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Circulars
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15/87 - 11-11-1987 Central Excise
C.Ex. Duty liability on cloth covers for latex foam articles - Modification regarding
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Assessable value inclusion: cloth covers for mattresses must be included when goods are cleared with covers for excise assessment.
For Central Excise purposes, mattresses, pillows and cushions cleared without covers are assessed on the foam alone; where these goods are cleared with covers, whether assembled or unassembled, the cost of the cloth covers must be included in the assessable value, thereby modifying the earlier Board guidance that covers should be excluded.
Export of Indian goods by sale to international passengers through customs duty free shops at the Airports
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Customs duty-free export compliance required - collectors must enforce prescribed airport procedures and penalise officials for non-observance.
The circular mandates that prescribed procedural requirements for export sales through airport Customs duty free shops must be strictly observed, and directs Collectors to take cognisance of any default and initiate disciplinary or punitive action against officials who fail to comply with the required Customs duty free export protocols.
Notification No. 246/87-Central Excise - Issue of deemed credit order superseding earlier order No. B.22/5/87-TRU, dated the 7th April, 1987
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Deemed credit restriction limits eligibility to primary metal and specified non ferrous waste, altering input credit entitlement.
The notification narrows the scope of deemed credit to primary metal and to waste and scrap of non ferrous metals, permitting the exemption for such waste and scrap only where input credit on the originating material was not taken or has been debited back; deemed credit for primary metal applies to stock held on or after 1 3 1986 and for non ferrous waste and scrap to stock held on or after 2 11 1987.
Central Excise - Delay in grant of permission under Rule 57F(2) regarding
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Permission under Rule 57F(2) must be granted promptly to prevent operational disruption and trade hardship.
Applications for permission to remove inputs outside the factory for testing, repairs, refining or partial processing and their return for further manufacture must be disposed of within seven days; delays cause trade hardship and production disruption, defaults should be viewed seriously by Collectors, and field formations and trade interests must be appropriately informed.
Graphite powder/flakes - Classification of
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Classification of graphite flakes: processed powders treated as mineral substance not elsewhere specified, excluding them from natural mineral exemption.
Processed graphite flakes and powders recovered after grinding, ball-mill washing, jet-mill flotation/decantation, repeated milling and screening are considered outside the exemption for natural black minerals and are classified as mineral substances not elsewhere specified for tariff purposes.
Central Excise - Chapters 72 and 73 - Deemed Credit in respect of Rerollable material
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Deemed excise credit for rerollable steel materials allowed without duty documents when used unmelted in manufacture.
The Government directed that ingots and rerollable iron or steel materials purchased on or after the specified date may be deemed to have paid duty at a uniform deemed rate, and that credit of duty may be allowed where such materials are used without undergoing melting in the manufacture of goods under Chapters 72 and 73, permitting Modvat credit without production of duty-paid documents.
Modvat credit of counter-vailing duty on black and white picture tubes imported by Public Sector undertaking
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Modvat credit for countervailing duty on imported black and white picture tubes permitted when supported by a PSU certificate.
Modvat credit of countervailing duty is permitted on imported black and white picture tubes routed through M/s. Electronics Trade and Technology Development Corporation Ltd., where the undertaking furnishes a certificate evidencing payment of the countervailing duty; the same evidential facility previously applied to colour picture tubes is to be extended to black and white picture tubes.
Power Driven Pumps. [Chapter 84]
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Exemption scope for pump parts clarified as outside retrospective exemption, limited to parts for water-handling pumps addressing Modvat.
S. No. 16 of Notification No. 64/86-CE limits exemption to parts classifiable under heading 84.13 used in manufacture of power driven pumps primarily for handling water; identical parts used for other pumps are dutiable. The provision was inserted to resolve Modvat difficulties and is not a restoration of prior duty rates; therefore S. No. 16 is not covered by the Central Duties of Excise (Retrospective Exemption) Act, 1986.
14/87 - 22-09-1987 Central Excise
Central Excise - Classification of Round Mesh Mosquito Netting Cotton Fabrics - Doubts - Regarding
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Net fabric classification: construction determines whether mosquito netting cotton fabrics fall under net rather than woven or knitted headings.
Classification of round mesh mosquito netting cotton fabrics turns on their method of manufacture and actual construction; fabrics produced on roller locking machines and not knitted are net fabrics rather than loom-woven fabrics. When goods are specifically described as net fabrics, they are excluded from the woven-fabrics grouping, and each case must be decided on its merits by ascertaining the fabric's construction.
Central Excise - Classification of PVC and Polyethylene Colour Master Batches. [Chapters 32 and 39]
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Classification of colour master batches: percentage alone should not determine status; intended use must guide classification.
The Ministry, in consultation with the Chief Chemist, advises that prescribing a single minimum percentage of colourant is inadvisable as the sole criterion to identify a product as a master batch. When the colourant proportion substantially exceeds the indicative level it will ordinarily be a master batch, but when it is slightly below that level the manner of use must be taken as the confirmatory factor to decide whether the product is a colour concentrate.
Exemption from excise duty on cigarettes - Supplied as stores on board a ship of the Indian Nevy - Regarding
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Exemption from excise duty on cigarettes supplied as naval ship stores subject to bond procedure, marking, and consumption certificate.
Exemption from excise duty for cigarettes supplied as stores to Indian Navy ships is allowed subject to Collector prescribed bond movement procedure (similar to form A.R.-3A), marking packages "I.N. Ships only", and the Commanding Officer issuing a consumption certificate to the customs bonded warehouse officer within six months confirming onboard consumption; Collectors must prevent diversion and submit monthly brand wise, manufacturer wise supply reports and revenue foregone.
Central Excise - Rebate of excise duty for promoting use of specified raw materials - Calculation of assessable value - Regarding
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Rebate of excise duty: audit objections on assessable value calculation withdrawn; pending assessments may be finalised.
Rebate measures to encourage use of specified oils were distinguished from ordinary effective-rate exemptions because the rebate's purpose and the impracticability of computing precise rebate quantum at clearance precluded deducting the rebate when deriving assessable value; the Comptroller and Auditor General has elected not to pursue earlier objections, allowing finalisation of pending assessments, and the issue has been overtaken by subsequent budgetary notifications removing the cum-duty valuation problem.
Central Excise - Chapter 30 - Ayurvedic, Unani and Siddha products - Problems regarding classification
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Classification of Ayurvedic products must be determined on individual merits, with doubtful cases referred for technical review.
Ayurvedic, Unani and Siddha products must be classified by individual examination on their merits to determine whether they fall under the medicaments provision attracting nil duty; Collectors should refer doubtful cases to the Board, which will consult the Drugs Controller of India.
Reversal of Modvat credit under Rule 57-I (1) Instructions - Regarding
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Disallowance of Modvat credit requires a demand letter giving a short period to reverse before issuing a show cause notice.
When Modvat credit is wrongly availed, the officer should issue a reasoned demand letter requiring the assessee to pay or debit the wrongly taken credit within seven days; a show cause notice is to be issued only if the assessee fails to reverse the credit within that period or is unwilling to comply.
Acceptance of "neutral packing" for Export instruction regarding
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Neutral packing permitted for cotton yarn exports; name and address may be omitted with separate storage and monthly account checks.
Exporters of cotton yarn may elect to use neutral packing and omit the manufacturer/owner name and address on export packages, representing a limited relaxation of rule 185 packaging identification requirements; such packages must be stored separately and recorded in subsidiary accounts, which local Central Excise Officers may check monthly to ensure compliance.
Job Work Exemption - Prior permission not necessary, mere undertaking sufficient
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Job work exemption requires an undertaking to the Assistant Collector, allowing clearance without prior permission.
Job work exemption under Notification No. 214/86 permits removal of goods for manufacture of final products upon furnishing an undertaking to the Assistant Collector of Central Excise; the notification contains no provision requiring prior permission before clearance, so goods may be cleared once the requisite undertaking is given.
Modvat on titanium coated mild steel electrodes, thinners, paper and flushing chemicals, cutting oils, Nitrogen etc.
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Modvat credit ineligibility: specified electrodes, thinners, paper and processing chemicals do not qualify for input credit under the scheme.
Modvat benefit is denied for titanium coated mild steel electrodes used as cathodes and anodes because they are fixed plant items, not consumables; thinners used as diluents in spray painting and craft paper used as interleaving are likewise ineligible; flushing chemicals, cutting oils and compressed nitrogen used as indicated are also not admissible for Modvat credit.
Central Excise - Chapter 38 - Whether excise duty can be charged on Sodium Rosinate made from duty paid resin under the same sub-heading - Clarification regarding
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Excise liability on products under 'other' sub-heading: manufacture from duty paid like goods remains chargeable to duty.
A product falling under a sub heading "other" and manufactured from a duty paid product falling under the same sub heading "other" is chargeable to excise duty; chargeability is determined by classification of the finished article rather than by prior duty payment of the input.
12/87 - 01-09-1987 Central Excise
Central Excise - MMF - Dutiability when subjected to certain processes namely "Tapela Dyeing" - Clarification regarding
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Exemption from additional excise duties denied when nonspecified Tapela Dyeing is carried out in the same premises, making duty chargeable.
Man-made fabrics under Chapters 54 or 55 lose the exemption under Notification No. 297/79-C.E. if they are subjected in the same premises to any process not listed in the notification's annex; Tapela Dyeing is not listed. The proviso disqualifies exemption based on the occurrence of unspecified processes in the same factory irrespective of whether those processes use power. Tapela Dyeing involves burners and electrically driven fans and thus amounts to a process involving power, rendering the appropriate additional duty chargeable.
Central Excise - Duty liability on 'phenolic formaldehyde moulding powder' - Clarification regarding
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Product classification of phenolic formaldehyde moulding powders dictates they attract the higher concessional duty rate.
The Department, relying on the Chief Chemist, treats phenolic formaldehyde moulding powders and phenolic formaldehyde resins as distinct primary resin forms; the term 'resins' is limited to resol and novolak types and does not include moulding powders, which must therefore be classified and charged at the higher concessional ad valorem rate for moulding powders, with pending assessments finalised accordingly.

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