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Circulars
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Modification in Circular No. 569/6/2001-CX dated 09.02.2001 regarding the Special Procedure for Removal of Liquid Gases-Pass-out System
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Exemption from pre-authentication for removal of liquid gases allowed if internal controls are adequate, subject to withdrawal.
An assessee desirous of exemption from the pre-authentication by the Central Excise Officer may submit a written request to the jurisdictional AC/DC of the Division, who may grant the exemption for a period of time after satisfying that the internal control system followed by the assessee is reasonable and adequate to ensure determination of correct quantity of liquid gases sold to customer, subject to the condition that the permission is liable to be withdrawn in case of misuse of the facility by the assessee.
Oriental Bank of Commerce authorised to collect Central Excise duties and Service Tax through E-Payment
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E-payment authorisation enables a bank to collect central excise and service tax through designated focal branches under RBI procedures.
A commercial bank is authorised to collect Central Excise duties and Service Tax via e-payment for all commissionerates without commissionerate-wise restrictions, subject to EASeR procedures and RBI instructions. Designated Receiving and Focal Point Branches must prepare a consolidated daily main scroll of all e-payment challans, maintain prescribed ordering and grouping for e-PAO data entry, submit daily electronic challan files with specified naming conventions, provide monthly major-head-wise statements, remit funds to RBI, CAS, Nagpur through the bank's link cell within the prescribed settlement timeframe, and comply with RBI's collection and remittance instructions including interest liability for delayed remittances.
Procedure for direct supply by intermediate supplier to the port for export for export by ultimate supplier - reg.
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Direct supply by intermediate supplier: shipping bill in ultimate exporter's name with ARE 1 verification and endorsement required.
Intermediate suppliers may remove goods to the port without payment of duty under bond for export by the ultimate exporter under Advance Authorization or DFIA; goods must be verified, sealed and ARE-1 countersigned by central excise officers, with ARE-1 recording the ultimate exporter and permission/invalidation details, and the Shipping Bill prepared in the ultimate exporter's name with the intermediate supplier endorsed and references to ARE-1 and permission/invalidation letter.
Export of non-excisable goods under self-sealing and self-certification-reg.
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Self-sealing and self-certification extended to non-excisable agricultural exports, subject to port examination under prescribed norms.
The circular extends the facility of self-sealing and self-certification to non-excisable agricultural exports for removal from factories, subject to port of export examination under prescribed risk based norms; consignments under Free Shipping Bills will not be opened routinely except where intelligence suggests mis declaration or concealment.
Budget changes in Excise and Customs-DO of JS(TRU)
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Excise and customs rate restructuring alters duty incidence and procedural rules, affecting textiles, software, petroleum and targeted imports.
Budgetary amendments revise central excise and customs duty frameworks: retain a dual 4%/8% excise structure while restoring higher rates for many items, adjust RSP abatements, reform textile levies and intermediates, provide partial exemption for packaged software (exempting the right-to-use portion subject to service tax), modify automobile and petroleum duties, and enact procedural Cenvat and Central Excise Rules changes. Customs retains peak rates but alters duties on precious metals, capital goods, electronics, drugs, textiles and select raw materials, and introduces legislative changes on refunds for defective imports, advance rulings, condonation of delays, compounding exclusions and retrospective tariff machinery provisions.
Eligibility of exemption Notification No 6/2006-CE to pipe fittings (joints, sleeves, elbow, couplings, etc.) - reg.
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Exemption for pipes not extended to pipe fittings; fittings are separately classified and excluded from notification relief.
The Board concludes that the exemption at Sl. No. 7 of Notification No. 6/2006-CE applies to Pipes as commonly understood and does not extend to pipe fittings (joints, sleeves, elbows, couplings, etc.), because fittings are classified as a separate commodity in the present Tariff and HSN, and a prior Supreme Court decision relied upon by claimants concerned different tariff entries and is therefore inapplicable.
Classification of Coconut Oil packed in small containers
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Product classification: coconut oil in small retail packs treated as hair oil based on retail packaging and use.
The amended Chapter and Section Notes require that goods "put up in packing of a kind sold by retail for such use" be classified under the cosmetics/hair oil heading. Field surveys show packs up to 200 ml are generally sold and displayed as hair oil; therefore coconut oil in containers up to 200 ml shall be classified as cosmetic/hair oil and the 1995 circular is withdrawn.
Notification of "The Cigarettes and Other Tobacco Products (Packaging and Labelling) Rules, 2008" prescribing the manner in which the health warnings shall be displayed on tobacco products with effect from 31.05.2009
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Specified Health Warning requirement: tobacco packaging must display prescribed warnings or excise and customs clearance will be withheld.
The notification mandates that every package of cigarettes and other tobacco products produced, manufactured or imported on or after the effective date must carry the Specified Health Warning, and directs central excise and customs authorities to withhold clearance of any tobacco goods that do not bear the prescribed warnings and requisites; it also authorizes labour and other agencies to inspect smaller beedi units for compliance and clarifies that wholesale or non-consumer packages are excluded from the definition of "package."
Imposition of mandatory penalty equal to duty under Section 11AC even though duty is paid before the issue of Show Cause Notice. Supreme Court's judgement dated 12th May, 2009 in the case of U.O.I Vs. Rajasthan Spinning & Weaving Mills and Commissioner of Customs & Central Excise Vs. Lanco Industri
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Mandatory equal penalty under Section 11AC upheld; must be imposed even if duty paid before show cause notice.
When the statutory conditions for imposition of the equal penalty provision are fulfilled, there is no discretion to reduce or remit the mandatory equal penalty even if the duty has been paid prior to the issue of a show cause notice; the Board has directed circulation of this clarification to field formations, tribunals and courts for consistent application.
Power to condone delay beyond 180 days by High Court in application/appeals filed under Section 35H and 35G of Central Excise Act, 1944 - Larger Bench decision of Supreme Court in the case of Commissioner of Customs & Central Excise Vs. Hongo India Pvt. Ltd. - reg.
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Delay condonation in High Court restricted; statutory limitation governs appeals and references with limited procedural recourse.
The Supreme Court's Larger Bench held that the High Court has no power to condone delay beyond the statutory limitation for a reference application under unamended Section 35H(1) of the Central Excise Act, 1944, and made analogous observations concerning unamended Section 35G appeals. The Board will seek to file a review petition. Under the amended Section 35G, appeals must be filed within the stipulated period, but subsection (9) allows application of the Code of Civil Procedure provisions to High Court appeals. Sections 130 and 130A of the Customs Act are pari materia and require similar treatment.
Manner of Scrutiny of ER1, ER2 and ER3 returns and returns submitted by Dealers by the proper officer - regarding
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Return scrutiny under Central Excise Rules mandates two stage checks, checklist verification and risk based selection for detailed assessment.
Central Excise Rules scrutiny is a mandatory two stage process: a checklist-driven preliminary scrutiny by the Range Superintendent verifying correctness, timeliness and arithmetic accuracy of ER1/ER2/ER3 and dealer returns, and a risk based scrutiny of assessment for returns selected on mini risk parameters. Selection must exclude units under mandatory audit, avoid repeat selection within 12 months, and be limited by administrative capacity. Detailed checklists require recorded observations, signatures, and may trigger audit or anti evasion referrals. ACES automation will systematise scrutiny and selection; until then manual procedures in the Return Scrutiny Manual apply.
Instructions regarding sharing of information between officers of Large Taxpayer Units (LTUs) - Regarding
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Information sharing between tax departments enables LTU officers to access counterpart returns and conduct coordinated audits and assessments.
Departments must exchange taxpayer returns and related records for LTU units and, pending full electronic access, provide electronic copies; officers of each department are to be associated in the other's assessment and audit activities to enable coordinated reviews and reduce duplicative taxpayer interactions, with senior officers required to monitor implementation.
Request for comments of Trade and Industries on the proposal to modify the present abatement rates for products assessed under Section 4A (RSP based assessment).
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RSP based assessment: proposal to reduce abatement rates to align assessable value with actual transaction value, seek industry comments.
A departmental study found that for certain product categories the assessable value under RSP based assessment is lower than transaction value in most cases, prompting a proposal to reduce abatement rates to align RSP based assessable value with transaction value. Trade and industry associations are invited to submit data and documentary evidence of actual transaction values (excluding taxes and duties) or depot invoices for high volume products to support representations; responses and spreadsheets should be sent to designated officials and Chief Commissioners will notify manufacturers.
Monitoring of pendency of appeals - instructions regarding.
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Appeals disposal targets require minimum monthly throughput, cap on prolonged pendency, Quarterly reporting and corrective deficiency notes.
Norms require Commissioners (Appeals) to meet specified monthly disposal expectations, prioritize older appeals, and prevent appeals from remaining pending beyond the prescribed maximum duration; where pendency is low, disposal must meet a minimum proportion of opening balance plus receipts. A revised quarterly report must present opening balance, receipts, disposals, closing balance, age-wise pendency and reasons for overage, and Chief Commissioners must submit a performance analysis by the 10th of the month following the quarter. Commissioners (Appeals) must also forward deficiency notes on non-speaking or defective adjudication orders to the Chief Commissioner and the concerned Commissioner for remedial action.
Export Warehousing- extension of facility to for inclusion of Thiruvallur district in the state of Tamilnadu
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Export warehousing extension now includes Thiruvallur district; Kanpur reinstated in permitted locations for registration under central excise rules
Extension of export warehousing to include Thiruvallur district in Tamilnadu is effected by amendment to paragraph 2(2) of the Board's 2001 circular, adding Thiruvallur to the list of places where warehouses may be established and registered for export warehousing; Kanpur is also reinstated in the list. Trade and field formations are to be informed and administrative steps taken to align registration and compliance with the updated authorised locations.
4/2009 - 20-03-2009 Central Excise
Procedures revised on Accounting Excise Duties
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Major Head-wise remittance required; banks must scroll receipts PAO-wise and produce PAO put-through statements from April first.
Dispense with Commissionerate-wise scrolling for physical collection of Central Excise and Service Tax; require banks to remit and scroll receipts on a PAO-wise and Major Head-wise basis, with link cells and RBI to generate PAO-wise Major Head-wise put-through statements. Scrolls may include receipts from any Commissionerates under the PAO's accounting jurisdiction and existing banking arrangements remain unchanged.
3/2009 - 19-03-2009 Central Excise
Offences and prosecution - Instructions on maintenance of 335-J Register
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Maintenance of 335 J register required to ensure prosecution tracking and mandatory compliance reporting by field formations.
Field formations must maintain the 335 J register with full case details (SCN, adjudication orders, appeals, recovery and prosecution status), ensure monthly verification by Division and Headquarters Preventive/Anti-Evasion officers, record register-related findings in inspection reports, and submit compliance reports to Commissionerate and higher authorities confirming regular update and oversight of registers at Range, Division and Commissionerate levels.
Pre and post audit of abatement orders in terms of Rule 10 of Pan Masala Packing Machine Rules, 2008- clarification regarding
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Abatement orders audit requirement affirmed; treat abatement as refund subject to standard pre and post audits.
Abatement orders under Rule 10 of the Pan Masala Packing Machine Rules are considered to be in the nature of refund and therefore must be subjected to the same administrative sanction, pre-audit and post-audit procedures as established by Board circulars for refund and rebate claims; all such circulars apply mutatis mutandis and field formations must implement and acknowledge the clarification.
Accounting of collection of Service tax and Central Excise duties — Procedures revised
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Major head wise remittance required: banks must adopt PAO-wise scrolling and prepare PAO-wise put-through statements for settlement.
Accounting for physical collection of Central Excise and Service Tax will dispense with Commissionerate-wise scrolling; banks must scroll receipts and remit funds on a PAO-wise and Major Head-wise basis, and prepare PAO-wise and Major Head-wise put-through statements for settlement with RBI and Pay and Accounts Offices, without altering existing banking arrangements.
EASIEST e-payment
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Mandatory e-payment validation requirement centralises non financial checks at NSDL before secure bank payment, improving data integrity.
Payment of Central Excise and Service Tax by larger assessees must be made via internet banking with all non financial validations (assessee code, location code, accounting codes) carried out on the NSDL portal before the taxpayer is forwarded via a secure link to the authorised bank's website for completion of the financial transaction; banks were directed by the Reserve Bank to test and go live, with fourteen banks already linked through NSDL.

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