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Exports — Sealing of containerized cargo by one-time Bottle seal
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One-time bottle seal required for all containerized exports; department supplies seals and cost recovery from exporters enforced.
Every container stuffed under Central Excise supervision must bear a one-time bottle seal supplied by the department; the cost will be recovered from exporters or their agents. Bottle seals are available from jurisdictional Range Superintendents on production of payment evidence-payment to be made through designated banks under the Excise Challan with submission of the GAR-7 counterfoil. Manufacturers/exporters opting for self-sealing are not compelled to procure seals only from the department.
Assessment of tyres and tubes with flaps under Section 4A-reg
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Pre-packed goods rules: pre-packed tyres and tubes fall under packaged commodities rules affecting MRP-based assessment.
The Packaged Commodities Rules, 1977 apply to tyres and tubes sold in pre-packed form, which determines their treatment under the MRP-based assessment; whether goods are pre-packed is a factual question to be determined by the proper officer for levy of Central Excise Duty and Additional Duty of Customs.
Excise duty exemption in respect of formulations of Artemisinin-regarding.
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Excise duty exemption for Artemisinin formulations confirmed to cover all derivatives, clarifying scope of the exemption.
Excise duty exemption under notification No. 4/2006-CE (entry no.22, List 1) extends to all formulations of Artemisinin; the entry's wording has caused divergent field practice, but the drafting change to "Arteether or formulation of Artemisinin" was intended to cover all Artemisinin formulations, so the notification's scope is not confined to Arteether and applies to other derivatives and formulations.
6/2008-09 - 02-07-2008 Central Excise
Sub- Compounded levy on Pan Masala and Pan Masala containing tabaccoo – reg.
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Sub-compounded levy on pan masala: notifications circulated for trade guidance and required dissemination among stakeholders.
Notifications 29/2008-Central Excise (N.T.), 30/2008-Central Excise (N.T.) and 42/2008-Central Excise dated 01.07.2008 concerning the sub-compounded levy on pan masala and pan masala containing tobacco are circulated for information, guidance and necessary action, with a directive that trade associations and regional advisory committee members publicise the contents among their members.
Instructions regarding Section 11 DDA of the Central Excise Act, 1944
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Provisional attachment of property to protect revenue during excise proceedings requires prior notice, hearing, and proportional safeguards.
Provisional attachment of property protects revenue during proceedings under Sections 11A or 11D; it may be initiated only after a Show Cause Notice, requires a prescribed proposal to the Commissioner with recorded grounds and source of information, and the Commissioner may serve a notice for submissions and impose a prohibitory condition on alienation. After hearing, the Commissioner may approve attachment and an officer may attach by written order; attachment must be proportionate, inventory recorded, certain property exempt, and private transfers in breach declared void.
Circular No. 625/16/2002 dated 28.02.02 and Circular No. 843/01/2007 dated 17.01.07 regarding assessement under Section 4A
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Applicability of SWM (PC) Rules to assessment under Section 4A clarified; earlier circulars treated as redundant.
The Board, having declined to seek review in the Jayanti Food Processing matter, re-examined applicability of the SWM (PC) Rules, 1977 to assessment under Section 4A and consequently treated Circular No. 843/01/2007 as redundant and the illustrations in paragraphs 3 and 4 of Circular No. 625/16/2002 on bulk sales as redundant; trade and field formations are to be informed and receipt acknowledged.
Appointment of officers of Directorate General of Audit as Central Excise Officers - reg.
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Appointment of Audit Officers as Central Excise Officers empowers consolidated financial scrutiny and head office visits for multi location audits.
Notification No. 28/2008-CE(NT) appoints officers of the Directorate General of Audit as Central Excise Officers of corresponding grade and authorises zonal ADG(Audit) and zonal units to obtain consolidated financial statements from Head/Corporate offices, determine the Head office's role in unit operations, visit Head/Corporate offices for scrutiny, and send staff to registered offices when jurisdictional teams identify verification needs.
Payment of CBEC dues without 15 digit Assessee code
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Placeholder Assessee code allowed where first-time payer lacks code; banks may accept countersigned challans under certification.
Where an assessee lacks a 15 digit Assessee code because the payment is a first-time or one off CBEC remittance, banks may accept GAR-7 challans quoting fifteen 9s as a placeholder provided the challan is examined and countersigned by the concerned Authority of the relevant Commissionerate certifying that the assessee has not applied for the code, is a first-time payer, and is not likely to remit dues in future.
Exemption from Excise duty under the Notification No 108/95 CE dated 28.8.95
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Exemption scope clarified: goods must be permanently incorporated into projects to qualify for excise duty relief.
The exemption from excise duty under Notification No. 108/95 CE (as clarified by Explanation 2) applies only to goods procured with project funds and actually used and consumed in the core project activity, and only where such goods become part of the project on a permanent basis. Goods or equipment purchased independently by contractors that remain with the contractors after project completion and are redeployed commercially do not qualify. The amendment is clarificatory; pending disputes should be resolved accordingly and essentiality certificates must be issued only for goods meeting this permanent-incorporation criterion.
Export Warehousing- extension of facility to Bidadi in the Bangalore Rural District, Karnataka -reg.
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Export warehousing expanded to include Bidadi, enabling registration of export warehouses there under Central Excise Rules.
Export warehousing facility is extended to include Bidadi in the Bangalore Rural District, Karnataka by amending the Board's Circular listing places where warehouses may be established and registered under sub rule (2) of rule 20 of the Central Excise Rules, 2002; the paragraph listing authorised places is revised to insert Bidadi among the enumerated localities, thereby authorising registration of export warehouses there.
Observations of Delhi High Court regarding first proviso to section 11AC
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Penalty reduction option under section 11AC must be stated in adjudication orders so assessees are informed.
The first and second provisos to section 11AC provide a reduced-penalty incentive for prompt payment of duty and interest; because this operates as an option available to the assessee, the Board requires that every adjudication Order-in-Original imposing penalty under section 11AC must mandatorily state the provisions of those provisos so the assessee is informed of the reduced-penalty alternative and the conditions for claiming it.
Rebate on goods manufactured in North East and subsequently exported under the rule 18 of the Central Excise Rules, 2002-reg.
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Rebate on exported goods: duty paid at clearance may be rebated when later refunded under area based exemption.
Rebate of excise duty is available for goods manufactured in the North East exported where duty paid at clearance is subsequently refunded under an area based exemption; the Finance Act, 2008 retrospectively amended relevant Central Excise Rules to provide this alignment and authorities are instructed to decide pending cases accordingly and report their disposal.
Payment of amount under Rule 6 of the CENVAT Credit Rules, 2004 - reg.
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Payment under Rule 6 CENVAT: treated as government payment so Section 11D does not apply; buyer cannot claim CENVAT credit.
Payments made under Rule 6 of the CENVAT Credit Rules that are paid to the Government are not recoverable under Section 11D because they do not constitute duty collected and retained; the payment is to be computed on value as per the Central Excise Act. Such payments are not eligible for CENVAT credit by the buyer and must be shown on the invoice as an amount paid under Rule 6.
Procedure relating to sanction and post-audit of refund/rebate claims-reg.
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Refund sanction procedure: Orders-in-Original, centralised audit cells, and mandatory pre audit or post audit oversight for claims.
The circular mandates issuance of Orders-in-Original for refund/rebate sanctions, separate numbering for these orders, and pre-audit of higher-value claims by Deputy/Assistant Commissioner (Audit) at Commissionerate headquarters with subsequent review by the Commissioner. Mid-range claims must be sanctioned by Deputy/Assistant Commissioners and are subject to compulsory post-audit by Deputy/Assistant Commissioner (Audit) and review. Smaller claims sanctioned in full need not have Orders-in-Original but are subject to random post-audit sampling. All claim papers must be sent to Commissionerate Headquarters within a week and an audit cell must complete audits within two months and maintain O-in-O records.
03/2008 - 14-05-2008 Central Excise
Constitution of Regional Advisory Committee for SSI Sector/ Non-SSI Sector, 100%EOU, Registered dealers & Service Tax Sector for the Block year 2008 & 2009.
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Constitution of Regional Advisory Committee establishes advisory membership, quarterly meetings, and exclusion of individual or judicial matters.
A Regional Advisory Committee for specified excise and service-tax sectors is constituted with the Commissioner as chairman, named trade representatives as members, and the Additional/Joint Commissioner (Technical) as secretary. The committee's functions are advisory, to resolve general difficulties for units within the Vapi Commissionerate; it will meet quarterly, is prohibited from discussing individual or judicial/quasi-judicial matters, and its term is limited to the block period.
Amendments in the CENVAT Credit Rules, 2004 w.e.f. 01.04.08- regarding.
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Cenvat credit apportionment requires a single annual option and excludes credit for exclusively exempted use of inputs.
Cenvat credit is disallowed for inputs and input services used exclusively for exempted outputs, while credit on inputs and input services used for both dutiable and exempted outputs is allowed. Assessees not maintaining separate Cenvat accounts must elect one comprehensive apportionment option for the whole financial year: a percentage-based payment of the value of exempted outputs or payment equal to the attributable Cenvat credit, computed excluding exclusively used inputs and certain excluded input services. Attribution must follow actual consumption supported by records and a professional certificate; export of service without tax is not treated as exempted service and ISDs cannot opt for these schemes.
02/2008-09 - 07-05-2008 Central Excise
Forwarding of Central Excise Notifications.
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Central Excise notifications forwarded for information; trade associations asked to publicize and ensure compliance among members.
The Commissioner forwards specified Central Excise notifications (numbers and dates enclosed) for information, guidance and necessary action; all trade associations, chambers of commerce and Regional Advisory Committee members are requested to publicize this trade notice among their members and constituents. The notice is issued by the Joint Commissioner (Technical), Central Excise & Customs, Vapi, with enclosures and file reference.
01/2008-09 - 28-04-2008 Central Excise
Instructions for unit for filing of declaration under Notification No. 36/2001– reg
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Value-based exemption declaration requirement: manufacturers exceeding aggregate clearances must file the prescribed declaration within a short timeframe.
Manufacturers availing the value based exemption who exceeded the aggregated value of clearances for Home Consumption of 90 Lakhs in the previous financial year must file the prescribed Declaration under Central Excise Notification No. 36/2001; units that have not filed must do so within ten days of the Trade Notice, and Trade Associations are directed to publicise the requirement.
Central Excise - Payment of duty on broken grinding wheels - clarification - regarding.
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Classification by end use: broken grinding wheels to be classified by their marketable end use, no new tariff heading.
No amendment to the Central Excise tariff is required for broken grinding wheels as the tariff aligns with the H.S.N.; such wheels should be classified by their end use into appropriate existing headings where they serve marketable purposes (e.g., polishing, scrubbing). Field formations are to implement this end use classification in assessments and administrative action.
Operationalization of Large Taxpayer at Mumbai.
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Large Taxpayer Unit operationalization centralizes return filing, mandates e-payment, and sets transition protocols for case handling.
The Large Taxpayer Unit, Mumbai, is operational and the Board's prior LTU instructions apply with modifications: March returns filed with former jurisdictional officers, returns from April filed with the LTU; large taxpayers must pay all taxes by e-payment; ER.1 clause deleted due to format change; time-sensitive matters in the initial transition month remain with existing jurisdictional Commissioners then are to be transferred, and for matters requiring action in the following month the jurisdictional Commissionerate must send a D.O. letter detailing cases.

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