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    8/88 - 10-03-1988 Central Excise
    Classification of Reel Core - Regarding
    Central Excise - Assessable value - Determination of - When additional consideration is received by the manufacturer - CEGAT decision no. 440/87-B.1 -...
    7/88 - 07-03-1988 Central Excise
    Classification on Solenoid Assembly under T.I. 68 of old Central Excise Tariff during the period prior to 28-2-1986 - Doubts regarding
    Solenoid assembly - Classification of
    C.E. - Sending out packing material to job workers for conversion under Rules 57F(2) - Admissibility of Modvat thereon - Clarification regarding
    14/88 - 02-03-1988 Central Excise
    Rule 56-B - Instructions regarding
    6/88 - 01-03-1988 Central Excise
    Duty on tin cuttings generated during manufacture of metal containers - Clarification regarding
    5/88 - 29-02-1988 Central Excise
    Central Excise - Classification of Chir/Plywood Scantilings timber plywood of assembly used in errection and commission of towers, glass fibres reinfo...
    8/88 - 25-02-1988 Central Excise
    Central Excise - Classification of ghee whether under heading 04.04 or sub-heading 0402.10 of Central Excise Tariff 1985 - Regarding
    7/88 - 24-02-1988 Central Excise
    Central Excise - Classification of Shrikhand and Peda - Regarding
    13/88 - 24-02-1988 Central Excise
    Refund under Section 11C - Instructions regarding
    Central Excise - Identification of commodities generally sold through depots for fixing specific rates of duties thereon - Regarding
    Endorsement of certificates issued by M.M.T.C./S.T.C. to buyers etc. for purposes of duty paying documents - Instructions regarding
    6/88 - 18-02-1988 Central Excise
    Classification of Potato Wafers - Instructions regarding
    Classification of grey bolting cloth - Instructions regarding
    4/88 - 16-02-1988 Central Excise
    Central Excise - Classification of Gulab Jamun whether under Chapter 4, 19 or 21 of Central Excise Tariff - Regarding
    Bare copper wires of thickness 2 mm or more which arise in the course of conversion of copper wire rods into winding wires within the same factory of ...
    Central Excise - Valuation - Inclusion of Inspection charges in assessable value - Instructions regarding
    Availability of Modvat Credit in respect of various items used in the Cement Industry - Representation from Cement Manufacturers Association
    88-CX.3 - 15-02-1988 Central Excise
    Modvat Credit - Clarification regarding
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8/88 - 10-03-1988 Central Excise
Classification of Reel Core - Regarding
Show AI Summary
Classification of reel core as support material under excise tariff, analogous to paper tubes and cones.
Reel cores, strengthened paper tubes forming the central support for paper rolls, perform the same support function as paper tubes and cones. On analogy with Board instructions classifying paper tubes and cones under sub-heading 4818.19 of the Central Excise Tariff, reel cores are likewise classifiable under that tariff sub-heading as support materials for goods wound or wrapped.
9/88-CX.1 - 08-03-1988 Central Excise
Central Excise - Assessable value - Determination of - When additional consideration is received by the manufacturer - CEGAT decision no. 440/87-B.1 - Regarding
Show AI Summary
Additional consideration in assessable value: duty payable on declared value plus any extra payments, per tribunal and board.
When a manufacturer receives additional payments not included in the declared price, those sums are additions to the transaction value and must be included in the assessable value for central excise. The tribunal's ratio that duty is payable on the declared assessable value plus such additional money has been accepted by the Board, which directs field formations to issue show cause notices where necessary.
7/88 - 07-03-1988 Central Excise
Classification on Solenoid Assembly under T.I. 68 of old Central Excise Tariff during the period prior to 28-2-1986 - Doubts regarding
Show AI Summary
Classification of Solenoid Assembly as switch under T.I. 68 reaffirmed; pending assessments to be finalised accordingly.
Solenoid Assembly is to be treated as a switching device and classified under T.I. 68 of the old Central Excise Tariff for the period prior to 28-2-1986, in accordance with Board Tariff Advice No. 52/79, because the 1979 restructuring of T.I. 34 (restructured T.I. 34A) did not specify Solenoid Assembly as a motor vehicle part; pending assessments should be finalised on this basis and trade advised.
Solenoid assembly - Classification of
Show AI Summary
Tariff classification of solenoid assembly: treated as goods not elsewhere specified rather than motor vehicle parts.
The Department addressed whether a solenoid assembly fell under Tariff Item 34A as a motor-vehicle part or under Tariff Item 68; it directed that, for the period prior to 28-2-1986, the solenoid assembly is classifiable under erstwhile Tariff Item 68 as goods not elsewhere specified.
C.E. - Sending out packing material to job workers for conversion under Rules 57F(2) - Admissibility of Modvat thereon - Clarification regarding
Show AI Summary
Modvat credit limited to ready-to-use packing material; credit not available on raw materials used to make packaging.
The Board clarified that Modvat credit on packaging is permissible only when the packing material is brought into the manufacturer's premises in a ready to use condition; Modvat credit is not admissible on raw materials brought in and sent to job workers for conversion into packing material. Manufacturers availing such credit on raw materials must stop the practice and recovery action should be taken for wrong availment; field formations are to be informed.
14/88 - 02-03-1988 Central Excise
Rule 56-B - Instructions regarding
Show AI Summary
Rule 56B permissions for outside processing require review, withdrawal if erroneous, and exclusive collector authority.
Retention of Rule 56B is confirmed, permitting removal of semi-finished goods for specified outside processing provided the sub-heading remains unchanged. Collectors must review all permissions, withdraw those erroneously granted, fix responsibility of officers, and exercise exclusive authority to grant Rule 56B permissions; prior delegation entries are to be deleted. An illustrative list of allegedly erroneous permissions is appended to guide enforcement.
6/88 - 01-03-1988 Central Excise
Duty on tin cuttings generated during manufacture of metal containers - Clarification regarding
Show AI Summary
Classification of tin plate cuttings: treated as waste and scrap when only fit for metal recovery, altering prior guidance.
Cuttings and trimmings of tin plates/sheets that are fit only for the recovery of metal or for use in the manufacture of chemicals (and not slag, ash or residues) are to be classifiable as waste and scrap of iron or steel under the Chapter 72 tariff provisions; prior Board instructions are modified to the extent that non-reusable trimmings should be treated as waste and scrap rather than as cuttings of tin plates.
5/88 - 29-02-1988 Central Excise
Central Excise - Classification of Chir/Plywood Scantilings timber plywood of assembly used in errection and commission of towers, glass fibres reinforced plastic goods and cooling towers - Regarding
Show AI Summary
Classification of cooling towers as non refrigerating machinery means duty at a specified ad valorem rate under tariff.
Chir/plywood scantlings and timber/plywood assemblies for erection of cooling towers are classifiable as sawn or chipped wood under Heading 44.03; glass fibre reinforced plastic grids used in towers are classifiable as builders' ware of plastics under Heading 39.25; cooling towers, which cool process water by contact with atmospheric air rather than by refrigeration or air conditioning processes, fall under Heading 84.19 as products other than refrigerating or air conditioning machinery and attract the applicable ad valorem duty.
8/88 - 25-02-1988 Central Excise
Central Excise - Classification of ghee whether under heading 04.04 or sub-heading 0402.10 of Central Excise Tariff 1985 - Regarding
Show AI Summary
Classification of ghee as other dairy produce under central excise tariff, not as butter, changing its excise classification.
Ghee is classifiable as other dairy produce under heading 04.04 of the Central Excise Tariff rather than under the butter heading. The Ministry relied on the distinct wording of the Central Excise Tariff compared with the HSN, the absence of any Tariff note equating ghee with butter, and the established trade distinction between ghee and butter to conclude that ghee falls within the residuary "other dairy produce" entry.
7/88 - 24-02-1988 Central Excise
Central Excise - Classification of Shrikhand and Peda - Regarding
Show AI Summary
Product classification: Shrikhand and peda treated as other dairy products under tariff, not as cereal preparations.
Shrikhand and peda are classifiable as other dairy products because they are made wholly from milk constituents (muska or khoa) with only sugar and flavouring added; absence of flour excludes them from cereal preparations. Note 4 to Chapter 4 treating products consisting of natural milk constituents (with or without added sugar or flavouring) supports their classification under the tariff heading for other dairy products rather than headings limited to milk, cream, butter or cheese.
13/88 - 24-02-1988 Central Excise
Refund under Section 11C - Instructions regarding
Show AI Summary
Refund under Section 11C: refunds not admissible where duty has been paid, per government instruction.
Whether assessees who paid duty are entitled to refund where a notification under Section 11C directed non-collection of duty is the central issue. The Law Ministry advised that once duty has been paid refund is not admissible, and the Board accepted that legal advice. Pending cases asserting refund in comparable circumstances are to be disposed of accordingly.
Central Excise - Identification of commodities generally sold through depots for fixing specific rates of duties thereon - Regarding
Show AI Summary
Sales through depots targeted for identification to enable commodity wise specific duty rates and prevent undue tax benefit.
Identification of commodities sold through depots is required to inform formulation of specific rates of duty and to prevent undue benefit from depot sales. Field formations must compile commodity level data in a prescribed table covering tariff headings, proportions of factory gate and depot sales, assessable values, wholesale depot prices, current duty rates, manufacturer details and suggested specific rates, and furnish comments and suggestions to support assessment, classification and possible legislative amendment.
Endorsement of certificates issued by M.M.T.C./S.T.C. to buyers etc. for purposes of duty paying documents - Instructions regarding
Show AI Summary
Modvat credit restriction: endorsed certificates cannot be used to claim Modvat; past claims must be verified and corrected.
Modvat credit is not permissible on endorsed certificates; the original certificate issued by canalising/public sector agencies is a duty paying document and endorsements do not confer entitlement to Modvat. The practice of endorsing certificates for the purpose of claiming Modvat must be stopped, and past credits taken on endorsed certificates should be verified for authenticity with demands raised where discrepancies are found.
6/88 - 18-02-1988 Central Excise
Classification of Potato Wafers - Instructions regarding
Show AI Summary
Classification of potato wafers as vegetable preparations confirms placement under heading 20.01, excluding Chapter 11 and residuary headings.
Potato wafers-potato slices fried in edible oil, salted and packed-are vegetable preparations classifiable under heading 20.01 pursuant to note 1 of Chapter 20; they are excluded from the residuary heading 21.07 and from Chapter 11 by note 1(d) to Chapter 11, and a trade notice should be issued.
Classification of grey bolting cloth - Instructions regarding
Show AI Summary
Tariff classification of bolting cloth affirmed: grey bolting cloth falls within bolting cloth tariff heading, excluding alternate textile heading.
Grey bolting cloth, a plain-weave man-made monofilament fabric with fine, uniform mesh and non-deforming geometry, possesses the essential characteristics of bolting cloth per technical definitions and Chief Chemist examination. Under the Interpretative Rules of the Central Excise Tariff, these characteristics place the fabric within the bolting cloth tariff heading, thereby excluding classification under the alternative woven-fabric heading; a trade notice is recommended accordingly.
4/88 - 16-02-1988 Central Excise
Central Excise - Classification of Gulab Jamun whether under Chapter 4, 19 or 21 of Central Excise Tariff - Regarding
Show AI Summary
Tariff classification of Gulab Jamun as food preparation for central excise; unit packaging determines applicable subheading.
Gulab jamun, made from skimmed milk powder, milk fats, wheat flour and sweetening matter, is a food preparation based on dairy and not a raw dairy product. Accordingly, when put up in unit containers for sale it is classifiable under the subheading for food preparations of milk and cream; when not so packaged it falls under the residuary subheading for other food preparations.
Bare copper wires of thickness 2 mm or more which arise in the course of conversion of copper wire rods into winding wires within the same factory of production exempt under Notification No. 129/87-CE
Show AI Summary
Exemption for intermediate-stage bare copper wires preserved where produced in a continuous same factory winding wire manufacture.
Bare copper wires of thickness 2 mm or more that arise as an intermediate product during the continuous manufacture of winding wire from duty-paid copper wire rods within the same factory remain within the scope of the exemption under Notification No. 129/87-C.E., provided the conversion occurs in a continuous process and production is wholly within the same factory of production.
3/88-CX.1 - 16-02-1988 Central Excise
Central Excise - Valuation - Inclusion of Inspection charges in assessable value - Instructions regarding
Show AI Summary
Inspection charges inclusion in assessable value required for essential quality checks, treated as part of manufacturing cost.
Inspection charges essential to ensure product quality or compliance with standards are specific ingredients of the cost of manufacture and must be included in the assessable value for central excise; inspection fees, whether paid to an external agency or incurred as in house quality control overheads, are not optional extras but form part of manufacturing cost for valuation purposes.
Availability of Modvat Credit in respect of various items used in the Cement Industry - Representation from Cement Manufacturers Association
Show AI Summary
Modvat credit eligibility denied for listed cement-industry inputs because they constitute machinery or unrelated items.
The Board concluded that items listed by cement manufacturers-including explosives, grinding media, refractories, lining plates, cooling chains, spare parts, conveyor belts, HDPE bags, diesel oil and printing ink-either are unrelated to cement manufacture or constitute plant, machinery, tools or appliances and therefore do not qualify as inputs for Modvat credit; field formations are to be informed, a trade notice issued, and receipt of these instructions acknowledged.
88-CX.3 - 15-02-1988 Central Excise
Modvat Credit - Clarification regarding
Show AI Summary
Modvat credit entitlement: electing to pay duty on otherwise exempt inputs allows credit where those inputs are used in manufacture.
If the assessee elects to pay duty on goods that are otherwise fully exempt, the assessee may claim Modvat credit on the duty paid when those inputs are used in the manufacture of final products; administrative and trade instructions are to be issued for implementation.

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