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    Misuse of Modvat credit especially by using both original and duplicate copies of invoices, or by resorting to similar double credits against single c...
    Issue of Show Cause Notice by Collector-I, instead of Collector-II in cases where Show Cause Notice is to be issued and adjudicated by Collector of Ce...
    Extending the benefit of Notification No. 1/93-C.E. to branded elastic tapes - Clarification regarding
    Classification of Isabgol Husk under Central Excise, Tariff - Clarification - Regarding
    Recommendation of Rekhi Committee - Assessment of monthly RT-12 Returns - Regarding
    Method of Calculation of the depreciation which should be allowed to the 'Capital Goods' at the time of assessment of duty from Free Trade Zone/100% E...
    Valuation of Goods Manufactured by units working under the 100% EOU Scheme - Regarding
    Instructions to field formations on the changes brought about in Central Excise Procedure - Regarding
    Central Excise - Submission of quarterly report on adjudication, provisional assessment and RT-12 Returns to the Board - Regarding
    Clarification regarding Rule 57F (2) read with Notification No. 214 / 86 for direct despatch of inputs for processing to job workers-Regarding
    Central Excise - Classification of Prickly Heat Powder whether under Chapter 30 or 33 - Clarification regarding
    Central Excise - Recommendations of Public Accounts Committee (1993-94) (10th Lok Sabha) - 69th Report- Follow up - Regarding
    Classification of Heptene and Nonene under the Central Excise Tariff - Regarding
    Stainless steel circles - Classification of
    Whether goods manufactured by SSI manufacturer output of raw materials supplied by another person / manufacturer would be entitled to exemption under ...
    Compounded levy scheme on stainless steel pattis/pattas - Specimen forms - Particulars to be filled up only to the extent applicable to compounded lev...
    Recommendation of Rekhi Committee-assessment of monthly RT-12 Returns - Regarding
    Rule 56B - Instructions - Regarding
    Issue of Notification No. 125/94-C.E., dated 31-8-1994 regarding brand name provision and for deletion of DGTD condition in the general SSI Scheme
    Central Excise - Classification-excisability of printing frames /flat bed screens for the period 1-3-1986 to 2-5-1994 - Regarding
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Misuse of Modvat credit especially by using both original and duplicate copies of invoices, or by resorting to similar double credits against single consignment by falsification of documents by various methods - Instruction Regarding
Show AI Summary
Modvat credit controls: duplicate invoices required; verify and penalise double credits and invoice falsification.
The Board warns that duplicate invoices are the prescribed basis for claiming Modvat credit and that original invoices may be used only exceptionally when duplicates are lost in transit with Assistant Collector approval. It directs immediate verification to detect credits taken on originals or double credits arising from falsified documents, and mandates action against both suppliers and recipients where improper credits are found, with instructions to field formations to ensure strict scrutiny and penal measures.
Issue of Show Cause Notice by Collector-I, instead of Collector-II in cases where Show Cause Notice is to be issued and adjudicated by Collector of Central Excise - Regarding
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Allocation of show cause notices: Collector I to issue and Collector II to adjudicate in affected collectorates.
Where a Collector II post exists in a collectorate, the administrative rule requires Collector I to issue Show Cause cum Demand Notices and Collector II to adjudicate those cases; field formations and trade interests are to be informed to standardise practice.
Extending the benefit of Notification No. 1/93-C.E. to branded elastic tapes - Clarification regarding
Show AI Summary
Extension of exemption benefit to branded elastic tapes clarifies substitution of wording to include trade names for eligibility.
A corrigendum to para 2 of Circular No. 50/50/94-CX substitutes the words "of a manufacturer other than the SSI manufacturer" with "or trade name of another person", clarifying that possession of another person's trade name is relevant to extending the benefit of Notification No. 1/93-C.E. to branded elastic tapes.
Classification of Isabgol Husk under Central Excise, Tariff - Clarification - Regarding
Show AI Summary
Classification of Isabgol Husk clarified: raw husk not excisable, but therapeutic formulations treated as pharmaceuticals.
Isabgol husk obtained by removal of the filmy layer from seeds is a plantago psyllium product within Chapter 12 HSN and the removal process is not a manufacture; therefore raw husk is not excisable and does not fall under Chapter 30. If mixed with other products and sold as a formulation claiming therapeutic or prophylactic values, it will be treated as falling under Chapter 30 and subject to excise classification. Pending assessments are to be finalised on this basis and field formations and trade advised.
Recommendation of Rekhi Committee - Assessment of monthly RT-12 Returns - Regarding
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Right to challenge approved classification lists allows representations to the Assistant Collector for administrative review.
The corrigendum inserts an explicit provision allowing any person who disagrees with the approved classification list to bring that disagreement to the notice of the Assistant Collector, thereby preserving a procedural avenue for administrative consideration of classification disputes under the central excise framework.
Method of Calculation of the depreciation which should be allowed to the 'Capital Goods' at the time of assessment of duty from Free Trade Zone/100% Export Oriented Units to Domestic Tariff Area - Regarding
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Depreciation calculation for capital goods applies to domestic and imported assets cleared to domestic tariff area.
Method for calculating depreciation for capital goods cleared by Free Trade Zone/100% Export Oriented Units to the Domestic Tariff Area permits duty payment on the depreciated value. The Board's method for imported goods applies mutatis mutandis to domestically procured capital goods, using quarterly rates: 4% (first year), 3% (second year), 2.5% (third year), 2% (fourth year and thereafter), subject to a 70% overall cap.
Valuation of Goods Manufactured by units working under the 100% EOU Scheme - Regarding
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Transaction value acceptance for EOU to DTA clearances when invoice reflects arm's-length export value and valuation rules apply.
Accept the invoice price as the operative transaction value for goods cleared from 100% EOUs to the DTA when the invoice reflects an arm's-length export value and conforms to customs valuation parameters; no comparison with imported CIF prices or other undertakings is required in such cases. If the invoice fails to satisfy transaction value criteria-such as related-party sales or other indications of non-arm's-length pricing-assessing officers must apply best-judgement valuation, considering comparable sale and export prices, transaction nature, and enquiries to determine assessable value.
Instructions to field formations on the changes brought about in Central Excise Procedure - Regarding
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Assessment on invoice value requires expeditious RT 12 verification and monthly reports on Modvat credit use.
The Board requires that RT 12 return assessments be conducted expeditiously and only after verification of duty paying documents for capital goods, reconciliation of accumulated Modvat credit, verification of production using those capital goods, calculation of duty attributable to such production and set off of that duty against accumulated Modvat credit, with initial evaluation and statistical reports on Modvat credit on capital goods submitted within a fortnight and monthly thereafter.
Central Excise - Submission of quarterly report on adjudication, provisional assessment and RT-12 Returns to the Board - Regarding
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Central Excise reporting requirements mandate quarterly submission of adjudication, provisional assessment and RT 12 returns to the Board with disposal targets.
Central Excise mandates quarterly submission of consolidated reports on adjudication, provisional assessment and RT-12 returns to the Board by the fifth day of the month following each quarter, using the prescribed proforma. The Board sets baseline pendency figures and liquidation targets for 1994-95 for cases over one year and RT-12 cases beyond three months, prescribes quarterly disposal minima, and identifies collectorates for special drives. The proforma requires opening and closing pendency and disposals during the quarter and accommodates related circulars and notices.
Clarification regarding Rule 57F (2) read with Notification No. 214 / 86 for direct despatch of inputs for processing to job workers-Regarding
Show AI Summary
Challan authentication: officer pre-authentication not required; owner must serialise, notify assistant collector and pre-authenticate.
Pre-authentication of challans by a Central Excise Officer is not required; challans for movement of goods to job workers must be serially numbered for each financial year, the serial numbers must be intimated to the Assistant Collector of Central Excise before use, and each challan must be pre-authenticated by the owner or the owner's authorised representative.
Central Excise - Classification of Prickly Heat Powder whether under Chapter 30 or 33 - Clarification regarding
Show AI Summary
Classification of prickly heat powder: Board accepts PAC recommendations and issues Section 37 B order rescinding prior circular.
The Board clarifies classification of prickly heat powders, listing Nycil under heading 30.04 and Shower to Shower and Johnsons under heading 33.04, accepts the Parliamentary Accounts Committee's recommendations, and issues a Section 37-B order while rescinding the earlier circular to achieve uniformity in classification of similar excisable products.
Central Excise - Recommendations of Public Accounts Committee (1993-94) (10th Lok Sabha) - 69th Report- Follow up - Regarding
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Exemption for motor vehicle body-building narrowed, prompting expedited resolution of disputed appeals to protect revenue.
The Committee addressed repeated short-levy of excise on motor vehicles resulting from incorrect application of a concessional exemption where bodies were fitted outside the chassis manufacturer's factory; collectors issued protective demands and an appeal was filed to the appellate tribunal, but the Law Ministry advised awaiting that adjudication. The Ministry subsequently amended the notification to restrict exemption where the chassis owner sends chassis for body building on his own account, and the Committee urged prompt resolution and strict implementation to protect revenue.
Classification of Heptene and Nonene under the Central Excise Tariff - Regarding
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Tariff classification: heptene and nonene classed as ATF for excise but as naphtha under customs notification.
Chemical tests showed heptene and nonene meet the smoke point and final boiling point specifications for ATF in the Central Excise Tariff, excluding classification as Motor Spirit or Raw Naphtha which require suitability for spark-ignition use. For Central Excise they merit classification as ATF. Under Customs exemption notifications the goods did not match Motor Spirit or Kerosene and initially fell under a residual entry, but following a later notification amendment the goods are classifiable as Naphtha for customs, allowing divergent classification across the two codes.
Stainless steel circles - Classification of
Show AI Summary
Tariff classification correction: stainless steel circles heading amended to reflect the intended tariff headings in the corrigendum.
The corrigendum substitutes 72.19 or 72.20 for the incorrectly typed 72.22 in the Table entry to Notification No. 106/94-C.E., thereby correcting the amendment to Notification No. 40/94-C.E. and aligning the Hindi text with the corrected heading for stainless steel circles in the Gazette entry.
Whether goods manufactured by SSI manufacturer output of raw materials supplied by another person / manufacturer would be entitled to exemption under Notification No. 1/93-C.E. (NT), dated 28-2-1993
Show AI Summary
Manufacturer status for job workers determines SSI exemption eligibility when raw materials are supplied by another person.
Whether goods made by an SSI unit from raw materials supplied by another person qualify for SSI exemption depends on which party is the manufacturer. If the supplier and job worker are in a principal-to-principal relationship, the job worker will be treated as the actual manufacturer. Determination relies on facts such as financial assistance by the supplier, supplier control over management, and whether the job worker is an independent entity rather than a dummy or agent.
Compounded levy scheme on stainless steel pattis/pattas - Specimen forms - Particulars to be filled up only to the extent applicable to compounded levy scheme
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Compounded levy scheme on stainless steel pattis: prescribed specimen forms must be used but only relevant particulars need be completed.
Compounded levy scheme on stainless steel pattis/pattas requires prescribed specimen forms to be used and completed only to the extent their fields are relevant to the scheme; administratively irrelevant particulars, such as worker counts in certain forms, need not be filled in or insisted upon.
Recommendation of Rekhi Committee-assessment of monthly RT-12 Returns - Regarding
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Approved classification list binding on assessors: Range Officers must follow lists when assessing monthly RT-12 returns.
Superintendents assessing monthly RT-12 returns must apply the approved classification list; inquiries under Rule 173I do not permit review or alteration of that list. The Board directs Range Officers to follow the approved Classification Lists in RT-12 assessments and to notify trade and field formations of this requirement.
Rule 56B - Instructions - Regarding
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Rule 56B delegation now vests in Assistant Collectors, replacing previous Collector-only administrative authority over permissions.
Allocation of authority to grant permissions under Rule 56B is shifted from Collectors to Assistant Collectors; a prior position limiting such powers to Collectors has been re examined and revised so that Assistant Collectors will henceforth exercise the permission granting function under the Central Excise procedural framework.
Issue of Notification No. 125/94-C.E., dated 31-8-1994 regarding brand name provision and for deletion of DGTD condition in the general SSI Scheme
Show AI Summary
Brand name ownership: non owned marks do not bar small scale exemption, and DGTD exclusion has been removed.
Use of trade or brand names not owned by any particular person does not disqualify a unit from the small scale exemption under Notification No. 1/93 C.E.; the Law Ministry confirmed that freely used marks do not defeat eligibility, the third proviso addressing such marks has been deleted as redundant, and field formations should treat manufacturers using non owned marks as eligible. The amending notification also removed the DGTD exclusion consequent to abolition of DGTD.
Central Excise - Classification-excisability of printing frames /flat bed screens for the period 1-3-1986 to 2-5-1994 - Regarding
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Classification of printing frames affirmed under Heading 84.42 historically; reclassification under Heading 59.09 backstopped by Section 37B.
Printing frames/flat bed screens are to be treated as classifiable under Tariff Heading 84.42 for the period up to 1 May 1994, reflecting acceptance of a tribunal decision; from 2 May 1994 they are reclassified under Tariff Heading 59.09 and a Section 37B order will be issued to give effect to the amended notification. The earlier circular creating the conflict is withdrawn, pending assessments should be finalised on this basis, and the Section 37B order is to be converted into a Trade Notice for internal use.

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