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Circulars
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Seized documents and records — Return of
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Return of seized records: unrelied documents must be returned under proper receipt and clear collection procedure established.
Seized documents not relied upon in adjudication must be returned to the persons from whom they were seized under proper receipt. The Show Cause Notice should state that unrelied records may be collected within a defined collection period and must specify the designation and address of the officer responsible for returning the records.
Export Warehousing- specifying class of exporters under sub-rule 2 of Rule 20 of the Central Excise Rules,(No.2) 2001 read with Notification No. 46/2001-CE(NT) dated 26.06.2001.
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Export warehousing eligibility expanded to include Two Star Export Houses and above, aligning rules with Foreign Trade Policy.
Amendment clarifies eligibility for Export Warehousing under sub rule (2) of Rule 20 of the Central Excise Rules read with Notification No. 46/2001 CE(NT), aligning the circular with the Foreign Trade Policy, 2004 09 by specifying exporters accorded Two Star Export House status and above, foreign departmental stores of repute, and automobile manufacturers with a Memorandum of Understanding as eligible to establish export warehouses.
27/2006 - 28-08-2006 Central Excise
Accounting of collection on Account of "Additional Duty of excise on Pan Masala and certain Product" reg.
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Additional excise duty accounting: new minor heads opened to record levy on pan masala and specified tobacco products.
Additional Duty of excise on pan masala and certain tobacco products, previously recorded under an interim "Receipt Awaiting Transfer" head, will be recorded under newly opened Union Excise Duty minor heads and specific account codes provided by the Controller General of Accounts; trade associations are requested to notify constituents of the new accounting arrangement.
Report - 22-08-2006 Central Excise
Recommandations - JOB WORK VALUATION REPORT
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Job work valuation: recommend amending manufacturer definition and valuation rules to use principal's transaction value.
The Sub Group recommends legislative and rules level changes to close valuation gaps for goods manufactured by job workers: amend Section 2(f) to include both job worker and principal manufacturer within the definition of manufacturer; expand Section 4(3)(b) to treat principal and job worker as related persons; and insert a new Rule 8A in the Valuation Rules providing that where goods manufactured for another are not sold at removal, valuation shall be the transaction value at the place/time of first sale or, if consumed, 110% of cost of production.
Setting up of Large Taxpayer Unit at Bangalore - Reg.
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Large Taxpayer Unit single-window facilitation allows eligible large taxpayers to centralise filing and assessment of excise, income and service taxes.
A Large Taxpayer Unit (LTU) at Bangalore will function as a single-window tax administration for large PAN-based taxpayers, centralising filing and assessment of central excise, income/corporate tax and service tax, and providing services for payments, returns, refunds and dispute settlement. Eligible entities assessed to income/corporate tax in one of five designated cities and meeting prescribed high-turnover thresholds may opt into the LTU scheme; the Bangalore LTU is functional from 1-10-2006 at the stated office address and affected assessees will be notified separately.
SSI Exemption to power driven pumps not conforming to BIS standards, till 31-12-2006
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SSI exemption for non-BIS water pumps extended; manufacturers must obtain BIS certification to retain exemption thereafter.
Extension of the SSI exemption for power driven pumps designed to handle water has been made conditional on obtaining BIS certification by the end of 2006; from 1-1-2007 pumps not conforming to BIS will not be eligible. Authorities are instructed to notify associations and small scale manufacturers, advise them to secure BIS certification within the extended period, assist units facing difficulties, and liaise with BIS to expedite applications.
Accounting of collection on Account of "Additional Duty of Excise on Pan Masala and certain Tobacco Product"
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Additional Duty of Excise on pan masala and tobacco: new accounting heads opened and collections to be reallocated.
Accounting instructions establish newly opened minor heads for the Additional Duty of Excise on Pan Masala and certain Tobacco products (levy effective 1-3-2005) replacing temporary booking under "Receipt Awaiting Transfer"; Commissioners must be notified to issue a Trade Notice and amounts in the RAT account must be transferred to the new heads.
The Taxation Laws (Amendment) Act, 2006
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Voluntary settlement scheme permits payment of duty with penalty to avoid full adjudication, preserving regular proceedings for unpaid portions.
An optional voluntary settlement mechanism allows assessees to pay duty with interest and a penal percentage within a prescribed period after receipt of a show cause notice to dispense with adjudication; unpaid portions remain subject to regular proceedings. A corrective amendment authorizes officers other than adjudicating authorities to file appeals on behalf of Commissioners. A retrospective rule treated wire drawing units as assessees for a prior period to regularize input credit, payment treated as duty, and permit downstream credit, without creating new liabilities for units that did not pay.
24/2006 - 26-07-2006 Central Excise
Definition of Manufacture - Clarification with regard to section 2(f) of the Central Excise Act, 1944 - reg.
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Definition of Manufacture clarified: official text omits conjunctive and between subclauses, confirming statutory wording and scope.
Clarification confirms the correct text of section 2(f) of the Central Excise Act: manufacture includes processes incidental or ancillary to completion of a manufactured product; processes specified in the Section or Chapter Notes of the First Schedule to the Central Excise Tariff Act as amounting to manufacture; and processes involving packing, repacking, labelling, re labelling, declaration or alteration of retail sale price or other treatment to render goods marketable. The Official Gazette does not contain an inserted conjunctive between the enumerated clauses; stakeholders are asked to note and circulate the correction.
32/2006 - 04-07-2006 Central Excise
Quarterly Returns by Registered Dealers.
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Quarterly returns requirement: registered dealers must file pending returns or face registration cancellation and penalties.
Registered first- and second-stage dealers under the Cenvat Credit Rules must submit the specified quarterly return within the prescribed time to the Superintendent of Central Excise; outstanding returns must be filed by the Commissionerate deadline or proceedings for cancellation of registration and penalties will be initiated. Dealers must file a NIL report if no transactions occurred in a quarter, and trade associations are requested to inform their members of these compliance obligations.
Export Warehousing- extension of facility to Navi Mumbai in the district of Thane in the state of Maharashtra -reg.
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Export warehousing expansion: inclusion of Navi Mumbai enables registration of export warehouses in Thane district.
Extension of the export warehousing facility to include Navi Mumbai in the district of Thane, Maharashtra, by amending paragraph 2(2) of the Board's Circular dated 29.6.2001; the revised paragraph adds Navi Mumbai to the list of places where warehouses may be established and registered, enabling exporters and warehouse operators in that locality to use the export warehousing mechanism under the Central Excise Rules, 2002.
Draft Circular - Allowance of maximum permissible error on net quantity by weight declared in packages of cement.
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Permissible error on net quantity by weight in cement packaging: reconcile monthly and pay duty on any net excess delivered.
Manufacturers must compute the net variation between total quantity delivered in a month and the quantity assessed for duty, pay excise duty on any net excess, and maintain weighment and production records for audit. If duty on the net excess is not paid with the monthly liability, applicable interest will be charged, and the paid excess must be reported in monthly returns.
Clarification with regard to section 2(f) of the Central Excise Act, 1944, reg.
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Definition of manufacture clarified; omission of conjunctive corrected and scope including self-employed producers affirmed for excise law
Clarification confirms the correct statutory definition of manufacture under section 2(f) as comprising (i) processes incidental or ancillary to completion of a manufactured product, (ii) processes specified in the First Schedule Section or Chapter Notes as amounting to manufacture, and (iii) for Third Schedule goods, packing, repacking, labelling or re-labelling and related treatments to render goods marketable; and that the term includes both employers of hired labour and persons producing on their own account, with field staff to be advised to safeguard revenue.
Revision of thresholds for frequency of audit in respect of Central Ex cise and Service Tax audits - Regarding.
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Audit frequency revision: total duty including CENVAT now determines excise and service tax audit scheduling immediately.
Audit-frequency norms for Central Excise and Service Tax are revised to use total duty payment (cash plus CENVAT credit) as the basis for tiered audit scheduling; selection for mid- and lower-tier categories will continue to employ DC (Audit) unit-wise rupee risk calculations and local risk parameters, while EOUs are to be prioritised by total value of duty-free inputs and capital goods within each Commissionerate, subject to local risk overrides; the revisions are to be implemented immediately with a carve-out for units already audited earlier in the financial year.
Endorsement of Bills of Entry for CENVAT purpose Reg.
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CENVAT Credit Rules govern credit claims; customs endorsement of bills of entry for credit is dispensed with.
Endorsement of Bills of Entry for availment of credit under prior MODVAT provisions is discontinued; CENVAT Credit Rules, 2004 govern the procedure and documents for claiming credit, and the practice of Customs officer endorsement on Bills of Entry for MODVAT/CENVAT purposes is dispensed with.
Scheme of Advance Rulings under Customs, Central Excise and Service Tax laws - Complete update - Regarding
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Advance Rulings expanded to include new applicant classes and additional questions on origin and tax liability.
The Advance Rulings scheme has been amended to broaden applicant eligibility-including joint ventures and notified residents such as importers under the India-Singapore CECA-and to expand permissible questions to include determination of origin under Customs Tariff rules and determination of liability to pay excise duty and service tax under their respective statutory provisions.
DRAFT - Cenvat Credit - Document Proposed Amendment to rule 9 of the the CENVAT Credir Rules, 2004
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Cenvat credit documentation requirements: purchaser must ensure critical document details before claiming input credit.
Proposed amendment would replace the impractical reasonable steps requirement in rule 9(3) with a mandate that the purchaser/receiver ensure specified critical details are present on the document before claiming CENVAT credit, namely duty/service tax particulars, description and value of goods or taxable service, name and address of the factory/warehouse or provider of input service, and the purchaser/receiver's name.
Export Warehousing- extension of facility in the taluka Ankleshwar in the district of Bharuch in the state of Gujarat.
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Export warehousing extension to Ankleshwar enables registration of approved warehouses under the revised locations list.
The Board amends paragraph 2(2) of Circular No. 581/18/2001 CX to add the taluka Ankleshwar in the district of Bharuch, Gujarat to the list of places where warehouses may be established and registered for warehousing of excisable goods for export, and directs that trade and field formations be informed and acknowledge receipt.
DRAFT - MRP based levy of excise duty on certain goods - regarding
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MRP based excise levy prompts industry data call to determine abatement for assessable value under section 4A.
MRP-based levy on plant growth regulators requires prescribing an abatement from retail sale price to compute assessable value; manufacturers must submit segment-wise recent data-ex-factory price, excise duty paid, sales tax and other taxes, wholesale price inclusive of taxes, retail MRP, trade practices, trade discounts (with agreements where applicable) and any other relevant information-to enable the Advisory Committee on Abatement to recommend the abatement.
828/5/2006 - 20-04-2006 Central Excise
Simplified procedure for sanction of refund of unutilised credit/rebate claims in cases of export
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Simplified refund procedure for exporters: interim sanction of major claim pending verification and completion of audits.
A streamlined mechanism allows exporters to file refund/rebate claims with the appropriate Commissioner; after preliminary scrutiny, an interim sanction of eighty percent is to be issued within fifteen days if documents are prima facie in order, with the balance paid after verification within forty five days, and pre/post audit and recovery procedures applied where discrepancies are found.

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