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Circulars
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36/87 - 31-08-1987 Central Excise
Issue of L-6 Licence and CT-2 Certificate to O.N.G.C. projects - regarding
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Concessional procurement: prompt issuance of L-6 licences and CT-2 certificates to ONGC projects within required timeframe.
The Board directs that L-6 licence and CT-2 certificate be issued to ONGC project units positively within 48 hours of application to permit inter project transfer of excisable goods procured at concessional rates under Notification No. 473/86 CE, thereby enabling rapid redeployment of materials between simultaneous exploration and exploitation sites.
Central Excise - Approval of wrappers by jurisdictional Collectors of Central Excise under rule 93 of CE Rules, 1944 - Clarification regarding
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Wrapper approval under rule 93(b): approve where factory name, distinguishing mark, L4 number and trade brand present.
The Board clarified that rule 93(b) does not compel wrappers to be exact replicas of packet surface designs; approval requires only identification elements: the factory name or a distinguishing mark enabling origin tracing, the L4 number and the trade brand. Jurisdictional Collectors must not impose additional requirements beyond those expressly prescribed for wrapper approval.
Parts and Accessories of Broadcast Television Receiver sets [Chapter 84]
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Parts and accessories clarification: parts of broadcast television receiver sets qualify for notification benefits after punctuation interpretation.
The phrase "parts and accessories" in Sl. No. 4(iv) of the Annexure to Notification No. 175/86-C.E. refers only to refrigerating and air-conditioning appliances and machinery, not to broadcast television receiver sets; therefore parts and accessories of broadcast television receiver sets are eligible for the benefit of that notification.
32/87 - 14-08-1987 Central Excise
Applicability of rule 49A in respect of exempted fabrics - Instructions regarding
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Payment of duty on yarn at fabric stage permitted for exempted fabrics, subject to interest and procedural conditions.
Rule 49A is an administrative amenity allowing an assessee to pay excise duty on yarn at the fabric stage, along with interest; this facility does not depend on the dutiable character of the fabrics and may be allowed even when yarn is used to manufacture fully exempted cotton fabrics.
Accepting of invoice of Public Sector undertakings in lieu of subsidiary certificate
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Acceptance of PSU invoices as duty documents requires correlation with gate passes before allowing excise credit.
Invoices issued by Public Sector Undertakings may be accepted as duty paying documents for taking Central Excise credit only when each invoice is correlated with the corresponding gate pass; invoices issued by distributors are not acceptable for credit. Collectorates must align local practice to require invoice-gate pass matching as the operative verification step before allowing credit.
Adhesives based on plastics and glues and adhesives other than based on plastics - Exemption under Notification No. 125/87-C.E.
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Adhesive classification: rubber-containing adhesives treated as non-plastic for exemption purposes by guidance, irrespective of resin content.
Applicability of the exemption depends on whether an adhesive is based on plastics or is other than plastics. Adhesives with plastics/resins as the essential ingredient are plastic based; adhesives formulated with an elastomeric rubber as an essential functional ingredient (alongside tackifiers, fillers, plasticizers and curing agents) are rubber based. Per the Explanatory Notes, adhesives containing rubber as a functional ingredient are classified as glues and adhesives other than those based on plastics, regardless of resin content.
Modvat - Tool kit supplied with the vehicle not covered by Modvat credit
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Modvat credit exclusion for vehicle tool kits confirmed; such tool kits are not eligible for input credit.
The circular states that a supplied tool kit is not eligible for Modvat credit under the Modvat Rules, clarifying that tool kits provided with a vehicle fall outside the scope of the Modvat Scheme and cannot be claimed as input credit.
10/87-CX.1 - 29-07-1987 Central Excise
Central Excise - Classification of 'dipped fabrics' - Regarding
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Rubberised textile classification: dipped fabrics treated with latex qualify as rubberised textile fabrics under tariff.
Classification of dipped woven man-made filament fabrics that are heated, stretched and dipped in resorcinol formaldehyde latex depends on tariff heading specificity and material composition; the deposited material is predominantly rubber latex with resorcinol formaldehyde as binder, and, because note 9 to Section XI treats "impregnated" as including "dipped" and a more specific heading applies, the goods properly fall under the rubberised textile fabrics heading.
9/87-CX.1 - 28-07-1987 Central Excise
Classification of Aqua Mineral Bisleri Treated Water under Central Excise Tariff - Regarding
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Classification of treated drinking water as non-excisable preserves municipal water exclusion under excise classification.
The Board examined Aqua Mineral Bisleri Treated Water-subjected to bleaching, filtration, softening and sterilisation-and concluded it remains non-excisable. The decision rests on absence of a specific manufacture provision capturing such treated water, the limited applicability of HSN explanatory notes to excise manufacture, the lack of tariff entries expressly including purified natural water, and the risk that treating these products as excisable would unintentionally cover municipal tap water.
Polyester Films made from Polyester Chips [Chapter 39]
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Concessional excise applicability confirmed for films produced from duty-exempt inputs, treating nil-duty inputs as duty discharged.
The circular clarifies that the expression "duty already paid" encompasses cases where the duty on an input is nil; polyester chips subjected to a nil excise rate are deemed to have discharged leviable duty, and films made from those chips qualify for the notified concessional excise rate of 25% ad valorem.
Central Excise - Credit of Modvat benefit of countervailing duty paid on imported colour picture tubes imported by Public Sector undertaking - Regarding
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Modvat credit acceptance of PSU certificate allows manufacturers to claim input credit for imported colour picture tubes under countervailing duty
Where inputs are canalized by a public sector undertaking, a certificate issued by that undertaking endorsing payment of countervailing duty qualifies as sufficient proof for assessees to claim Modvat credit; gate passes or buyer-end bills of entry should not be insisted upon. This procedure in the Modvat Guide is to be applied to colour picture tubes imported by the specified public sector undertaking so that manufacturers supplied by it may claim input credit on the basis of the undertaking's certificate.
Foundry Grade Iron [Chapter 72, 73]
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Excise exemption for foundry grade iron covers molten form when composition matches exempt variety for clearance.
The excise exemption for foundry grade iron applies to iron with a phosphorous content of 0.2% and above and, because the notification does not require a solid state, the exempted variety includes molten iron of the same composition; administrative reasoning notes energy conservation in clearing molten iron for further manufacture as supporting this interpretation.
Doubts regarding Modvat credit on foundry chemicals used in sand moulds-Reference from CCE, Coimbatore
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Modvat credit denial on foundry chemicals: credit not admissible for chemicals used in sand mould preparation.
The Board addressed whether Modvat credit may be claimed on foundry chemicals like sodium silicate and foundry oils used in preparing sand moulds and stated that such Modvat credit is not admissible, providing administrative guidance to field formations and assessees on the ineligibility of these consumables for input tax credit under the Modvat scheme.
Notification No. 123/81-CE, dated 2-6-1981 as amended - Admissibility of the exemption in the case of High Speed Diesel oil (HSD) used by deep Sea Fishing trawlers approved as 100% EOUs
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Exemption for HSD oil extended to deep sea trawlers acting as floating factories when used in onboard processing for export.
Deep sea fishing trawlers equipped with freezing and processing facilities operate as "floating factories" carrying out cleaning, cutting and canning at sea; HSD is required both for propulsion and for onboard processing. Consequently, HSD used in that context is a necessary consumable used in connection with the manufacture of articles for export, and the exemption for such HSD is allowed for trawlers approved as 100% EOUs, provided all other conditions of the notification are satisfied.
Murabba [Chapter 20 OR 30]
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Classification of Murabba as preserved fruit/vegetable preparation confirms its tariff placement under heading 20.01.
Murabbas are correctly classifiable as preserved food preparations rather than Unani medicaments and therefore fall within heading 20.01 of the Customs Tariff, reflecting their character as preparations of fruits or vegetables whether or not containing added sugar or other sweetening matter.
MODVAT - Clarification regarding credit of duty in respect of Pyrometer tips
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MODVAT credit for consumable pyrometer tips allowed where tips melt in process and qualify as inputs.
The pyrometer tips used to measure molten metal temperature are consumable items that get melted in the process and, as such, satisfy the MODVAT Rules' criterion of inputs; MODVAT credit may therefore be allowed for duty paid on these tips when they are consumed in the manufacture of metals like iron and steel.
Cess on automobiles - Clarification Regarding
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Automobile cess applicability clarified: earthmoving machinery including dumpers is not subject to the automobile cess under classification rules.
Earthmoving machinery, including dumpers, is not chargeable to the automobile cess because it is classified under the First Schedule to the I (D & R) Act rather than the automotive heading relied upon for cess liability; the Ministry of Law advised this view and the Board accepted it, providing an administrative clarification of classification-based tax treatment under the Automobile Cess Rules.
29/87-CX.6 - 08-07-1987 Central Excise
Motor vehicles - Notification of chassis bodies and vehicles under Rule 191(B) - Export thereof under bond - Clarification regarding
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Notification of chassis bodies export under bond clarifies registration, bond obligations, movement permissions and input credit treatment.
Rule 191(B) clarifies that built-up motor vehicles are excluded from small scale exemption while body manufacturers alone may qualify; registration may be granted with a general description of vehicle types and the entire premises may be treated as manufacturing area. Body builders must execute a bond equal to twice the excise duty on chassis obtained in any month, and exporters must execute a bond equal to the duty on the finished vehicle less twice the chassis duty. Movement between body-building sites may be permitted by the Collector and input duties are available as credit or refund.
8/87 - 06-07-1987 Central Excise
Classification of glass fabric reinforced laminates - Regarding
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Classification of glass fabric reinforced laminates affirmed under tariff chapter heading, including when used as insulating materials.
The circular clarifies that glass fabric reinforced laminates are classifiable under Chapter 70 (Heading No. 70.14) of the Central Excise Tariff even when used as insulating materials, explaining that a typographical error in the Notes to Chapter 70 mis-stated the scope by using 'or' instead of 'of' before insulating materials; classification of insulating materials otherwise depends on composition and Collector discretion, and past assessments should be finalised in accordance with this correction.
7/87 - 02-07-1987 Central Excise
Central Excise - Classification of Book Binding cloth under Heading 59.01 or 52.06 - Regarding
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Classification of book binding cloth as amylaceous coated textile supports its tariff placement under the heading for coated book cover fabrics.
Product manufactured by sizing cotton fabric with tapioca and guar flours, inorganic fillers and dyes, then backfilling and calendering; chemical analysis shows fabric plus substantial starch and ash. The HSN Explanatory Note describes plain weave fabrics heavily coated with gum or amylaceous substances used for outer covers of books or the like, and the Board concluded that the specific description is satisfied and that such coated fabrics fall under Heading 59.01 even if they have other end uses.

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