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    Scope of Notification Nos.49/2003-CE and 50/2003-CE both dated 10.06.2003
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    Excise exemption entitlement continues despite post-cutoff machinery additions or new products, but exemption duration remains fixed.
    Units that commence commercial production on or before the cut-off remain entitled to excise duty exemption for excisable goods (except negative list items) even if they add or modify plant and machinery, install ancillary equipment, replace parts, increase efficiency without increasing capacity, change dosage forms on the same line, or produce new products using existing machinery after the cut-off or during the ten-year exemption period; the exemption term is fixed at ten years and does not extend due to such modifications or additions.
    Clarification regarding Quantity discounts, bonus quantities, etc. cleared without payment of duty under MRP based assessment - reg.
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    MRP-based assessment excludes quantity discounts and bonus quantities, requiring enforcement of tribunal valuation guidance.
    Clarification that MRP-based assessment excludes allowance for quantity discounts and bonus quantities; tribunal held such discounts apply under general valuation but not under MRP valuation. Officers must follow the tribunal order to protect revenue while a High Court appeal without stay is pending; trade to be informed and receipt acknowledged.
    Application of provisions of section 5A (1A) of the Central Excise Act - Exemption to textile and textile products
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    Section 5A(1A) bar on opting for concessional duty prevents claiming Cenvat credit on textile exemptions.
    The Board, following the Law Ministry's opinion, concluded that the unambiguous provision in section 5A(1A) creates a statutory bar: a manufacturer cannot opt to pay duty under the concessional notification permitting Cenvat credit when an unconditional exemption notification concurrently applies, and field formations were directed to act accordingly.
    Inclusion of After Sale Service and Pre-delivery Inspection Charges in the assessable value
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    Inclusion of after-sale service and pre-delivery inspection charges in assessable value required under Section 4 of Central Excise Act.
    The larger bench has held that pre-delivery inspection charges and after-sale service charges collected by dealers are to be included in the assessable value under Section 4 of the Central Excise Act, 1944; cases held in the call book should be decided consistent with that legal position and prior Board guidance.
    Reduction of Government litigations - providing monetary limits for filing appeals by the Department before CESTAT and High Courts - Regarding
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    Monetary thresholds for departmental appeals limit filing to reduce government litigation and restrict precedent effect in indirect tax matters.
    The Board directs that appeals shall not be filed by the Department in the appellate tribunal or in High Courts when the duty involved falls below prescribed monetary thresholds, with duty being decisive irrespective of associated penalties; exceptions require contesting adverse rulings on constitutional validity, illegal notifications or where audit objections are accepted. Commissioners must record non-appeal decisions as being due to monetary limits and create a database of such orders for monthly reporting and posting.
    Adjudication/appeal proceedings in SCNs related to Audit Paras.
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    Audit objection procedure: issue and preserve show cause notices and coordinate revised ATNs pending audit settlement.
    Admitted audit objections require immediate issuance of show cause notices; contested objections must have protective SCNs retained in the call book pending CAG settlement. SCNs based on admitted objections must be adjudicated promptly, but if found unsustainable the Commissioner must refer the matter to Commissioner (PAC) for consideration of revised recommendations and transmission of revised ATN to the C&AG while the case is held in call book. If an appellate order sets aside a confirmed SCN, a reasoned proposal to Commissioner (PAC) recommending a revised ATN should precede acceptance, with concurrent appeal preparations.
    Regarding measures to streamline the processing of departmental litigation before the Courts and Tribunal
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    Departmental litigation: tighter deadlines, mandatory Chief Commissioner approval, and stricter documentation to prevent procedural delays.
    The Board mandates stricter accountability and institutional mechanisms to prevent delays and procedural defects in SLP and Civil Appeal processing: CA proposals must reach the Board within fifteen days of Tribunal orders and SLP proposals within twenty days of High Court orders; all proposals must be approved by the Jurisdictional Chief Commissioner and accompanied by a Commissioner's certificate confirming inclusion and legibility of all relevant documents. Commissionerates must preserve and forward technical literature and party submissions for Paper Books, provide legal research resources, refrain from sending draft SLPs/CAs, and adopt corrective measures with justification for any delays.
    Clarification regarding Levy of Clean Energy Cess
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    Clean energy cess accounting: deposit under temporary receipt head; producers register as manufacturers; returns due monthly.
    Pending a dedicated minor head, Clean Energy Cess payments on domestic and imported coal are to be deposited under the temporary receipt Sub Head within Major Head 0038 using accounting code 00380086; producers must register in ACES as manufacturers, FORM I and Rule 11 have been revised to align return filing with the systems payment schedule and the prescribed filing deadline applies.
    Levy of Clean Energy Cess - regarding
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    Clean energy cess: accounting code assigned and registration and return procedures aligned with systems and payment timing.
    Pending opening of a specific minor head, clean energy cess deposits are to be accounted under the Sub Head "Receipt Awaiting Transfer to other Minor Head etc" within Major Head 0038 Union Excise Duty using reduced accounting code 00380086; producers must register in ACES as "manufacturer" and FORM I and Rule 11 have been modified so returns are due by the tenth day of the second month following removals to align with payment timing.
    Online Scheduling of factory stuffing inspection by Central Excise Officer - regarding
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    Online scheduling of factory stuffing inspections lets trade request examinations via range e-mail, with commissionerates required to monitor responses.
    Provision for online scheduling of factory stuffing examinations enables trade to send inspection requests to Range-wise official e-mail addresses; Commissionerates must publish these e-mails, intimate assessees of examination timing by e-mail, monitor each request for timely response, and publicise the arrangements by Public Notice or Standing Order while all other conditions remain unchanged.
    Valuation of Goods cleared in DTA by EOU's
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    Valuation of EOU DTA clearances must follow Customs Valuation Rules, applying Rules 3 to 9 sequentially to determine transaction value.
    Valuation of goods cleared from an Export Oriented Unit for sale in the Domestic Tariff Area must be determined under the Customs Valuation framework by sequential application of the Customs Valuation Rules to fix the transaction value when the sale occurs after clearance; earlier guidance on the subject is withdrawn and field formations must follow the Customs Valuation Rules.
    20/2010 - 13-08-2010 Central Excise
    Clean Energy Cess - Interim Accounting Code
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    Clean Energy Cess accounting: interim booking under Union Excise Duty pending creation of a permanent head of account.
    Collections of the Clean Energy Cess must be provisionally accounted under Major Head 0038 - Union Excise Duty in the Sub Head/Minor head for Receipt Awaiting Transfer, using the specified reduced accounting code for interim deposits. Pay & Accounts Officers should maintain separate records of these provisional bookings so the amounts can be transferred to the permanent Head of Account once opened by the Controller General of Accounts.
    Administrative Control over Export Oriented Units by the Central Excise formations - reg.
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    Administrative control over Export Oriented Units shifted to Central Excise formations to unify administration and enable GST transition.
    The circular mandates that administrative control over Export Oriented Units (EOUs), including EHTP and STP, shall be transferred from Customs formations to Central Excise formations-even in port cities-to ensure uniform administration, support ACES automation and facilitate transition to the GST regime; it requires handing over all records and directs circulation to field formations and trade for compliance.
    Requirement to provide electronically maintained Records in non‐proprietary of Public format and readable by IDEA Software under Rule 22(3) of Central Excise Rules, 2002 for CAAP Audit ‐Reg
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    Electronic records accessibility: officers may demand electronically readable records for CAAP audit under Rule 22(3) access provisions.
    Assessees must maintain and, on demand under Rule 22(3), produce electronic records in a non proprietary, publicly readable format compatible with IDEA software for CAAP audits; these include electronic and hard copy documents, authenticated electronic media, audit trails, procedural documentation and source document inter linkages, with preservation and backup for five years and monthly printouts retained by record type.
    Classification of TEA fortified with Vitamins - reg.
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    Classification of tea fortified with vitamins confirmed as preparation of tea for tariff purposes under customs classification.
    Tea fortified with vitamins, comprising tea plus stabilizers and vitamins, constitutes a preparation of tea that is not excluded by any applicable Section or Chapter Note and therefore falls within the chapter dealing with preparations of tea.
    Warehousing permission to Storage Tanks mounted on a vehicle-reg
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    Mobile storage prohibition: field units must withdraw on wheel bonding permissions and direct assessees to rebate routes.
    The Board clarifies that storage of non-duty paid aviation fuel in vehicle-mounted mobile tanks as an "on wheel bonding facility" is not authorised by its circulars; Commissioners may permit co-storage in registered warehouses but not in mobile tanks. Field formations must withdraw any such on-wheel permissions, warn of pilferage and revenue risk, and advise assessees to use the rebate mechanism for supplying duty-free fuel to international flights.
    Tolerance of breakage of bottles due to handling during storage and clearance-reg.
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    Cenvat credit reversal required where bottle inputs are written off; remission allowed only subject to credit reversal.
    The earlier instruction allowing tolerance for bottle breakage is rescinded under the present CENVAT regime. Remission for goods lost or destroyed remains available but is conditional on mandatory reversal of CENVAT credit where inputs or final products are written off or destroyed; reliance on the obsolete tolerance instruction without reversing input credit is incorrect and revenue safeguards must be applied.
    Availability of cenvat credit on inputs used in the manufacture of capital goods-reg.
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    Cenvat credit on inputs limited to excisable capital goods and manufacturing inputs; construction and repair exclusions apply.
    Cenvat credit is available only for items that are excisable and fall within the statutory definition of capital goods or inputs and are used in the manufacturer's factory. Materials like cement, angles, channels, and TMT bars used for foundations, building construction or supporting structures, and items used for repair and maintenance of capital goods, are excluded from admissible credit. Inputs must be used in or integrally connected with the process of actual manufacture; clarificatory amendment to the definition is treated as retrospective.
    Classification of Polyester Staple Fibre manufactured out of PET scrap and waste bottles
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    Classification of polyester staple fibre as textile material affirmed, requiring treatment under textile headings rather than as plastic articles.
    Polyester staple fibre produced from PET scrap and waste bottles is a man-made textile fibre; the production process from bottle flakes to staple does not change the nature of the finished product. Chapter notes defining man-made fibres govern classification, and the product's commercial uses in apparel, home furnishings and industrial textiles support treating it as a textile material rather than an article of plastic. Divergent practices are addressed and uniform classification under the appropriate textile heading is directed, with pending cases to be disposed accordingly.
    Amendment to Notification no. 42/2001-CE (NT) dated 26.06.2001-reg.
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    Export under bond restriction: amendment bars bond exports of exempted or nil rated goods while excluding wholly export oriented units.
    The board observed exporters were using bonds to export goods exempted from excise duty and then claiming input tax refunds, thereby avoiding the detailed verification procedure mandated for exempted goods; consequently, conditions for export under bond were amended to disallow bond exports for goods exempted or chargeable at nil rate, with an exception for exports from wholly export-oriented units.

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      Central Excise

      Levy of Clean Energy Cess - regarding

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      Clean energy cess: accounting code assigned and registration and return procedures aligned with systems and payment timing.
      Pending opening of a specific minor head, clean energy cess deposits are to be accounted under the Sub Head "Receipt Awaiting Transfer to other Minor Head ... Summary

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