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    Enhancement of powers of adjudication of Additional Collectors - Instructions regarding
    Date for determination of the rate of cess on crude oil consequent upon re-fixation from the rate at Rs. 300/- to 600/- per tonne. Clarification regar...
    Central Excise - Admissibility of Modvat benefit in respect of certain inputs - Regarding
    26/88 - 04-04-1988 Central Excise
    Check list for Central Excise officers on their inspection/visit of factories
    23/88 - 04-04-1988 Central Excise
    Check lists in respect of refund claims, RT-12 returns and classification lists
    Central Excise - Valuation - Suggestion for taking the cost of production of the previous year for computing assessable value - Regarding
    Notification No. 6/88-CE meaning of term 'year' [Chapters 54 & 55]
    5/88 - 28-03-1988 Central Excise
    Central Excise - Chapter 39 - Polyvinyl Alcohol solution - Classification of - Regarding
    12/88 - 28-03-1988 Central Excise
    Central Excise - Classification of fruit pulp drinks like Maaza and other products - Whether under heading 20.01 or under heading 22.02 of Central Exc...
    4/88 - 25-03-1988 Central Excise
    Central Excise - Chapter 30 - Whether benefit of notification No. 185/87-CE dated 17-7-1987 is admissible to products such as Absorbent Cotton Wool I....
    25/88 - 24-03-1988 Central Excise
    Simplification of procedure for export of tea under claim for rebate instructions regarding
    11/88 - 24-03-1988 Central Excise
    Central Excise - Classification and dutiability of floor sweepings of skimmed milk powder - Regarding
    10/88 - 24-03-1988 Central Excise
    Classification of grooved copper contact wire under Chapter - 74 - Clarification regarding
    3/88 - 21-03-1988 Central Excise
    Central Excise - Classification of 'Shell Sand' - Regarding
    2/88 - 21-03-1988 Central Excise
    Central Excise - Classification of sniff gas for Central Excise purpose - Doubt regarding
    Central Excise - Assessable value - Determination of - When additional consideration is received by the manufacturers - Case of M/s. I.T.C. Ltd. - vis...
    1/88 - 21-03-1988 Central Excise
    Central Excise - Chapter 24 - Question of classification of Tobacco Powder - Regarding
    9/88 - 18-03-1988 Central Excise
    Classification of Chiller trays, freezer doors, evaporator door, outer/inner butter box, base plates for handle, ice tray grill & grill of plastic man...
    22/88 - 15-03-1988 Central Excise
    Visits to Small scale units - Instructions regarding
    21/88 - 11-03-1988 Central Excise
    Return of defective goods for reprocessing, remanufacture etc.
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27/88-CX.6 - 07-04-1988 Central Excise
Enhancement of powers of adjudication of Additional Collectors - Instructions regarding
Show AI Summary
Adjudicatory powers expanded for Additional Collectors to decide show cause notices with allegations of suppression or fraud.
Additional Collectors are authorised to issue and decide show cause notices involving allegations of suppression of facts, mis-declaration, fraud, collusion etc., in proceedings under section 11A and rule 9(2) where the duty involvement does not exceed Rs. 5 lakhs; cases with duty involvement above that threshold remain for decision by the Collector. Earlier Board instructions on adjudicatory allocation are modified to this extent.
7/88-CX.8 - 06-04-1988 Central Excise
Date for determination of the rate of cess on crude oil consequent upon re-fixation from the rate at Rs. 300/- to 600/- per tonne. Clarification regarding
Show AI Summary
Date for determination of cess on crude oil: removal date governs and revised cess applies from March 1, 1987.
The date for determination of the rate of cess on crude oil is the date on which the crude oil is removed from the place where it is produced, and the taxable quantity is the quantity received in the refinery or factory. Accordingly, the revised cess is applicable with effect from 1-3-1987 on crude oil removed from the place of production.
Central Excise - Admissibility of Modvat benefit in respect of certain inputs - Regarding
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Modvat credit admissibility: thinners used in paint manufacture qualify for credit unless classifiable under the relevant tariff chapter.
Modvat credit for thinners used as diluents in the manufacture of paints is normally available under Rule 57A where the thinner performs a direct role in producing the final product; however, if the thinner is classifiable by composition under the relevant tariff chapter for excluded products, Modvat credit is not available and cases should be decided accordingly.
26/88 - 04-04-1988 Central Excise
Check list for Central Excise officers on their inspection/visit of factories
Show AI Summary
MODVAT eligibility and documentation scrutiny central to factory inspections, alongside production, accounting and clearance controls.
Checklist directs senior Central Excise officers to conduct preparatory study of manufacturing processes and tariff positions, then verify on-site licensing, prescribed registers (including RG 1 and production accounts), and reconcile physical stocks. Officers must analyse revenue trends, inspect production accounting against production/packing reports and capacity, review P.L.A. entries, classification lists, price lists and clearances for related party transactions or value manipulations. Special regime checks cover proforma credit permissions, movements under bond (rule 56B), MODVAT (rule 57A) eligibility and documentation, Chapter X bonds, RT 12 timeliness, sampling procedures, export bonds, audit objections, court cases and arrears recovery.
23/88 - 04-04-1988 Central Excise
Check lists in respect of refund claims, RT-12 returns and classification lists
Show AI Summary
Compliance checklists for excise refund claims and RT 12 returns require specified verifications, reconciliations and officer certification.
Prescribes procedural checklists and supervisory responsibilities for verifying refund claims, RT 12 returns and classification lists, requiring attachment of cyclostyled checklists, specific documentary and ledger reconciliations (jurisdiction, export evidence, time bar, prior refunds, PLA/Modvat credits, GP1/GP2 and book balances), provisional assessment where classification or price approvals are pending, and signature certification by the inspecting officer upon completion of checks.
Central Excise - Valuation - Suggestion for taking the cost of production of the previous year for computing assessable value - Regarding
Show AI Summary
Valuation of captively consumed goods: current year cost of production governs assessable value, not prior year figures.
The valuation principle requires using the current year cost of production to determine assessable value for captively consumed goods under Section 4; costs of raw materials, labour and related inputs for the current year are material and can be ascertained through established accounting principles or with the assistance of a cost accountant, so prior-year cost figures are inappropriate.
Notification No. 6/88-CE meaning of term 'year' [Chapters 54 & 55]
Show AI Summary
Definition of year clarifies exemption timing under notification, adopting calendar year for application of quantitative cap.
The term "Year" in Notification No. 6/88-CE, which exempts fents and rags of man-made fabrics subject to a quantitative restriction of 5% of total clearances of man-made fabrics from a factory, means the British calendar year running from January to December, and the quantitative limit is to be computed within that January-December period.
5/88 - 28-03-1988 Central Excise
Central Excise - Chapter 39 - Polyvinyl Alcohol solution - Classification of - Regarding
Show AI Summary
Classification of polyvinyl alcohol solution confirmed as primary plastic form, affecting excise classification and pending assessments.
Polyvinyl alcohol solution used as an adhesive is classifiable as a primary form of plastic under Chapter 39, sub heading 3905.20 rather than as a 'prepared adhesive' under Chapter 35; the Board, in consultation with the Chief Chemist, directs communication to field formations and trade and requires pending assessments to be decided accordingly.
12/88 - 28-03-1988 Central Excise
Central Excise - Classification of fruit pulp drinks like Maaza and other products - Whether under heading 20.01 or under heading 22.02 of Central Excise Tariff
Show AI Summary
Classification of fruit pulp drinks: fruit pulp beverages are classifiable under heading 20.01 rather than 22.02.
Fruit pulp based drinks containing substantial natural pulp are to be classified as fruit juices or preparations of fruits rather than as beverages merely flavoured with fruit. HSN explanatory notes treat juices with pulp in suspension as fruit juices, and technical advice confirms that flavouring implies minute additive quantities distinct from a product whose main ingredient is fruit pulp; accordingly such products should be allocated to the tariff provision for fruit juices/preparations of fruits, modifying earlier contrary guidance.
4/88 - 25-03-1988 Central Excise
Central Excise - Chapter 30 - Whether benefit of notification No. 185/87-CE dated 17-7-1987 is admissible to products such as Absorbent Cotton Wool I.P., gauge, bandages etc., falling under sub heading No. 3004.00 particularly when the Drug Licence No. & name of the manufacture are indicated on the
Show AI Summary
Brand name definition permits excise exemption for certain medical dressings despite manufacturer name and licence on labels.
The Board treats the notification's definition of Brand name as having the same scope as Chapter 30's brand name note and notes that manufacturer name and drug licence number are statutory labelling requirements for drugs. Consequently, the exemption under notification No. 185/87 CE should not be denied to absorbent cotton wool, gauze, bandages and similar goods under sub heading 3004.00 merely because the manufacturer's name or drug licence number appears on the label; trade should be advised and pending assessments revised accordingly.
25/88 - 24-03-1988 Central Excise
Simplification of procedure for export of tea under claim for rebate instructions regarding
Show AI Summary
Rebate procedure for tea exports clarified; pre-existing claims should follow the prior notification procedure pending budget rule changes.
For exports of tea prior to the Budget notifications, exporters despatching from places other than tea gardens may follow the earlier procedure prescribed under Notification No. 171/81, while the newly issued Budget notifications will govern procedural requirements for future exports; a trade notice should be issued to inform the trade.
11/88 - 24-03-1988 Central Excise
Central Excise - Classification and dutiability of floor sweepings of skimmed milk powder - Regarding
Show AI Summary
Classification of skimmed milk powder sweepings: packaging for sale determines tariff subheading and dutiability, not purity.
Floor or chamber sweepings arising from manufacture are to be treated as skimmed milk powder for tariff purposes; purity or fitness for human consumption is immaterial. If the material is put up in unit containers and intended for sale, it is classifiable under the subheading for skimmed milk powder packaged for sale; if not put up for sale in unit containers, it is classifiable under the residual subheading for skimmed milk powder not packaged for retail sale.
10/88 - 24-03-1988 Central Excise
Classification of grooved copper contact wire under Chapter - 74 - Clarification regarding
Show AI Summary
Classification of grooved copper contact wire affirmed under chapter 74; chapter notes govern tariff heading determination.
Grooved copper contact wire is more appropriately classifiable under the copper wire provision of Chapter 74, applying Chapter Note 1(ii) and Chapter Note 1(iv) to Chapter 74, and should be treated accordingly for tariff and excise purposes.
3/88 - 21-03-1988 Central Excise
Central Excise - Classification of 'Shell Sand' - Regarding
Show AI Summary
Classification of Shell Sand: treat as article of stone like materials, not as mineral substance or prepared binder.
The Department of Revenue endorses classification of Shell Sand (rosin coated sand) under sub heading 6807.00 as other articles of stone, plaster, cement, asbestos, mica or similar materials, because Note 2 to Chapter 25 excludes it from mineral classification and sub heading 3823 covers only prepared binders, not sand grains coated by such binders; trade is to be informed and pending assessments decided accordingly.
2/88 - 21-03-1988 Central Excise
Central Excise - Classification of sniff gas for Central Excise purpose - Doubt regarding
Show AI Summary
Waste gas not goods: sniff gas treated as non excisable under central excise; pending assessments to be finalised accordingly.
The Board reaffirmed that sniff gas, a waste effluent from liquid chlorine manufacture and found by the Dy. Chief Chemist to be incapable of sale, is not "goods" and therefore not excisable; pending assessments are to be finalised on that basis and trade advised.
10/88-CX.1 - 21-03-1988 Central Excise
Central Excise - Assessable value - Determination of - When additional consideration is received by the manufacturers - Case of M/s. I.T.C. Ltd. - vis-a-vis - D.G.I.'s order, dated 10-4-1986 - Regarding
Show AI Summary
Assessable value principle: additional monetary consideration must be added to declared assessable value, prompting adjusted demands.
Where price is not the sole consideration for sale of excisable goods, the money value of additional consideration received from buyers must be added to the assessable value already declared or approved; this follows the Law Ministry's advice and is to be followed pending the Attorney General's opinion, with show cause notices and demands to be issued accordingly.
1/88 - 21-03-1988 Central Excise
Central Excise - Chapter 24 - Question of classification of Tobacco Powder - Regarding
Show AI Summary
Tobacco powder classification: powdered tobacco treated as a manufactured tobacco product for tariff and assessment purposes.
The administrative determination treats intentional powdering of tobacco leaves as a process of manufacture; therefore tobacco powder produced by crushing unmanufactured leaves is classifiable as a manufactured tobacco product under the Central Excise Tariff, and pending assessments should be decided accordingly.
9/88 - 18-03-1988 Central Excise
Classification of Chiller trays, freezer doors, evaporator door, outer/inner butter box, base plates for handle, ice tray grill & grill of plastic manufactured from plastic and used in Refrigerators & Airconditioners
Show AI Summary
Classification of refrigerator components: specified plastic components treated as parts; freestanding butter boxes classified as plastic articles.
Applying HSN explanatory principles, plastic fittings that are fabricated as integral components of a domestic refrigerator cabinet or its refrigerating unit (such as chiller trays, freezer and evaporator doors, base plates for handles, ice tray grills and similar grills) are to be classified as parts of the refrigerator; butter boxes that are usable independently and not solely designed for refrigerators are to be classified as articles of plastic. Earlier departmental guidance on the matter is revised.
22/88 - 15-03-1988 Central Excise
Visits to Small scale units - Instructions regarding
Show AI Summary
Visits to small scale units: existing Board instructions remain in force; implementation issues to be reported for review.
The Board has examined the prior instructions on visits to small scale factories and decided that, since they have not obstructed effective administration of Central Excise law, those instructions shall continue to be followed by the field formations. Specific cases presenting implementation difficulties may be brought to the Board's notice for review after one year.
21/88 - 11-03-1988 Central Excise
Return of defective goods for reprocessing, remanufacture etc.
Show AI Summary
Refund of duty for returned goods retained to allow reprocessing and avoid waste, rule deletion rejected.
The Board declined to delete Rule 173L, which provides for refund of excise duty where duty-paid goods are returned to the factory for reprocessing, remanufacture or repair. The Board found the rule prevents destruction or abandonment of defective or damaged goods and serves a trade-facilitating, resource-conserving purpose, and therefore retained the refund mechanism under the existing framework.

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