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    Excise Duty payment on LPG Bulk Movements on stock transfer to Bottling Plants.
    "Transaction value" under Section 4 of the Central Excise, Act, 1944 - As made effective from 1-7-2000 - Abatement/deduction of freight from composite...
    Excise Duty on Kerosene distributed through P.D.S.
    Classification of Rubber Cement or Black Vulcanizing Cement rubber solution etc. whether under 35.06 or 40.05 of the Schedule to CET
    Appeals in CEGAT - proper authorisation - instructions
    CA No. 5832 of 1999 – in the matter of CCE, Meerut v. M/s. Surya Roshini Ltd. – inclusion or otherwise of transit risk insurance for the purpose o...
    Change of the name of the "Directorate General of Anti-Evasion" as "Directorate General of Central Excise Intelligence" - Regarding
    Central Excise – Valuation under section 4A – Extending the scheme to more commodities
    Classification of Dhoti/Sarees, as Fabric under Chapter 52/54/55 or as made-up articles under Chapter 63 - regarding
    Classification of Micronised Zircon sand / Zirconium Silicate (Opacifier)
    Duty - Section 11A - SCN under the amended section to cover extended period.
    Leviability of Additional Excise Duty (Textile and Textile Articles) Act, 1978 in respect of DTA clearances of yarns made by 100% EOUs.
    Classification of LD Slag arising in bulk in Steel plants - regarding
    Recovery and write-off instructions for arrears of revenue
    Petroleum Products - Change in the duties
    Central Excise-Instructions relating to monitoring of Excise Audit-2000 by Directorate General of Audit and extension of scope of EA-2000 - Regarding
    Appeal to the Supreme Court by the assessee - need for timely filing of counter affidavits and briefing of panel advocates - instructions reg.
    Determination of assessable value of the petroleum products-under- erstwhile Sec. 4 - addition of compensation received from Oil Pool account-reg.
    Central Excise - Classification of Plastic/Steel/Aluminium Grills used in air conditioners - Regarding.
    Monthly payment of Central Excise Duty by Small Scale industries Instructions - Regarding
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    Excise Duty payment on LPG Bulk Movements on stock transfer to Bottling Plants.
    Show AI Summary
    LPG valuation: bulk removals destined for bottling to be taxed at the administered packed-LPG price, subject to refund conditions.
    The Government accepted the Tribunal's approach that LPG cleared in bulk for subsequent bottling for domestic supply be valued at the lower OCC price fixed for packed domestic LPG in the context of the administered price regime. This acceptance applies to all similar disputes, subject to refunds being allowed without interest and the principle against unjust enrichment, and requires oil companies to pay differential duty where LPG was cleared at packed prices but sold in bulk.
    "Transaction value" under Section 4 of the Central Excise, Act, 1944 - As made effective from 1-7-2000 - Abatement/deduction of freight from composite prices
    Show AI Summary
    Transaction value rules: freight deductible only when separately invoiced and actually charged; uniform inclusive pricing prohibits deduction.
    Freight included in a composite price may be excluded from transaction value only if the cost of transportation is separately shown in the invoice and equals the actual freight charged; uniform or equated freight embedded in a composite or factory gate price does not permit deduction.
    Excise Duty on Kerosene distributed through P.D.S.
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    Exemption for kerosene distributed through PDS affirmed where technical specifications are met under the ordinary-use interpretation.
    The excise exemption for kerosene distributed through the Public Distribution System applies where the kerosene satisfies the prescribed technical specification and is ordinarily used as an illuminant; the Board accepts the Tariff Conference interpretation that "ordinarily used" permits other uses, so the exemption applies to PDS-supplied kerosene meeting the specification even if consumers subsequently use it for other purposes, and pending disputes should be settled accordingly.
    Classification of Rubber Cement or Black Vulcanizing Cement rubber solution etc. whether under 35.06 or 40.05 of the Schedule to CET
    Show AI Summary
    Classification of rubber adhesives reallocated to prepared adhesives heading, altering tariff treatment and directing reassessment.
    The Board modifies earlier circulars to direct that products marketed as vulcanizing solution, rubber solution, universal spray cement, rubber cement and black vulcanizing cement, which essentially comprise rubber compound with vulcanizing agents, adhesives and solvents and are used for adhesive properties in tyre retreading, are classifiable under Heading 35.06 (prepared adhesives) instead of Heading 40.05; field formations are to be informed, trade advised, and pending assessments/disputes finalised accordingly.
    Appeals in CEGAT - proper authorisation - instructions
    Show AI Summary
    Proper authorisation of departmental representatives prevents appeals being dismissed on technical grounds and preserves adjudicative review.
    Board directs Commissioners to personally examine and ensure proper authorisation for departmental appeals to prevent their dismissal by the tribunal on technical grounds, and advises that Commissioners should, where possible, sign the EA-3 or CA-3 and verification reports to obviate separate authorisations.
    CA No. 5832 of 1999 – in the matter of CCE, Meerut v. M/s. Surya Roshini Ltd. – inclusion or otherwise of transit risk insurance for the purpose of determination of assessable value of bulbs and tubes – question regarding
    Show AI Summary
    Transit risk insurance: payments for breakages are compensation, not transport cost, and cannot be treated as insurance.
    The assessee included a transit insurance charge in the price of goods and sought deduction as part of freight; the department found the charge was reimbursement for breakages and disallowed it; the Tribunal allowed the deduction but the Supreme Court held that payments to make good transit breakages are not insurance nor part of transportation cost and are compensatory credit note adjustments to customers.
    Change of the name of the "Directorate General of Anti-Evasion" as "Directorate General of Central Excise Intelligence" - Regarding
    Show AI Summary
    Directorate name change: references to the former designation now read as Central Excise Intelligence in Board communications.
    Change of designation of the Directorate General from Directorate General of Anti Evasion to Directorate General of Central Excise Intelligence, to be construed in existing and future decisions, orders, letters, instructions and circulars issued under the Central Excise Act, 1944 and related rules, unless the context otherwise requires.
    Central Excise – Valuation under section 4A – Extending the scheme to more commodities
    Show AI Summary
    MRP-based excise valuation extended to additional commodities; implementation directed and field officers to guide manufacturers.
    Extension of the MRP-based valuation scheme under Section 4A by Notification No. 52/2000 (N.T.), prescribing specified abatement percentages against MRP for sixteen additional excisable goods and directing that the notification come into force on the first of December, with trade notices issued and field officers instructed to guide manufacturers to adopt the new assessment procedure.
    Classification of Dhoti/Sarees, as Fabric under Chapter 52/54/55 or as made-up articles under Chapter 63 - regarding
    Show AI Summary
    Classification of dhotis and sarees as fabrics confirms they remain under fabric chapters for excise classification, not made-up articles.
    The Circular clarifies that unhemmed/unstitched dhotis and sarees woven in running lengths with uniform weave and lacking extra threads that form a substitute hem will continue to be classifiable as fabrics under Chapters 52/54/55. Rectangular articles simply cut from such running-length fabrics without other working, and not incorporating fringes formed by cutting dividing threads, even if folded or packed, are not regarded as produced in the finished state and merit classification as fabrics.
    Classification of Micronised Zircon sand / Zirconium Silicate (Opacifier)
    Show AI Summary
    Classification of micronised zircon sand as a mineral substance shifts tariff treatment from prepared opacifier to mineral goods.
    Micronised zircon sand marketed as an opacifier undergoes purification and ultra fine grinding (micronisation) without chemical transformation; micronisation is a physical size reduction to fit the product for opacifier use and is not a metallurgical process. Consequently, the Board confirms classification of micronised zircon sand as a mineral substance under 2505.00 of the Central Excise Tariff (NES), and directs settlement of pending disputes and notification to field formations and trade.
    Duty - Section 11A - SCN under the amended section to cover extended period.
    Show AI Summary
    Retrospective limitation extension permits issuance of show-cause notices covering extended prior periods under amended excise provision.
    The amended excise limitation provision operates retrospectively, so that when jurisdiction is invoked a show-cause notice may cover the full extended assessment period preceding the notice; relying on a Supreme Court precedent and legal advice, administrative guidance was modified to permit issuance of such notices under the amended provision.
    Leviability of Additional Excise Duty (Textile and Textile Articles) Act, 1978 in respect of DTA clearances of yarns made by 100% EOUs.
    Show AI Summary
    Levy of Additional Excise Duty on EOU-produced yarns clarified to apply on domestic clearances alongside basic excise.
    AED under the Textile and Textile Articles Act applies to yarns manufactured by a 100% export oriented unit and cleared into the domestic tariff area from indigenous raw materials; such DTA clearances attract both basic central excise duty and Additional Excise Duty by virtue of the proviso to Section 3(1) and the amendment expanding excise liability to duties leviable under other laws, aligning EOU liability with domestic manufacturers and permitting recovery where AED has not been collected.
    Classification of LD Slag arising in bulk in Steel plants - regarding
    Show AI Summary
    Classification of LD slag as industrial slag under tariff heading clarifies duty liability and assessment practice.
    LD Slag produced during steelmaking is a hard mixture of oxides and dust that, as removed, has no identity as a fertilizer; it becomes usable as a soil conditioner only after processing. Classification is determined by the condition at removal; the Board confirmed LD Slag arising in bulk in steel plants is classifiable as slag under sub-heading 2619.00, chargeable to the appropriate rate of duty, with existing assessment practice to continue and pending disputes to be settled accordingly.
    Recovery and write-off instructions for arrears of revenue
    Show AI Summary
    Attachment and sale of property to recover excise arrears; refer stale certificate cases to Recovery Cells and permit write off.
    Direct Commissioners to use attachment and sale provisions to recover confirmed central excise dues by transferring pending Certificate Action cases to Recovery Cells where debtor assets exist; if dues remain unrecoverable despite recovery efforts, initiate write off under Schedule VII of the Delegation of Financial Powers. The Board will monitor transfers and Recovery Cell performance through MTRs and requires significant arrears not responsive to coercive measures to be taken up by Recovery Cells.
    Petroleum Products - Change in the duties
    Show AI Summary
    Customs duty reduction on petroleum products and CENVAT adjustments for diesel and petrol take effect, altering import and excise charges.
    Reduced basic customs duties on crude petroleum and specified petroleum product headings take effect 30 September 2000; kerosene for parallel marketing retains a higher duty. Administrative notifications implement reductions. Adjustments in excise/CENVAT treatment: High Speed Diesel receives a CENVAT charge of twelve percent after exemption beyond seventy five percent of CENVAT duty, and Motor Spirit is exempted from special excise duty and is chargeable only to CENVAT at sixteen percent.
    Central Excise-Instructions relating to monitoring of Excise Audit-2000 by Directorate General of Audit and extension of scope of EA-2000 - Regarding
    Show AI Summary
    Audit monitoring transfer: Directorate General of Audit to oversee EA-2000 and extend audit coverage to additional large units.
    Responsibility for implementation, development and monitoring of Excise Audit-2000 (EA-2000) is transferred immediately to the Directorate General of Audit, which will receive all related communications and assist the Board in oversight. Commissioners must undertake a consolidated April-September evaluation and forward reports by prescribed deadlines; commissionerates that have completed initial EA-2000 audits are to extend EA-2000 to additional large units previously audited under the normal system. Chief Commissioners and Commissioners must also accelerate training of audit parties and inform trade and field formations.
    Appeal to the Supreme Court by the assessee - need for timely filing of counter affidavits and briefing of panel advocates - instructions reg.
    Show AI Summary
    Timely filing of counter affidavits ensures departmental representation and proper briefing of panel advocates in appeals.
    Commissioners must forward notice of lodgement of appeal, appeal paper books and parawise comments in duplicate to the Board within the prescribed short timeframe so that counter affidavits can be prepared and panel advocates briefed; where notices or papers are missing, a deputed officer should liaise with the CBEC Judicial Cell and the Central Agency Section to enable timely filing and representation.
    Determination of assessable value of the petroleum products-under- erstwhile Sec. 4 - addition of compensation received from Oil Pool account-reg.
    Show AI Summary
    Administered price mechanism: oil pool compensation is not included in assessable value for subsidised kerosene sales.
    Contributions from the Oil Pool Account that compensate oil companies for under-recovery on subsidised Superior Kerosene Oil sold at administered prices are not includible in the assessable value, because administered prices fixed under the statutory framework qualify as "price fixed under law" and the valuation proviso treats that price as the normal price, excluding subsequent additions such as Oil Pool compensation.
    Central Excise - Classification of Plastic/Steel/Aluminium Grills used in air conditioners - Regarding.
    Show AI Summary
    Classification of air-conditioner grills depends on whether they are principally suitable for use with excisable air conditioning machinery.
    Grills manufactured solely or principally for use as parts of air conditioning machines merit classification as parts of air conditioning machinery and are classifiable under the tariff heading applicable to such machines; general purpose grills should be classified according to their constituent material under the respective chapters for plastics, steel or aluminium.
    Monthly payment of Central Excise Duty by Small Scale industries Instructions - Regarding
    Show AI Summary
    Monthly payment of central excise duty permitted unit-wise for small scale manufacturers, including branded clearances from same unit.
    Duty liability for manufacturers claiming SSI status must be determined and discharged unit-wise: where a unit avails SSI exemption but also clears branded goods for others from the same unit at normal rates, the manufacturer may use the monthly payment facility for all clearances from that unit. A unit that manufactures only branded goods for others and does not avail exemption cannot claim the monthly-payment benefit and is to be treated as an other-than-SSI unit for duty payment.

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      Central Excise

      "Transaction value" under Section 4 of the Central Excise, Act, 1944 - As made effective from 1-7-2000 - Abatement/deduction of freight from composite prices

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      Transaction value rules: freight deductible only when separately invoiced and actually charged; uniform inclusive pricing prohibits deduction.
      Freight included in a composite price may be excluded from transaction value only if the cost of transportation is separately shown in the invoice and ... Summary

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