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    Video Cassettes (Recorded) - Assessment - Non-invocation of Section 11C
    Recovery of Central Excise duty on account of fixation of ex-facotry prices of levy sugar for 1974-75 to 1079-80 sugar seasons
    Retrospective validation of action taken under Section 11A of Central Excise Act, 1944, under Finance Act 2000
    Classification/ Excisability of slagwool, rockwool and similar mineral wool - Regarding.
    3/2001 - 13-09-2001 Central Excise
    CEGAT - Transfer of matters from NB(D) Bench to 'A' and 'C' Benches due to heavy load
    Central Excise Manual – Latest important instructions contained therein
    Central Excise Classification of Gulab Jamun whether under chapter 4.19 or 21 of Central Excise Tariff.
    Whether slitting of HR/CR coils of iron and steel sheets into strips would amount to manufacture - Regarding
    Central Excise - Excisability and classification of Cable Jointing Kits - Clarification regarding.
    Diffculties being faced by EOUs and EPZ/STP/SEZ units in procurement of indigenous goods without payment of duty - regarding
    Notification No. 42/2001-CE(NT), dated 26.6.2001-procedure to be followed for export of excisable goods-
    Central Excise- Export Warehousing -Specifying conditions, procedures, class of exporters and places under sub-rule (2) of rule 20 of Central Excise (...
    Central Excise -Planning of Internal Audit for covering in this financial year all units paying duty Rs. One crores and above by EA-2000 -Reduced freq...
    Procedure governing the movement of goods which warehousing provisions have been extended
    Central Excise (No. 2) Rules, 2001 and other Rules
    Dispute between the Department and PSU - COD clearance - Requirement of - Reg
    Whether drawing of iron and steel wires from wire rods amounts to manufacture
    Central Excise - Excisability of plastic plaiting material (PPM) used for manufacture of plastic mats/satranjis
    Excise duty exemption in respect of plastic footwear of retail sale price not exceeding Rs. 125 per pair
    Excisability of products of heading No. 30.03 – Labeling or re-labeling of containers-
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Video Cassettes (Recorded) - Assessment - Non-invocation of Section 11C
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Non-invocation of Section 11C: pending video cassette assessments to be decided on merits and duty recovered.
Non-invocation of Section 11C was decided for recorded video cassette assessments after a field survey; field formations must now decide pending cases on merits and recover duty in accordance with law, ending the prior abeyance on enforcement that had been maintained during the survey of assessment practice.
Recovery of Central Excise duty on account of fixation of ex-facotry prices of levy sugar for 1974-75 to 1079-80 sugar seasons
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Recovery of central excise duty: dispose pending show-cause notices on merits in light of appellate rulings.
Recovery of Central Excise duty arising from revision of ex-factory prices of levy sugar for the 1974-75 to 1979-80 seasons has been affected by appellate rulings setting aside departmental demands; field formations are directed to dispose of pending show-cause notices on merits while taking those appellate conclusions into account and to align recovery actions with the prevailing appellate outcomes.
Retrospective validation of action taken under Section 11A of Central Excise Act, 1944, under Finance Act 2000
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Retrospective validation protects past excise recovery actions, permitting recovery where prior judicial rulings had barred it.
Retrospective validation legitimises excise recovery actions back to 17 November 1980, overriding prior judicial impediments and covering demands previously held time barred due to approved classification or price lists, provided notices were issued within the retrospective temporal scope; finalized matters require notices referencing the amendment and pending appeals should be met with affidavits drawing attention to the retrospective provision so adjudication proceeds under the amended law.
Classification/ Excisability of slagwool, rockwool and similar mineral wool - Regarding.
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Product classification: slagwool and rockwool classed under mineral wool heading despite substantial blast slag content, clarified by tax circular.
The Board clarifies that goods known or marketed as slagwool, rockwool and similar mineral wool are appropriately classifiable under heading 68.03 even if they contain more than 25% by weight of blast furnace slag, based on the Conference finding that these products are produced from blast furnace slag and sold as bulk or sheets, and the Conference recommendation that the specific mineral wool tariff entry is the appropriate classification.
3/2001 - 13-09-2001 Central Excise
CEGAT - Transfer of matters from NB(D) Bench to 'A' and 'C' Benches due to heavy load
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Reallocation of appeals to balance bench workloads: backlog matters moved for earlier final disposal and recent matters redistributed chronologically.
Administrative transfer of matters to redistribute caseload: appeals from the early 1980s through 2000 within NB(D) jurisdiction are to be posted for final disposal before Bench C from the implementation date, and an initial tranche of matters from the following year will be chronologically posted before Bench A from the same date, establishing chronological posting and bench reassignment to expedite final disposal and reduce backlog.
Central Excise Manual – Latest important instructions contained therein
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Central Excise Manual updates supersede prior instructions and clarify registration, invoicing, export proof and bond procedures.
The Central Excise Manual operates as Board instructions in supersession of prior instructions on identical issues, subject to the primacy of the Act and rules. It clarifies that duty is deemed discharged only when credited to the Central Government account and that bank receipt stamps on TR-6 challans evidence such credit. The Manual updates registration criteria for factory premises and depots, invoicing and computerized record procedures, export bond and proof-of-export mechanisms, allowances for off-site storage of seasonal sugar, and procedures for provisional release, re-import, and supervision of destruction of excisable goods.
Central Excise Classification of Gulab Jamun whether under chapter 4.19 or 21 of Central Excise Tariff.
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Excise classification of Gulab Jamun: treated under food preparations headings depending on whether sold under a brand name.
Gulab Jamun classification is governed by the post amendment chapter 21 regime: Note 10 inserted in chapter 21 directs classification under the chapter 21 food preparations sub headings, with branded and unbranded products distinguished for allocation to the appropriate sub headings; the earlier circular predating the Finance Act amendment is withdrawn and field formations are to be instructed and trade informed accordingly.
Whether slitting of HR/CR coils of iron and steel sheets into strips would amount to manufacture - Regarding
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Tariff classification change: slitting or cutting HR/CR coils constitutes manufacture when resultant product falls under a different sub heading.
Slitting, shearing or cutting HR/CR coils or sheets will amount to manufacture if the resultant product is classifiable under a different Central Excise Tariff sub heading; if the product remains within the same sub heading, the process will not amount to manufacture.
Central Excise - Excisability and classification of Cable Jointing Kits - Clarification regarding.
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Excisability of cable jointing kits: assembled kits retaining constituent character are not treated as manufacture for excise.
Assembling duty-paid components into a packaged 'cable jointing kit' that leaves constituent articles' character and use unchanged does not amount to manufacture for excise purposes and therefore is not excisable; administrative classification will follow the judicial position and the prior departmental circular treating such kits as a new excisable product is withdrawn.
Diffculties being faced by EOUs and EPZ/STP/SEZ units in procurement of indigenous goods without payment of duty - regarding
Show AI Summary
Duty free procurement procedure: prior EOU procedural formalities remain in force pending clarification, preventing administrative disruption.
The Board directs that, notwithstanding the new concessional movement rules, all procedural formalities and requirements previously applicable to 100% EOUs and similar export oriented units shall continue to be followed pending rewording of provisions that reference prior movement rules; this includes bond execution for accountal, storage, utilisation and export obligations and movement of duty free goods against the modified CT-3 certificate.
Notification No. 42/2001-CE(NT), dated 26.6.2001-procedure to be followed for export of excisable goods-
Show AI Summary
Procedure for export of excisable goods: transitional allowance to use prior formats avoids detention of consignments.
The notification prescribes new prescribed formats-ARE-1 for exporter applications, a revised bond form, and CT-1 for indigenous duty-free removal-but treats these changes as minor procedural adjustments. Administratively, exporters may continue to follow the prior procedure and formats during the transitional period, and consignments should not be detained solely for non-use of the newly prescribed formats so long as the earlier procedure has been duly followed.
Central Excise- Export Warehousing -Specifying conditions, procedures, class of exporters and places under sub-rule (2) of rule 20 of Central Excise (No.2) Rules, 2001 read with Notification No. 46/2001-Central Excise(N.T.) dated 26th June, 2001
Show AI Summary
Export warehousing procedure extends nil-duty storage to specified exporters, prescribing bonds, registration, running bond accounts and interest on diversion.
The circular prescribes application of Notification No.46/2001-CE(N.T.) to specified exporters and places, extends export-warehousing to all scheduled excisable goods (with nationwide registration for petroleum products), and mandates registration under rule 9, execution of a B-3 general bond with 25% security, and maintenance of a Running Bond Account. It sets procedures for issuance of CT-2 certificates, conversion of provisional debits to actual debits upon ARE-3/ARE-1 proof of export, random verification of receipts, controls on packing/labeling/manufacture, rules for diversion to home consumption with duty and interest, and provisions for waiver of physical warehousing and officer accommodation.
Central Excise -Planning of Internal Audit for covering in this financial year all units paying duty Rs. One crores and above by EA-2000 -Reduced frequency and selective audit for other units -Instructions
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Mandatory annual audit for high-duty units; reduced frequency and risk-based selection for lower-duty units, with redeployment and training requirements.
Mandatory annual audit coverage is required for all units in the highest duty band, with sufficient EA-2000 audit teams constituted, including redeployment of staff to ensure complete coverage by year-end. Intermediate-band units should be audited normally once in two years, selected by risk factors such as commodity risk, exemption patterns, valuation and trade patterns, CENVAT and revenue trends. Audit of the smallest duty band is limited to a maximum of twenty percent of units in a Commissionerate, selected on similar risk-based criteria. Training for Audit Wing staff and monitoring with compliance reporting to the Board are mandated.
Procedure governing the movement of goods which warehousing provisions have been extended
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Warehousing procedure: documentation and certificate rules govern removal and liability for excisable goods under extended warehousing provisions.
Movement of excisable goods under extended warehousing provisions requires Commissioner specified warehouse registration and a quadruplicate removal application with an invoice; prescribed copies accompany consignments and must be filed with Superintendents within twenty four hours. Consignee verification and Superintendent countersignature procedures are mandated. Failure to receive a duly endorsed warehousing certificate within ninety days (or extended period) exposes the consignor to duty liability, with a structured reminder and escalation process culminating in recovery if satisfactory proof of receipt is not secured.
Central Excise (No. 2) Rules, 2001 and other Rules
Show AI Summary
End-use concession procedure revised to require supplier-specific certificates and recipient liability for dispatched goods under new rules.
The Central Excise (No. 2) Rules, 2001 re-notify and replace the earlier Central Excise Rules, 2001 effective 1 July 2001, making targeted operational amendments: parent manufacturer liability for readymade garments absent authorised job workers; provisional assessment with a six-month finalisation target and limited extension power plus interest/refund mechanics for new provisional cases; enhanced invoice content requirements; clarified CENVAT credit treatment for goods returned for remaking with recovery where goods are not returned; and replacement of Chapter X end-use exemption by supplier-certificate based concessional removal rules imposing end-user liability for dispatched quantities.
Dispute between the Department and PSU - COD clearance - Requirement of - Reg
Show AI Summary
COD clearance requirement: PSU-related revenue appeals must have timely proposals filed to secure clearance and avoid procedural dismissal.
Directs that proposals for COD clearance in PSU-related revenue appeals must be forwarded promptly and within the prescribed period after filing; mandates a one-time review and reconciliation of pending appeals to identify and forward outstanding COD proposals, and requires Commissioners to submit a certificate of review and compliance if no proposals remain outstanding.
Whether drawing of iron and steel wires from wire rods amounts to manufacture
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Drawing of steel wires: classification as manufacture questioned; administrative circular remains in force pending appeal.
Whether drawing of iron and steel wires from wire rods amounts to manufacture is an unresolved classification question; a pending appeal against a tribunal order has led the Board to keep Board Circular No. 570/7/2001-CX in force, so the administrative guidance on excisability of the drawing process remains operative until final adjudication.
Central Excise - Excisability of plastic plaiting material (PPM) used for manufacture of plastic mats/satranjis
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Excisability of plastic plaiting material: non excisable when captively consumed and not marketable in normal trade.
The extruded polypropylene tubes used as plaiting material for plastic mats are produced in house, captively consumed, not offered for sale and lose shape unless woven immediately; therefore they are not marketable in normal trade and are not excisable when used in manufacture of plastic mats.
Excise duty exemption in respect of plastic footwear of retail sale price not exceeding Rs. 125 per pair
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Excise exemption for plastic footwear clarified to include items with minor non-plastic parts and applied retrospectively.
Exemption for footwear made of plastic material covers items essentially fabricated of plastic even if they include minor non plastic attachments (buckles, tabs, eyelet stays, in soles), provided the retail price condition is met. A clarificatory explanation confirms that the exemption applies retrospectively to past clearances and field formations and trade should be informed to apply the concession consistently.
Excisability of products of heading No. 30.03 – Labeling or re-labeling of containers-
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Labeling as manufacture: relabeling pharmaceuticals to meet statutory requirements can trigger excise duty liability under the tariff regime.
Placing or replacing consumer-information labels on imported pharmaceutical products to satisfy statutory requirements is treated as manufacture under the Chapter 30 explanatory note, attracting excise duty; the Ministry of Law advised this interpretation, the Central Board accepted the Audit objection, and Commissionerates are directed to take necessary action in similar cases.

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