23A account entries; insertion in GP-I should be pursued via supplementary instructions under Rule 233 and any difficulties reported to the Board.
    Refrigerating and air-conditioning appliances and Parts and accessories
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    Duty applicability limited to specified refrigerating and air conditioning parts; levy applies only where parts fall under listed tariff headings.
    The rate of duty prescribed against S. No. 6 of Notification No. 166/86-C.E. applies only to parts and accessories of refrigerating and air conditioning appliances which are classifiable under Heading/sub heading Nos. 84.15, 84.18, 84.19, 8476.91, 8481.10, 8481.91, 8536.10, 9032.11 or 9032.91 or the Schedule to the Central Excise Tariff Act, 1985.
    Procedure of issue etc. of refund vouchers.
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    Refund voucher controls must ensure preparer/checker signatures, tallying of paid foils, and quarterly verification to prevent fraud.
    Instruction requires strict adherence to prescribed refund voucher controls: preparer and checker signatures on office copies, clerk or officer tallying of paid foils with office copies and recording encashment dates, and quarterly verification against Demand and Collection Registers to detect paid foils not returned within six months and initiate investigations for possible fraud.
    Interest in respect of doubtful debts.
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    Taxability of interest credited to suspense accounts revised by CBDT withdrawing prior instruction after legal and statutory developments.
    A prior Board instruction exempted interest credited to suspense accounts from tax after three years without recovery; a high court judgment held interest credited to an Interest Suspense Account taxable as income and the Finance Act introduced a deduction for provisions for bad and doubtful debts made by banks. Consequently, the Board has withdrawn the earlier instruction with immediate effect and directed officers to note the withdrawal.
    Determination of dealers in shares.
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    Dealer status in shares requires factual assessment whether holdings are trading assets or investments with account scrutiny.
    The Board declined to prescribe universal tests for identifying dealers in shares and directed assessing officers to determine, on the facts, whether a taxpayer's shares are trading assets or investments. Assessing officers must examine all relevant aspects and specially scrutinise the balance sheet and profit and loss account of assessees claiming dealer status in shares, using those financial statements as primary evidence in the classification.
    Compulsory Deposit Scheme (Income-tax Payers) Act, 1974-Repayment therein during Financial Year 1986-87-Regarding
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    Compulsory deposit release: deferred instalments under the scheme must be released and taxpayers informed promptly.
    The circular transmits Ministry of Finance directions that, although the Compulsory Deposit Scheme was discontinued from 1 April 1985, instalments due in 1985-86 which had been deferred for one year are to be released; it directs wide publicity to taxpayers and internal circulation to officers, with a Hindi version to follow.
    Filing of SLP against the order of Tribunal.
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    Special Leave Petition to overturn adverse precedent; file promptly with service certificate and order copy.
    Where a tribunal decision follows an earlier High Court ruling and the department's appeal on that point is pending, file a Special Leave Petition under Article 136 directly from the tribunal order rather than re raising the issue before the High Court. File within ninety days of service of the tribunal order and include a certificate of service and the copy of the served order. If the tribunal decision raises both issues covered by existing High Court precedent and other issues, seek a Reference to the High Court on all issues to avoid piecemeal progression to the Supreme Court.
    Classification of specified commodities under the new Central Excise Tariff
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    Classification of goods under central excise: clarified tariff headings and applicable interpretative rules for specified commodities.
    Clarifies tariff classification for specified commodities by assigning headings and applying interpretative rules and section notes: heavy water, cigarette filter rods (paper and textile), exclusion of wooden furniture as handicraft, sodium carboxy methyl cellulose, desiccated coconut eligible for exemption, plastics components to plastics chapter, equal blend polyester fabrics under Interpretative Rule 3(C) and Note 2(C) to Section XI, doubled yarns by material predominance, and composite paper containers under paperboard sub headings.
    Modification of Instruction No.1653.
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    Reporting instruction correction clarifies source references and restores omitted column formulas for MPR(IT) data reporting.
    Correction of Annexure A in Instruction No.1653 revises source references and restores omitted column formulas for MPR(IT) reporting: column B2 should adopt figures from item 7(b)(i) of Part V B (Current); column B6(ii) should adopt figures from Col.5(b) of Part V B (Current) only; omitted entries after B6(iii) are specified as the total of Col.6(i) and Col.6(ii), the Balance as Col.5 minus Col.6(iii), and the Total of arrears and current demand as Col.A(5) plus Col.B(7) (A5 + B7).
    11/86 - 15-04-1986 Central Excise
    Central Excises - Procedure to be followed for deposit of Central Excise duties during strikes etc. in the nominated banks and during prolonged holidays or sudden closure etc. of the banks
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    Deposit procedure for excise duties continues to follow prior instructions when nominated banks are inaccessible.
    Existing contingency instructions on deposits during strikes, prolonged holidays or sudden bank closures apply mutatis mutandis under the One Bank-One Collectorate scheme; where an assessee cannot deposit Central Excise duty in authorised branches, officers and taxpayers must follow the previously circulated procedures for alternative deposit and administrative handling.
    Inclusion of optional warranty charges in the assessable value under Section 4 - Question regarding
    Show AI Summary
    Inclusion of optional warranty charges in assessable value affirmed as taxable under assessability principles, affecting manufacturer wholesaler transactions.
    Optional warranty fees collected by a manufacturer from a wholesale purchaser are includible in the assessable value under the Central Excise Act, following the Supreme Court's principles on after sales service charges. The Law Ministry confirmed that such charges fall within assessable value computation. Prior departmental instructions permitting exclusion have been superseded, but assessments already finalised under the earlier instruction will not be reopened.
    Relaxations regarding Modvat Scheme
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    Modvat credit extension to all wire and cable manufacturers; deemed input credit recognised for specified base metals.
    Modvat credit for excise duty on PVC resins used in intermediate PVC compounds for electric wires and cables is extended to all manufacturing units irrespective of size; an administrative order concurrently provides deemed credit for specified base metals (iron, steel, aluminium, copper, zinc and lead), superseding the prior order and clarifying deemed input credit availability.
    Modvat scheme - Certain clarification - Regarding
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    Modvat credit entitlement clarified: documentation, input use, exempt outputs, and small scale unit treatment.
    Clarifies conditions for Modvat credit: delegation of powers, removal of inputs on returnable gate passes with prescribed accounts, application of existing stockyard relaxations, requirement that duty documents accompany inputs (with allowance for subsequent receipt and immediate use upon ledger entry), permissibility of credit for buyer supplied inputs with endorsement, chapterwise credit accounts and declarations, exclusion of credit for exempt final products except where segregation is impossible with prior debit before removal, transitional credit rules limiting credit for inputs taxed before the scheme start, and small scale unit eligibility subject to lapsing or repayment of credits.
    Excise duty exemption to small scale units - Difficulties regarding allowing relief in respect of goods leviable to specified rates of duty - Regarding
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    Excise duty exemption for small scale units clarifies valuation and slab-based duty calculation under the notification.
    Exemption under Notification No. 175/86-C.E. is based on manufacturer clearances; value means value as determined under Section 4 or tariff values, so eligibility depends on clearance value irrespective of specific or ad valorem duty. Extent of exemption is applied by clearance slabs: the first slab is fully exempt, and for the next slab excise duty is the normal rate reduced by a ten percent advance adjustment of the assessable value, with duty expressed on a per unit basis as illustrated in the cement example.
    Central Excise - Acceptance of F.O.B. value in case of exports - instructions regarding
    Show AI Summary
    Acceptance of FOB value makes FOB the assessable value for exports while dispensing with routine price list filing.
    The Board directs that f.o.b. value shall be accepted as the assessable value for exported goods and for export rebate claims and bond-account adjustments, but f.o.b. valuation applies only when goods are proved exported; diverted consignments require filing of price lists and recovery of duty. Filing of price lists for exports is dispensed with by granting exporters the option under rule 173C(11), with Collectors permitted to delegate this power to Assistant Collectors for the specified purpose.
    Warehousing - Waiver of interest in the customs duty under Section 61(2) of the Customs Act, 1962
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    Waiver of interest under Section 61(2) for warehoused capital goods - automatic extensions urged for export obligations.
    Waiver of interest under Section 61(2) applies to customs duty on warehoused imports; capital goods imported by Export Oriented Units must be kept in bonded warehouse for the entire export obligation period, and extensions beyond the initial one year warehousing term for such goods should be treated as automatic. Officers are directed to advise Export Oriented Units to apply for longer warehousing extensions and for waiver of interest, following the Board's instructions.
    Effect of higher income estimates/shown for assessment year 1986-87, in relation to assessment for later years-Clarification regarding
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    Disclosure immunity extended: voluntary disclosure and prompt tax payment grant immunity from penalty and prosecution, late filing excluded.
    Amnesty extended to September 30, 1986 for disclosures relating to assessment year 1986-87 or earlier; disclosure of true income and wealth in returns and prompt payment of taxes due under section 140A of the Income-tax Act and/or section 15B of the Wealth-tax Act grants immunity from penalty and prosecution, but immunity does not cover penal consequences of late filing where the return is not filed by the due date under section 139(1) of the Income-tax Act or section 14(1) of the Wealth-tax Act.
    Disposal of revision petitions.
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    Pendency reduction requirement mandates staged disposal of revision petitions with quarterly compliance reporting and action plan adherence.
    Instruction mandates reducing a recorded pendency of 21,255 revision petitions by implementing an Action Plan that requires staged disposal across the quarters ending 30 June, 30 September and 31 December 1986, with the objective of reducing overall pendency by 78% by 31 December 1986; administrative units must adhere strictly to the schedule and submit a compliance report at the end of each quarter in the first week of the following month.
    9/86 - 01-04-1986 Central Excise
    Permission to Export Houses to enter into General Bond for export - Instructions regarding
    Show AI Summary
    General bond permission allowed during a limited grace period after certificate expiry subject to proof of fresh registration application.
    Merchant exporters may be permitted to enter into a general bond for export for a limited grace period after expiry of their Export House Certificate provided they furnish proof of application for a fresh registration certificate. The concession terminates if the exporter is de registered earlier, and a declaration must be procured that the exporter has applied for renewal and will notify the Central Excise Officer within seven days of de registration. An alternative export provision obviates insistence on the Export House Certificate in certain cases.
    P.L.A. - Maintenance of
    Show AI Summary
    Personal Ledger Account consolidation allowed where the proper officer is the same, with accounting safeguards preserved.
    Change to the harmonised tariff permits a single current Personal Ledger Account for all goods manufactured by an assessee when the proper officer is the same, subject to compliance with the proviso to sub rule (i) of Rule 173G; multiple PLAs may be allowed at the licensee's request with transfer of credits. Deposits remain classified by major and minor heads, existing PLA numbering may continue, and debits must be entered sub headingwise to enable reconciliation and revenue compilation. Separate Accounts Code Directory instructions have been issued for computerisation.

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      Central Excise

      Relaxations regarding Modvat Scheme

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      Modvat credit extension to all wire and cable manufacturers; deemed input credit recognised for specified base metals.
      Modvat credit for excise duty on PVC resins used in intermediate PVC compounds for electric wires and cables is extended to all manufacturing units ... Summary

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      ActsIncome Tax