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CKD/SKD imports-Normal duty as on complete articles payable import Licence essential even if FIPB/SIA approval exists
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Assessment as complete articles for CKD/SKD imports requires normal duty and a valid import licence despite project approvals.
Unassembled or partially omitted CKD/SKD imports that when assembled retain the essential character of the finished article are to be assessed as complete articles for customs duty. Such CKD/SKD imports require a specific import licence under EXIM policy even if project approvals exist; inadvertent non-possession of a licence should be remedied by allowing licence procurement and, in genuine cases, provisional clearance under ITC bonds pending licence production.
Recovery of Govt. dues - guidelines issued
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Delegation of recovery powers: customs may attach and sell property when other recovery routes fail, with procedural safeguards.
Amendments empower customs officers to attach and sell movable and immovable property to recover government dues under rules notified by the Central Government, while preserving recovery through district authorities and prohibiting simultaneous district and customs action. Proper officers must follow a threshold-based sequence: attempt certificate recovery through district authorities for smaller claims, notify the district authority by registered communication if recovery fails within the specified notice period and then initiate recovery via the Commissioner of Customs/Excise with jurisdiction over the defaulter's property, residence, business or bank accounts; larger claims permit direct commissioner-led recovery. Maintain records of customs-led recoveries.
Export under Claim for rebate of duty on excisable materials used in the manufacture of export goods [Rule 12(1)(b)] procedure regarding
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Input stage rebate for excise duty: manufacturers may claim rebate on duty paid inputs used in exports subject to verification and procedural requirements.
Rule 12(1)(b) grants an input stage rebate of Central Excise duty on duty paid excisable materials used in manufacture and packing of exported goods under Notification 42/94, subject to exclusions (energy, capital goods, certain export schemes), manufacturer only exports, prescribed declaration with consumption ratios, Collector verification and permission, maintenance of prescribed registers, submission of AR5 for removals, Customs endorsement of sealed consignments, and rebate claims to the Assistant Collector with documentary proof and FIFO based computation where duties/values vary.
DEEC Scheme - Clearance of bulk commodities may be allowed at any other ports than specified
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Clearance of duty free materials under the DEEC Scheme permitted from alternate ports when goods are bulk and easily identifiable.
Clearance of duty free imports and exports under the DEEC Scheme may be allowed from ports other than those specified when the goods are bulk, easily identifiable, non sensitive and not difficult to assess; such relaxation may be granted per Advance Licence/DEEC by Collectors. Administration at the permitting port or land customs station must be entrusted to the Assistant Collector of Customs, who shall supervise through officers not below the rank of Superintendent. The facility is not available where the port or station is manned only by Inspectors.
Zari and zari items to be treated as handicrafts - Notification No. 76/86-C.E.
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Handicrafts classification: zari made from duty-paid metallised polyester film treated as handicrafts eligible for exemption.
Imitation or real zari-including Kasab, Kalabatu, tilla, wire thread, zari thread and metallic yarn-made from duty-paid metallised/lacquered polyester film are classified by the Development Commissioner (Handicrafts) as handicrafts, and consequently are to be treated as handicrafts for the purposes of the exemption notification despite withdrawal of exemption for metallised polyester yarn.
Duty Exemption/EPCG Scheme - Guidelines for Bank Guarantee
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Bank guarantee requirements secure duty exemption and EPCG obligations with category-based quantum and discretionary enhancement.
Surety under the Duty Exemption and EPCG Schemes must ordinarily be a Bank Guarantee covering the difference between duties leviable on merits and duties actually paid; prescribed category-based guarantee amounts apply, with Collector discretion to demand higher guarantees for revenue risk, and EPCG bonds and guarantees must remain valid for the full export obligation period plus one year.
Customs Refund Applications regulations - CBEC clarifications
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Telegraphic Release Advices under DEEC scheme now issued on prima facie licence validation; Port of Clearance performs full verification.
TRAs under the DEEC scheme may be issued by Customs Houses at the Port of Registration only after confirming the Advance Licence is valid and prima facie covers the imported goods; all detailed examinations, assessment under the relevant Exemption Notification and admissibility checks must be performed by the Port of Clearance at the time of physical clearance. Licences under the DEEC Book continue to be debited and logged at the Port of Registration, while the Port of Clearance will debit the TRA after clearance for duty concession.
Filing of declaration under Notification No.13/92-C.E.(N.T.) as amended
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Filing of declaration requirement: exempt small-scale units must submit prescribed declaration and obtain dated acknowledgement from jurisdictional officer.
Units exempted from registration under Notification No.13/92-C.E.(N.T.) must file the required declaration in the prescribed format with the jurisdictional Assistant Collector and obtain a dated acknowledgement; this replaces reliance on a plain registered-post letter, prompted by instances where registered letters contained blank papers.
Accountal of raw materials used in the manufacture of cigarettes - Instructions regarding
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Raw material accountal for cigarette manufacture: designate specified inputs as principal and require detailed accounts and quarterly returns.
Collectors must treat cigarette tissue paper, filter rods, PCT, CFCS, shells and slides as principal raw materials in addition to cut tobacco, and require manufacturers to maintain detailed raw material accounts showing opening balances, receipts, usage, disposals, wastage and closing balances. Manufacturers must submit a quarterly consolidated return in the prescribed format to the jurisdictional range superintendent by the seventh day of the month following the quarter, maintain registers of weights and quantities, verify input-output declarations as previously guided, and present unfit or damaged materials for verification before destruction.
TR Rules - Doubts/disputes about baggage to be referred to Addl. Collector
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Import of personal and household effects under T.R. facility with doubts must be referred to senior customs officials for examination.
When doubts arise about the bona fide nature of unaccompanied passenger baggage imported under the T.R. facility, the case must be referred to the Addl./Dy. Collector of Customs for examination and an appropriate decision to prevent harassment while guarding against misuse.
Monitoring of EOUs and Debonded / Converted Units working in same premises
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Monitoring of co located EOU and DTA units to prevent diversion of duty free imports and misuse of shared facilities.
Monitoring of co located EOU and debonded/partially converted DTA units is required to prevent diversion of duty free imports and transfer of production between units. Authorities must ensure physical segregation where possible, conduct regular preventive checks to detect misuse of EOU facilities by DTA units, and maintain separate, accurate records reflecting goods manufactured by each unit. Monitoring should address shared utilities and equipment to safeguard revenue.
EOU/EPZ Units export to Nepal - No export in bond permitted if payment is in Indian Rupees
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Payment in Indian currency bars duty-free export under bond; excise and customs duties must be collected on Nepal shipments.
Exports from 100% EOU/EPZ units to Nepal paid in Indian currency cannot be exported under bond duty-free; payment into a rupee account triggers applicable excise duty liability under Rules 13 and 14, and non-excisable goods must bear customs duty as if imported. Exports may follow the Nepal invoice procedure with collection of relevant duties where payment is in Indian currency.
Exemption from excise duty on goods manufactured from duty paid goods - Regarding
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Exemption from excise duty remains available for goods made from inputs even when those inputs were themselves exempt.
Exemption on finished goods conditioned on manufacture from duty-paid inputs applies even where the inputs had availed full exemption; Board instructions and Ministry of Law advice confirm that the exemption on specified finished products should not be denied solely because inputs were exempt from excise.
Electronic Goods - Inputs Import Clearance - Notif. No. 203/92-Cus
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Customs exemption for electronic inputs clarified: licence issue date irrelevant; apply licence description and single serial number at import.
Exemption under Notification No. 203/92-Cus for inputs for manufacture of electronic goods depends on the description of goods in the licence and DEEC book and on whether, at importation, the goods are covered by a single serial number for the concession; the licence issue date is not material. Broad bonding for the electronic sector is permitted and pending consignments may be cleared accordingly.
Filing of declaration consequent on abolition of Classification List - In - struction regarding
Show AI Summary
Declaration under Rule 173B requires manufacturers to file detailed product, classification and process disclosures, subject to verification and assessment.
Filing of a statutory declaration under Rule 173B requires assessees to submit a prescribed proforma to the Range Superintendent listing all goods produced or warehoused with full descriptions, tariff headings, specifications and annexed raw materials and manufacturing processes; declarations must be certified, filed initially and annually or when classifications change, and are subject to verification, inspection (with a specific verification certificate for Non-SSI units), scrutiny by the Assistant/Divisional Assistant Collector, possible provisional assessment, and finalisation of assessment by the Range Superintendent in RT-12 following Collectorate instructions.
Central Excise - Classification of Copper Phthalo Cyanine Crude (CPC Blue) falling under Chapter Heading No. 3204.19 - Clarification regarding
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Classification of Copper Phthalo Cyanine pigment: minimum purity threshold reaffirmed for standardised ready-to-use status, subject to sample testing.
CPC Blue qualifies as a standardised ready-to-use pigment for classification under Chapter Heading No. 3204.19 if it has a purity not less than 95% on a dry basis and the majority passes through a 100-125 mm sieve; earlier guidance is amended accordingly and pending assessments are to be finalised subject to sample testing.
Notification 64/93-C.E., dated 28-2-1993 as amended by Notification 11/94-C.E., dated 1st March, 1994 - Regarding
Show AI Summary
Refund timing for duty exemption: cheque must be issued before sanction; claim must be filed within six months of payment.
Manufacturers entitled to a further duty exemption when a saloon car is registered as a taxi must refund the exemption amount to the purchaser and file a statutory refund claim. The Board interprets refund as receipt of the cheque by the purchaser, but the refund claim period runs from the date of duty payment; therefore the cheque must have been issued before the claim can be sanctioned, while the claim itself must be filed within the statutory filing period from duty payment.
Weight calculation for duty liability
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Weight basis for customs duty: use transactional weight if sale by weight, otherwise packing weight unless actual net weight proved.
Where a commodity is sold on a weight basis, the transactional weight determines duty liability; where not sold by weight, the normal weight in the invoice or packing specification is the basis for levy; however, if the importer produces adequate proof of the actual net weight, the actual weight shall be used for assessing customs duty.
Broad banding Inputs for Export Products
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Broad-banding of inputs limited to select sectors; garments subject to special-scheme actual-user restriction.
Broad-banding by Customs applies to Electronics and Writing Instruments under the specified Customs exemption notifications; there is no Customs broad-banding for Pharmaceuticals under the DEEC Scheme. Garments have a limited broad-banding facility confined to the Special Scheme under the EXIM Policy and Customs Notification, and that facility is subject to an actual user condition requiring inputs to be used in manufacture for export.
Central Excise - Classification of plastic grills used in air-conditioners - Regarding
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Classification of plastic grills as parts of air conditioners affirmed; treated under machinery parts tariff rather than plastic articles.
Plastic grills for air-conditioners perform the functional role of deflecting airflow and are identifiable components of the appliance; they are therefore more appropriately classifiable as parts of air-conditioners under Chapter 84.15 of the Central Excise Tariff, 1985, rather than as generic articles of plastic.

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Recovery of Govt. dues - guidelines issued

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Delegation of recovery powers: customs may attach and sell property when other recovery routes fail, with procedural safeguards.
Amendments empower customs officers to attach and sell movable and immovable property to recover government dues under rules notified by the Central ... Summary

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Acts Income Tax