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Exemption to Readymade Garments from CESS under Textile Committee Act, 1963 - Regarding
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Exemption from textile cess for readymade garments removes cess liability under the Textile Committee Act, effective on notification.
The Central Government, invoking powers under the Textile Committee Act, exempts ready made garments, as a variety of textiles, from the levy of the whole of the cess otherwise leviable as an excise duty, with effect from the date of publication of the notification, thereby removing cess liability on the specified commodity class.
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: Star Export House status and specified entities may use warehousing for export consignments.
The circular revises the class of exporters eligible for the export warehousing facility, specifying that exporters granted Star Export House status and above, foreign departmental stores of repute, and automobile manufacturers with a Memorandum of Understanding with the trade authority are entitled to avail warehousing for excisable goods for export, thereby aligning Central Excise instructions with the Foreign Trade Policy nomenclature.
Invoices by first stage or second stage dealers--- Marking of
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Cenvat credit admissibility: invoices must be marked as first stage or second stage dealer and include manufacturer details.
Dealers must mark invoices prominently as FIRST STAGE DEALER or SECOND STAGE DEALER and include a prescribed certificate showing receiving/dispatch premises, original manufacturer/importer particulars, and the relationship between parties. Dealers must strike out the inapplicable stage and record duty-paying and other particulars of the original manufacturer/importer to facilitate admissibility of Cenvat credit under the Cenvat Credit Rules.
26/2007 - 07-05-2007 Central Excise
E-filing -- E-filing of Excise Returns - New returns format as per Notification No.22 and 23/2007- CX(NT) dated 19th April, 2007
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E-filing format change requires separate reporting of education cess; e-filing blocked pending software update, manual filing required.
The excise return format has been revised to require separate reporting of credit taken and utilisation of secondary and higher education cess. E-filing via the Sermon6i software is temporarily blocked while the software is modified; assessees must file manual returns as per the Board's Instruction No. 11 of Circular No. 794/2004. An offline version of the updated Sermon6i will be released simultaneously with the online modification.
Procedure governing the movement of indigenous goods from a factory of manufacture or warehouse to a unit set up under EOU/EHTP/STP/BTP scheme
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Duty-free movement to export-oriented units requires bond-backed removals with specified documentation, verification, and warehousing safeguards.
Procedure prescribes conditions and steps for duty-free removal of excisable goods from factories or registered warehouses to EOU/EHTP/STP/BTP units under Notification No. 22/2003-CE. Eligible user industries must obtain Form C.T.-3 after declaring licence, goods particulars and bond sufficiency. Consignors must file ARE-3 in quadruplicate and invoice; user industries must verify, warehouse, account and obtain bond officer verification. Non-receipt of warehousing certificate invokes reminders and possible recovery of duty; user industries must maintain registers and file monthly E.R.-2 returns.
Export Warehousing- extension of facility in Sholinghur in the district of Vellore in the state of Tamilnadu
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Export warehousing extension: Sholinghur added to permitted locations, enabling registration of export warehouses and facilitating trade.
Extension of the export warehousing facility to Sholinghur, Vellore district, Tamilnadu by amending paragraph 2(2) of the Board's circular under the Central Excise Rules, 2002 to include Sholinghur in the list of places where warehouses for excisable goods for export may be established and registered; trade and field formations are to be informed, receipt acknowledged, and a Hindi version issued.
09/2007 - 26-04-2007 Central Excise
Temporary Accounting of Collection of-Secondary and Higher Education Cess.
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Secondary and Higher Education Cess accounting treated as Receipt Awaiting Transfer until new heads are opened.
A one percent Secondary and Higher Education Cess on excisable goods, imports and taxable services is to be provisionally deposited and accounted under the Receipt Awaiting Transfer (RAT) minor head within existing major revenue heads for customs, union excise duty and service tax pending opening of permanent Heads of Accounts by the Controller General of Accounts; amounts held under RAT will be transferred to the new heads when they are opened.
849/2007 - 19-04-2007 Central Excise
Guidelines in respect of publication of names under section 37E of the Central Excise Act, 1944
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Publication of names under section 37E sets thresholds and procedural safeguards for public disclosure in excise offence cases.
Publication of names under section 37E empowers the Central Government to disclose assessees' names and particulars of proceedings when necessary in the public interest, with safeguards preventing publication of penalty particulars until appeal opportunities are exhausted, and allows naming officials of associations where justified. Guidelines set duty-liability thresholds, require material evidence of fraud, collusion, wilful misstatement or suppression with intent to evade duty, mandate routing proposals through jurisdictional and central review bodies, committee recommendation to Member (Central Excise) within 30 days, and final Central Government authorisation before media publication.
848/2007 - 18-04-2007 Central Excise
Withdrawal of circulars 44/89-CX.3 dated 19.7.1989 and 56/89-CX.3 dated 21.9.1989
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Excise duty treatment of ammonium nitrate: prior circulars withdrawn and tribunal precedents accepted to ensure uniform application.
Board accepts the larger Bench finding that ammonium nitrate processed from crude lumps, damaged CAN or melt into fine powder/crystalline form meets the tests of manufacture and marketability and is liable to central excise; it therefore withdraws Circulars Nos. 44/89-CX.3 and 56/89-CX.3 as inconsistent with that settled position, directs field formations and trade to be informed, and requires pending disputes to be decided accordingly.
Rebate on goods manufactured in North East etc., and subsequently exported under rule 18 of the Central Excise Rules, 2002 –reg
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Rebate on exported goods: manufacturers outside notified areas can claim rebate where duty paid using CENVAT credit is not refunded.
Manufacturers located outside notified special areas may utilise CENVAT credit on inputs sourced from those areas to pay excise duty on goods cleared for export and are eligible to claim rebate under rule 18, because they actually pay the duty and do not receive refund of that portion; the Board's prior clarification excluding refunded duty from the term "duty paid" does not apply to such manufacturers.
Collection of Education Cess-Secondary & Higher Education Cess Manually
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Secondary and Higher Education cess collection: require separate challan entries and note account code pending allocation.
A new Secondary and Higher Education Cess was introduced but the head of account is not yet opened; pending its finalisation, amounts collected manually must be shown separately on challans as Education Cess and Secondary and Higher Education Cess, and the Secondary and Higher Education Cess entry should state that the account code is yet to be allotted.
21/2007 - 29-03-2007 Central Excise
Secondary & Higher Education Cess on Excisable goods
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Secondary and Higher Education Cess remittance routed to designated heads of account for proper excise receipt accounting.
Cess on excisable goods is to be remitted to designated Heads of Account: the Customs, Union Excise Duties and Service Tax major heads, each recorded under "Receipts Awaiting Transfer to other Minor Heads," prescribing the accounting mapping and remittance pathway for the Secondary and Higher Education Cess.
Refund of unutilized credit of Additional duty of excise (T&TA) and its admissibility under Rule 5 of CENVAT Credit Rules by application of Board Circular No.701/17/2003-CX dated 12.3.2003
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Refundability of additional excise duty credit: unutilized AED(T&TA) refundable on exports under CENVAT Rule 5, subject to conditions.
Unutilized accumulated credit of Additional Excise Duty for Transportation and Trade Advertisement (AED (T&TA)) can be claimed as refund under Rule 5 of the CENVAT Credit Rules on export of goods. CENVAT credit of specified duties on inputs is admissible when inputs are used in manufacture of excisable goods other than exempted goods; taking of AED (T&TA) credit is permitted though its utilization is restricted to payment of AED, and Board Circular No.701/17/2003-CX on AED (GSI) applies to AED (T&TA) subject to the Rules' conditions and limitations.
Instructions regarding automobile cess
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Rebate of automobile cess on exports denied where export notification excludes cess; rebate follows export duty rules.
Rebate of automobile cess on exported goods is not available unless the export rebate notification's Explanation expressly includes the cess within the definition of duty. The rebate regime for exports is governed by the rule permitting rebate by notification and the specific export notification, so a general provision in the Automobile Cess Rules cannot be used to grant rebate for cess excluded by that notification. Exports under bond remain subject to payment of applicable cess unless an exemption notification applies.
Booking of Education Cess - Regarding discrepancy
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Education cess segregation: mandate to classify tax and cess separately in challans to ensure accurate accounting and reporting.
Underreported Education Cess has arisen from challans lacking separate duty and cess breakdowns, notably in customs. Tax assistants must compute and classify tax and cess separately-especially where PLA is operated-before forwarding consolidated challans to PAOs. The department must ensure correct classification of excise, service tax and customs cess amounts for reporting to the central accounting authority and for transfer to the primary education fund.
IV cannulas –availablity of exemption under notification No. 6/2006 dated 1.3.2006
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Exemption scope for medical devices clarified: IV cannulas used in peripheral vessels are not covered by the exemption.
The Board clarifies that IV cannulas, primarily used in peripheral veins and arteries and differing anatomically and functionally from cannulae for the aorta, venae cavae and intra corporal spaces, are not covered by the notification description and therefore are not eligible for the exemption under the excise notification.
EXPLANATORY NOTES (CENTRAL EXCISE)-Budget 2007
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Education cess on excisable goods increased; Cenvat credit allowed for the new cess and payment rules clarified.
A Secondary and Higher Education Cess is imposed on excisable goods in addition to the existing education cess, collectible immediately and calculated on aggregate excise duties excluding both cesses. Cenvat Credit Rules are amended to allow credit of the new cess, usable only for payment of the Education Cess or the Secondary and Higher Education Cess. The SSI full exemption threshold is increased effective 1 April 2007, and multiple tariff and notification amendments adjust excise rates, exemptions and MRP abatement across various product chapters.
Salient features of changes in excise and customs duties
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Education cess expanded to fund secondary and higher education, added to customs, excise and service tax collections.
A new Secondary and Higher Education Cess is imposed on the aggregate duties of customs, excise and service tax with calculation methodology aligned to the existing education cess and limited CENVAT credit allowed for inputs and capital goods. Customs and excise schedules are revised: export duties on specified ores are introduced; peak customs rates and numerous sectoral tariffs are adjusted; targeted exemptions and withdrawals are prescribed. Central excise introduces exemptions, reduced and restructured rates, RSP based assessment extension to specified electronic items, changes to cement taxation, and amendments to valuation and CENVAT rules, while settlement, refund and procedural provisions are tightened and reporting requirements to monitor revenue and price behaviour are mandated.
Requirement of filing declaration by the producers/manufacturers of hand made unbranded biris (other than paper rolled biris)-reg
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Declaration requirement for manufacturers of handmade unbranded biris secures excise exemption; undeclared products remain dutiable.
Manufacturers of handmade unbranded biris (other than paper rolled) must file an annual declaration to claim an excise duty exemption; the declaration must include name, address, manufacturing process, prior year quantity, and job worker details in the prescribed format. Excise remains payable on branded biris and on unbranded biris not covered by the declaration. Only final packing/manufacturing principals must file; job workers on a job work basis are excluded. Verification visits are not to be made solely because a declaration was filed, though the Commissioner may authorize inquiry on credible intelligence of false declarations.
06/2007 - 27-02-2007 Central Excise
Information about the functioning of the Authority of Advance Rulings (Central Excise, Customs and Service Tax) – reg.
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Advance Rulings authority issues binding determinations on central excise, customs and service tax providing legal certainty to taxpayers.
The Authority for Advance Rulings, a high level quasi judicial body headed by a retired Supreme Court judge, is empowered to issue binding rulings on specified questions under Central Excise, Customs and Service Tax law; statutory provisions, procedures, regulations and rulings are available on the Authority's website and trade and industry are advised to consult that site to familiarise themselves with the Advance Rulings scheme.

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