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Circulars
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Admission of proof of Export - Expeditious
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Admission of proof of export must be prioritized and processed promptly, with discrepancies notified for rectification.
Admission and verification of proof of export under bond must be prioritized and processed expeditiously. Fresh requests for acceptance of proof of export are to be disposed of within 15 days of receipt. If discrepancies are found, exporters must be notified for rectification; where rectification is not possible, the case must be dealt with promptly under the Central Excise Rules, 1944 as part of an export facilitation drive.
Payment of rebate by cheque when deuty paid through RG23C Part II
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Rebate of duty paid through RG 23C Part II can be paid by cheque or cash, confirming entitlement and disposal.
Clarifies that rebate of central excise duty paid through RG 23C Part II is admissible and may be paid in cash or by cheque; exports after payment of duty are required but payment need not be only by cash or PLA. The Board's prior clarification on RG 23A Part II applies analogously to RG 23C Part II, and pending claims should be disposed of expeditiously. It distinguishes the non refundability of RG 23G Part II credits from rebate claims under RG 23C Part II.
Date for determination of rate of duty and tariff valuation under Rule 9A of the Central Excise Rules, 1944 in respect of saloon cars removed at concessional rate of duty under Notfn. 162/86-CE dated 1/3/86, as taxis where such cars are not registered as taxis.
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Date for determination of rate of duty: removals under an exemption notification use date of removal for valuation.
Where saloon cars were removed at concessional duty under an exemption notification but later failed to satisfy a post clearance registration condition, those removals are not treated as clandestine; instead sub rule one(ii) of Rule Nine A governs and the relevant date for determining the rate of duty and tariff valuation is the date of removal from the factory or warehouse, with the rate and valuation in force on that date.
C.Ex. - Divergent practice in classification of 'Zinc Chrome' (an inorganic chemical) among the Central Excise Collectorates and thereby loss of Central Excise duty-Request for issue of instructions to bring uniformity in classification of the Product- Regarding
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Classification of Zinc Chromate: treat as an inorganic chromate under chapter 28 unless formulated as Zinc Yellow or Zinc Green.
Zinc Chromate, being a chemically defined inorganic compound, is classifiable under Chapter 28 as a chromate (28.41 grouping) rather than under Chapter 32. Chapter 32 applies only to colouring preparations or pigments; therefore only formulated pigments such as Zinc Yellow (complex zinc-potassium chromate) or Zinc Green (mixture with Prussian blue) should be classified under Chapter 32. Pending disputes and assessments should be settled consistent with this guidance.
CE-Supreme Court judgement dated 30.3.95 in the case of M/s. Shree Baidyanath Ayurved Bhavan Ltd. vs. CCE, Nagpur regarding classification of 'Dant Manjan Lal' - Regarding.
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Product classification as toilet requisite leads to denial of medicinal exemption and directs uniform tax treatment.
The Supreme Court upheld Tribunal findings that 'Dant Manjan Lal' is a toilet requisite, not an Ayurvedic drug or medicine, and consequently not entitled to exemptions applicable to medicines. The Central Board of Excise & Customs accepted the judgment and directed field formations to apply this classification and deny exemption treatment to similar products.
Assessable Value in the case of Goods captively consumed-Addition of Profit- Reg.
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Assessable value for captive consumption: apply prior year profit before tax percentage to current cost of production to determine value.
Assessable value for captively consumed goods is to be calculated by determining current-year cost of production-including material, labour, overheads, administrative expenses, advertising, depreciation and interest-and loading onto that cost the profit margin derived from the previous year's audited profit before tax, expressed as a percentage of the prior year's cost of production; the prior methodology referencing net sales may continue, and supporting accounts and CA certificates must be scrutinised.
Transshipment of goods en routs final destinations (s) due to various reasons - Procedure regarding
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Transshipment procedures require invoice endorsement and Range office verification when consignments are split or vehicles change.
Transshipment en route follows two regimes: full consignment transfers require endorsement on the transport copy of the invoice indicating date, time and new vehicle registration. Splits due to breakdown may follow the same procedure if the transport copy is countersigned by the Range Superintendent and vehicles travel as a convoy. Splits for other reasons require Range office endorsement after verification and are permitted only where the manufacturer issues separate invoices for each lot; recovered misplaced packages must be verified against the original transporter's invoice prior to endorsement.
Classification of Henna Powder.
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Classification of henna powder affirmed as vegetable matter under Chapter 14; unit packings labelled hair dye treated under cosmetic heading.
The Board accepts the tribunal precedent that bulk henna powder produced by grinding natural leaves is classifiable as processed vegetable matter, while unit packings labelled for use as a hair dye are classifiable under the cosmetic heading for hair preparations; the higher court dismissed the appeal and field formations are directed to follow this classification, especially after the rescission of a prior exemption notification.
Determination of assessable value- Changes made in the Budget 1996-97 - Regarding.
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Assessment under Section 4: goods cleared from the factory gate before amendment remain subject to prior valuation, no differential duty.
Goods cleared from the factory gate before the amendment to Section 4 are governed by the pre-amendment valuation regime; valuations based on normal sale price or sale-depot price allowed before the amendment remain unaffected, and subsequent removal from depot after the amendment does not trigger differential duty where clearance from the factory gate occurred prior to the amendment.
Classification of Tarpaulin/ Processed waterproofing canvas cloth- Clarification regarding.
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Tarpaulin classification depends on a visible uniform coating; absent it, treat the material as waterproof fabric for tariff purposes.
Classification of tarpaulin and wax coated canvas depends on the presence of a visible layer-a uniform coating visible to the naked eye distinct from mere residues; if no visible layer exists and the base is cotton, the goods are prima facie classifiable as waterproof fabric. Samples may be tested by the Deputy Chief Chemist and classification should be decided on the facts of each case, with Explanatory Notes not prevailing over chapter or section entries.
Monitoring of pendencies/ disposal of Provisional Assessment
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Monitoring of provisional assessment pendencies requires strict compliance with specified inspection instructions and acknowledgment of receipt.
Monitoring of pendencies and disposal of provisional assessment requires strict adherence to the Director General of Inspection's instructions; administrative officers must implement the specified guidance in tracking and finalizing outstanding provisional assessment matters and acknowledge receipt of the Circular.
Central Excise - Procedure for despatch of one consignment of more than one vehicle - Regarding.
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Despatch of multi-vehicle consignments: parent invoice procedure permits duty payment on the primary invoice for complete machinery.
Procedure permits manufacturers to notify the Assistant Commissioner and Range Superintendent and, after verification of the Central Excise declaration, to issue a Parent Invoice for an assembled machinery unit split across several vehicles. Duty is paid on the Parent Invoice covering total value and vehicle numbers with an annexed inventory; each subsequent part invoice must cite the Parent Invoice and debit entry reference and be accompanied by an attested photocopy of the duplicate Parent Invoice. Input credit is admissible only on receipt of the Parent Invoice and the entire consignment, while separate consignments not constituting a single unit must be classified and invoiced separately.
Determination of assessable value - Changes made in the Budget 1996-97- Regarding.
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Place of removal rules: sale price at depot determines excise assessable value and transport costs form part of valuation.
Amendment expands place of removal to include depots and consignment agents and deems time of removal as clearance from the factory; the sale price at the place of removal is the normal price for excise assessable value, allowing different values by depot. Assessments may be based on the prevailing depot price on the date goods clear the factory, provisional assessment used only if that price is unavailable or fluctuating. Transport and depot expenses form part of the sale price at the place of removal. Job work valuation follows existing Valuation Rules, using comparable price or cost plus notional profit.
Guidelines for use of E.C.C Codes in C.Ex. records
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ECC code allocation requires unique ten-character dealer identifiers with structured prefix and suffix, to be used on invoices.
Allocation and mandatory use of ECC Codes is required for persons issuing invoices under Rule 57G or Rule 57T and registered under Rule 174. Commissioners must allot unique ten-character ECC codes structured as: Commissionerate (2 chars), Division (2 chars), Range (2 chars), Range serial (3 chars, 001-999) and a suffix (initially "D", then "E" if needed). Commissioners must maintain monthly-updated lists, publish them to dealers, and ensure ECC codes appear on invoices.
Proposal for introduction of self-assessment - Instructions regarding.
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Self-assessment obligation: assessees must file revised RT-12 returns with a signed self-assessment memorandum, enabling departmental scrutiny.
Assessees must file revised RT-12 returns and maintain PLA and RG-23 accounts in new proformae showing ECC numbers and tariff sub-heading break-ups, append a dated signed self-assessment memorandum instead of Range-completed assessment memoranda, submit specified Modvat credit documents and challans, retain records, and produce documents to authorities on request; officers must scrutinise and verify returns and Modvat credits in a time-bound manner, supervise provisional assessments, and issue demand-cum-show-cause notices where duty appears escaped or under-assessed.
Correct description of "Vincristine" under notification No. 30/88-CE - Reg.
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Concessional duty entitlement: a spelling error in a drug description does not defeat the concessional excise benefit.
Concessional central excise duty under notification No. 30/88-CE covers the drug correctly named Vincristine despite a typographical entry "Vincrastin" in the Annexure; a spelling error in a notification's description shall not defeat entitlement to the concessional rate, and the benefit for Vincristine must be allowed for the period prior to the notification's rescission, with pending cases disposed accordingly.
CE- Process of tinting of duty paid base white, etc. paint with duty paid stainer to obtain paint of different shades, whether amounts to manufacture - Clarification regarding.
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Tinting of duty-paid base paints not treated as manufacture, so no fresh excise liability on resultant shaded paint.
Tinting duty-paid base white emulsion/enamel paint with duty-paid stainers produces only a different shade without change in name, character or use; there are no Chapter or Section Notes treating tinting as manufacture. Applying the test that manufacture requires emergence of a new and different article, the Board holds tinting does not amount to manufacture and, where inputs are duty-paid, the resultant shaded paint does not attract fresh excise liability.
Excise duty on gases falling under Chapter 28 and 29 escaping into atmosphere by flare system - Regarding.
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Excise duty on gases: gases escaping via flare are not treated as manufacture and thus not liable to excise.
Gases produced in a factory that escape into the atmosphere via a flare system or otherwise are not regarded as manufactured products and therefore do not amount to clearance; consequently such gases falling under the relevant tariff headings and allowed to escape to atmosphere are not liable to excise duty, applying the non-manufacture classification affirmed in the Budget Instructions to the adjacent tariff chapters as well.
Issue of certificates by Central Excise Officers regarding inputs actually used in the export product for the purpose of Pass Book Scheme- Instructions regarding.
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Certificate of actual input use enables exporters to claim credit under the Pass Book Scheme after officer verification.
Manufacturer-exporters may obtain a certificate from the jurisdictional Central Excise Officer confirming the actual input used for an exported resultant product under the Pass Book Scheme when alternate inputs are permitted; the officer must verify production records and the exporter's declaration and issue the certificate within 48 working hours of the written request.
98th Report of the PAC (1994-95) 10th Lok Sabha Action Taken- Regarding
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Pendency liquidation mandated within a fixed short time frame and monthly monitoring instituted by DGICCE.
The Board directs immediate liquidation of outstanding verification, refund claim and PLA reconciliation pendencies within a time bound short frame, permitting diversion of additional staff if necessary. DGICCE is assigned monthly monitoring through the Monthly Technical Report to apprise the Board of progress and remedial measures, and Chief Commissioners must ensure Commissioners report pendency status and take prompt corrective action.

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Acts Income Tax