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    Circulars
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    40/86 - 08-10-1986 Central Excise
    Delegation of power of Collector to Range Superintendent under Rule 57F(1)(ii)
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    Delegation of Collector powers under Rule 57F(1)(ii) to Range Superintendents requires immediate exercise and prompt disposal of trade requests.
    Delegation of Collector authority under Rule 57F(1)(ii) transfers specified Collector powers to Range Superintendents with immediate effect; a notification is to be issued and Range Superintendents must promptly attend to and dispose of trade requests for permission under the rule without undue delay.
    Central Excise - Provision for deemed credit in respect of iron and steel, copper, aluminium, zinc and lead - Regarding
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    Deemed credit for inputs: scraps clearly recognisable as non-duty-paid are not eligible, limiting claims on bazaar scrap.
    Availability of deemed credit for specified metals depends on whether materials are clearly recognisable as non-duty-paid or charged to a nil rate; scraps and wastes identifiable as non-duty-paid were not eligible, and an amendment removing a provision referencing iron and steel scraps was issued to address improper claims such as those relating to bazaar scrap.
    Paper -White printing paper - Exemption under Notification No. 280/82-C.E.
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    Exemption for concessional white printing paper should not be denied solely due to late acceptance of orders.
    Where all conditions specified in Notification No. 280/82-C.E. are satisfied, the benefit of the exemption for concessional white printing paper should not be denied solely because mills accepted orders after the last date mentioned in the controlling order; central excise authorities were advised not to raise objections in such cases.
    Destruction of excisable goods
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    Destruction of excisable goods: permission to destroy must be granted promptly when no tests are required.
    Central Excise authorities are directed to expedite disposal of applications for permission to destroy excisable goods; the Board found the prior two month disposal period unduly long and causing hardship to trade, and mandates prompt grant of permission where no tests are required.
    Furnishing of Bank Guarantee as security - Regarding
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    Bank guarantee classified as security clarifies treatment for excise bonds and ensures consistency with legal advice; prior guidance withdrawn.
    Following consultation with the Ministry of Law, the Board accepts that a bank guarantee constitutes a form of security for Central Excise bonds and treats the earlier instruction characterizing bank guarantees as a form of surety as withdrawn.
    Benzene, toluene and xylene - Classification of
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    Classification of aromatic hydrocarbons: purity-based HS criteria determine excise tariff headings for benzene, toluene and xylene.
    Classification of benzene, toluene and xylene for central excise is to be determined by purity-based criteria from the Harmonized System explanatory notes: benzene and toluene meeting specified distillation purity characteristics are classifiable under the Chapter 29 hydrocarbon headings, with lower-purity material in Chapter 27; xylene classification depends on achieving the required proportion of xylene isomers. The Board directs adoption of these HS criteria because the excise headings correspond to the Customs Tariff headings for these hydrocarbons.
    Modvat - Allowing credit of duty paid on inputs purchased from Small Scale Sector - Regarding
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    Modvat credit calculation clarified: input-duty credit equals actual duty quantum payable under pre-notification rate for purchases from small scale sector.
    The quantum of Modvat credit for inputs purchased from the small scale sector must be the actual duty payable at the rate that would apply but for the small scale sector notification; existing procedural calculations in the Ministry's earlier letter remain authoritative and should be applied to yield that actual duty quantum consistent with the wholesale price inclusive of duty.
    Clarifications regarding simultaneous availing of Modvat and Small Scale exemption - Regarding
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    Modvat exclusion: manufacturers using Modvat cannot claim full small scale exemption for other products under the small scale scheme.
    A manufacturer who avails Modvat for any product is precluded from claiming full exemption under the small scale exemption scheme for any other product, and the fact that those other products are not covered under Modvat is immaterial to this disqualification.
    Payment of excise duty on waste generated out of inputs under Modvat - Clarification regarding
    Show AI Summary
    Modvat credit scope: containers used to package inputs are not inputs, so no excise duty on empty containers.
    Containers and packing materials are not treated as inputs for Modvat; Modvat credit applies to duty on inputs only, not to containers even if the input value includes container costs or duty is ad valorem, and therefore empty containers cleared from the factory are not liable to excise duty under Modvat.
    Motor vehicle chassis - Admissibility to Notification Nos. 241/86-C.E. and 279/86-C.E.
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    Concessional excise for vehicle body-building limited to independent body builders; chassis manufacturers excluded, duty-credit barred.
    Concessional excise rates for motor vehicle body-building apply only to independent body builders using duty-paid chassis; chassis manufacturers are not eligible. A chassis is treated as duty-paid if it has full registration or provisional RTO registration. Independent body builders claiming the concession must ensure no credit is taken for duty paid on the chassis under the Central Excise Rules, and the body builder need not re-charge excise duty on such chassis when applying the concessional rates.
    Dividers, partitions, plates made out of corrugated paper/ paper board - Classification [Chapter 48]
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    Classification of corrugated box fitments: internal dividers and partitions must be classified with the box, not separately.
    Internal corrugated paper/paperboard dividers, partitions and similar fitments used inside corrugated boxes to protect and hold packed products cannot be separately classified under sub heading 4818.90; they are classifiable under the same heading as the corrugated box itself.
    Central Excise - Coated Fabrics - Classification of 'FUSIBLE INTER-LINING CLOTH' whether classifiable as coated fabrics u/o 59.03 of C.E.T. - Clarification regarding
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    Coated fabrics classification hinges on a continuous adherent polymer film creating an impervious surface for tariff treatment.
    Classification of fusible interlining cloth depends on whether the plastic forms a continuous, firmly adherent film on the fabric surface producing an impervious surface; fabrics whose impregnation or coating cannot be seen with the naked eye are excluded from Heading 59.03. Visual inspection and, if necessary, chemical examination should determine whether the coating is continuous, adherent and renders the fabric impervious, with wholly coated fabrics on both sides falling outside Heading 59.03 into the plastics chapter and partially coated or designed fabrics likewise excluded.
    Central Excise Provision for deemed credit in respect of iron & steel copper, aluminium, zinc and lead Order F. No. B.22/5/86-TRU, dated 7-4-1986 Modification regarding
    Show AI Summary
    Modvat credit restriction clarified: nil rated exempt scrap does not qualify for input credit under the deemed credit order.
    The amendment clarifies that waste and scrap of iron and steel (Heading 72.03) and ship breaking scrap (Heading 72.15), which have been exempted to nil excise duty, do not qualify for Modvat input credit; it affirms that no Modvat credit shall be available in respect of such nil rated exempt scrap and directs revenue and manufacturers to apply the deemed credit order accordingly.
    Rubber products - Profile shapes of non-cellular rubber - Classification of
    Show AI Summary
    Profile shapes classification clarified by HSN explanatory notes on repetitive cross-section and permissible cutting length.
    Classification turns on the HSN Explanatory Notes: profile shapes are produced in length in a single operation (generally extrusion) and have a constant repetitive cross-section from end to end; they are classifiable in that heading whether or not cut to length, but not if cut to a length less than the greatest cross-sectional measurement. Classification of the rubber products should be decided by applying these Explanatory Notes to the HSN.
    Demand - Retrospective effect to amendment of Rule 9A(5)
    Show AI Summary
    Retrospective application of amendment to rule 9A(5) confirms duty is based on rate at show-cause notice issuance.
    The amendment to rule 9A(5) is to be applied retrospectively; the relevant date for computing recoverable duty is the date of issuance of the show cause notice or demand, and duty must be calculated at the rate prevailing on that date rather than at any subsequently reduced or nil rate.
    Papad classifiable under Heading 19.05 of the CET
    Show AI Summary
    Tariff classification under Heading 19.05 confirmed for papad, aligning its excise treatment with HSN notes guidance.
    Papad is confirmed classifiable under Heading 19.05 of the Central Excise Tariff; the circular instructs that, with reference to HSN notes, papad falls within the preparations covered by that heading and should be assessed and processed for excise accordingly.
    Cassette tapes for sound recording Blank cassette - Classification
    Show AI Summary
    Classification of blank cassette tapes: consolidated tariff treatment prevents further excise duty when made from duty-paid media.
    The revised tariff brings prepared un-recorded media, whether on spools or in cassette form, within a single sub-heading; therefore where a blank cassette is made from duty-paid prepared un-recorded media covered by that single sub-heading, no further excise duty is recoverable at the cassette stage, resulting in a single-stage duty liability.
    Central Excise - Scope of the expression 'manufacturing profit, under Rule 6(b) of the Valuation Rules - Question regarding
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    Manufacturing profit: prior year's margin may be used to determine assessable value under valuation rules when comparables absent.
    Rule 6(b) offers two valuation methods: comparable goods value and cost of production plus the profit the assessee would have normally earned. Method (ii) is a fallback used when comparables are unavailable and involves a hypothetical, approximate profit. The Board, with the Ministry of Law, endorses using the immediately preceding year's profit margin as a reasonable estimate of the manufacturing profit under method (ii) and finds no need to amend the Valuation Rules to change that instruction.
    Skillets - Printed Card board flattened and unassembled boxes classifiable under sub-heading 4818.11
    Show AI Summary
    Classification of printed cardboard flattened boxes as packaging yields nil basic excise duty treatment.
    Printed cardboard flattened and unassembled boxes (skillets) used for packing match sticks are classifiable under sub-heading 4818.11 and attract a nil basic excise duty rate, as clarified by the Ministry of Finance circular.
    Doubts raised by Collector of Central Excise regarding classification of printed paper board sheets of playing cards under Chapter 49
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    Tariff classification of printed playing card paperboard confirmed under printed paper heading, clarifying customs treatment for these goods.
    Printed paper board sheets intended for playing cards are classifiable under the tariff heading for printed paper products rather than under the chapter for playing cards or toys; the Department of Revenue confirms they fall within the relevant subheading for printed paperboard sheets used for playing cards, resolving the Collector of Central Excise's doubt and directing consistent customs classification and excise treatment.

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