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    Plastics - Scope of Note 6 to Chapter 39
    Passing of orders in original immediately after completion of personal hearings
    Extension of time-limit for filing D-3 declaration - Regarding
    Classification of grease guns, oil cans and bench oilers
    56/88 - 31-10-1988 Central Excise
    Permission under Rule 57F(2) - Regarding
    Classification of work - Holding Fixture for Press
    59/88 - 27-10-1988 Central Excise
    Permission to avail Modvat credit on inputs used for export production by SSI units simultaneously availing full exemption up to 15 lakhs or 30 lakhs ...
    57/88 - 27-10-1988 Central Excise
    Whether the value of the inputs cleared as such under Rule 57F(1) (ii) on payment of duty is to be included in the aggregate value of clearances for p...
    Central Excise - Classification of Corn Flips (Tizzy Tips) whether under Sub-heading No. 1904.10 or 1904.90 of CET
    50/88 - 17-10-1988 Central Excise
    Admissibility of Modvat credit on Acetone used in the manufacture of Acetylene - Clarification regarding
    22/88 - 17-10-1988 Central Excise
    Excisability of clay biscuit tiles - Regarding
    53/88 - 10-10-1988 Central Excise
    Procedure for removal of petroleum products for flushing purposes under Notification No. 218/84, dated 29-11-1984 as amended
    Central Excise Classification of Single, doubled Yarn, Multiple (folded) and Cabled Yarns whether Fancy or otherwise under Chapters 50 to 55 or 56 or ...
    Payment of base fabrics duty in respect of cotton fabrics removed under Rule 96DD for embroidery - Point regarding
    Central Excise - Notification No. 201/85-C.E., dated 2-9-1985 as amended - Applicability of effective rates - Clarification regarding
    Removal of cops/cones etc. under Rule 96E for conversion into Hank Yarn - Instruction - Regarding
    Modvat - Turnings and borings arising during manufacture of aluminium pistons out of aluminium ingots cannot be permitted to be removed under Rule 57F...
    Classification of tie bars
    52/88 - 03-10-1988 Central Excise
    Modvat credit on tool kits supplied along with motor vehicles - Admissibility regarding
    54/88 - 01-10-1988 Central Excise
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Plastics - Scope of Note 6 to Chapter 39
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Classification scope: polymer solutions and varnishes are classifiable under the plastics chapter, not the polymer chapter.
Note 6 to Chapter 39 applies only to goods within that chapter; solutions of polymers, including varnishes under Heading 32.08, are distinguishable and therefore classifiable under Chapter 32 rather than Chapter 39, so classification under Chapter 39 does not arise and there is no conflict between Note 6 to Chapter 39 and Note 3 to Chapter 32.
76/88-CX.6 - 02-11-1988 Central Excise
Passing of orders in original immediately after completion of personal hearings
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Prompt issuance of original orders after personal hearings to prevent undue delay and repetitive proceedings.
Adjudicating officers must pass orders in original immediately after completion of personal hearings, and in any event within one week, to prevent injustice and unnecessary repeat hearings; delays beyond that period will be viewed seriously by the Board and field formations must ensure compliance.
75/88-CX.6 - 02-11-1988 Central Excise
Extension of time-limit for filing D-3 declaration - Regarding
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Condonation of delay for D-3 filing permits short administrative extensions to accept late declarations.
Collectors are empowered to condone delays in filing D-3 declaration where filing is required by statute or executive instruction, applying a uniform short maximum period; amendments to specified rules extend this condonation power and prior relaxations are to be conformed to the same limited discretionary framework, with earlier instructions superseded and field formations to be informed.
24/88-CX.4 - 02-11-1988 Central Excise
Classification of grease guns, oil cans and bench oilers
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Tariff classification: grease guns and oil cans treated as other tools, not mechanical spraying appliances from 1-3-1988.
Grease guns, oil cans and bench oilers do not conform to HSN criteria for machines that project, disperse or spray and are therefore excluded from heading 84.24; they are classifiable as other tools and implements in Chapter 82, under the pre 1 March 1988 tariff subheading in force before that date and under the Chapter 82 provision aligned with HSN from 1 March 1988, a view endorsed by the Board.
56/88 - 31-10-1988 Central Excise
Permission under Rule 57F(2) - Regarding
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Permission under Rule 57F(2) permits blanket removals to the same job worker without consignment wise approvals.
General permission under Rule 57F(2) may be issued to a manufacturer to remove inputs to the same job worker without prior consignment wise permission, but a separate general permission is required for each different job worker; field formations must be informed and a trade notice issued.
Classification of work - Holding Fixture for Press
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Tariff classification: work holding fixtures for presses are to be treated as work holders under the specified tariff heading.
Work Holding Fixtures for presses are to be treated as Work Holders and classified under the specific tariff heading 84.66.20 HSN, and assessing officers are to issue suitable instructions to ensure uniform assessment across Custom Houses.
59/88 - 27-10-1988 Central Excise
Permission to avail Modvat credit on inputs used for export production by SSI units simultaneously availing full exemption up to 15 lakhs or 30 lakhs for home consumption - Regarding
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Modvat credit on exported goods' inputs allowed for exempt small scale units, subject to separate accounts and adjustment or refund.
SSI units opting for full exemption on home-consumption clearances may claim Modvat credit on inputs used exclusively in export production, provided they maintain separate accounts from raw material to final product segregating export and home-consumption production; such credit may be applied to duty on similar home-consumption clearances after exemption limits are exceeded or refunded where adjustment is not possible in accordance with the prescribed procedure.
57/88 - 27-10-1988 Central Excise
Whether the value of the inputs cleared as such under Rule 57F(1) (ii) on payment of duty is to be included in the aggregate value of clearances for purposes of Notification No. 175/86 - Clarification regarding
Show AI Summary
Modvat credit inputs exclusion: value of inputs cleared on payment of duty excluded from aggregate clearances.
The value of inputs on which Modvat credit has been taken and which are cleared as such on payment of duty are not to be regarded as goods manufactured by the assessee and therefore should not be included in the aggregate value of clearances for the purposes of the Small Scale Exemption Notification; this clarification is to be circulated to field formations and trade interests with acknowledgement.
27/88-CX.1 - 27-10-1988 Central Excise
Central Excise - Classification of Corn Flips (Tizzy Tips) whether under Sub-heading No. 1904.10 or 1904.90 of CET
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Classification of prepared cereal snacks as prepared food when packed in unit containers and intended for sale.
Corn Flips are manufactured by cooking, drying, tempering, flaking and toasting corn with added ingredients to produce thin flat chips with moisture below 3% that are packed in 40 g unit containers. The product is classifiable under sub-heading No. 1904.10 when it is put up in a unit container and ordinarily intended for sale.
50/88 - 17-10-1988 Central Excise
Admissibility of Modvat credit on Acetone used in the manufacture of Acetylene - Clarification regarding
Show AI Summary
Modvat credit admissibility on acetone used in gas storage and transport affirmed for duty set-off on dissolved acetylene.
Modvat credit is allowable on acetone used to store and transport acetylene because acetone is repeatedly reused as a solvent and has been recognised as an input in the manufacture of acetylene; the credit may be utilised towards payment of duty on dissolved acetylene.
22/88 - 17-10-1988 Central Excise
Excisability of clay biscuit tiles - Regarding
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Excisability of clay biscuit tiles: in process unvitrified biscuit tiles for glazed tile manufacture are not subject to duty.
Unvitrified porous clay biscuit tiles arising in the manufacture of glazed tiles are in process, non marketable items that lack the essential character of finished glazed or commercially used unglazed tiles; they fall conceptually within HSN headings 69.07/69.08 (Central Excise entries 6905/6906) but, being not marketable and used only as feedstock for glazing, are not excisable goods and are not liable to duty.
53/88 - 10-10-1988 Central Excise
Procedure for removal of petroleum products for flushing purposes under Notification No. 218/84, dated 29-11-1984 as amended
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Flushing exemption procedure requires prior Range Officer permission, authenticated tank dip readings and excise duty for losses.
Procedure requires prior application to the jurisdictional Range Officer with pipeline drawings and tank identification for removal of petroleum products for flushing; Range Officer permission is conditional on excise duty liability for losses. Advance intimation is required before removal and before return of contaminated product, with dip readings authenticated by a Central Excise Officer; detailed accounts must be maintained, the deputed officer must report compliance and note any loss, and the refinery/licencee must pay merchant overtime for supervision.
26/88-CX.1 - 10-10-1988 Central Excise
Central Excise Classification of Single, doubled Yarn, Multiple (folded) and Cabled Yarns whether Fancy or otherwise under Chapters 50 to 55 or 56 or 58 of the Central Excise Tariff - Regarding
Show AI Summary
Classification of fancy yarns: single, folded or cabled yarns classifiable under textile chapters unless a core designates special-yarn treatment.
Yarns that meet the HSN definitions of single, multiple (folded) or cabled yarns, including plain or fancy varieties with loops or slubs, are classifiable under Chapters 50-55 based on the predominance of textile material and subject to Section XI and relevant Chapter notes. The Board's instruction of 26-4-1988 applies only to fancy yarns that incorporate a core and does not alter prior guidance that certain doubled or fancy yarns (e.g., fenaplast) remain in Chapter 55, while yarns with a core (e.g., taspa) may be classed under Heading 56.06.
74/88-CX.6 - 07-10-1988 Central Excise
Payment of base fabrics duty in respect of cotton fabrics removed under Rule 96DD for embroidery - Point regarding
Show AI Summary
Base fabrics duty: payable on clearance for home consumption or rebate exports; exempt for exports under bond if complied.
Payment of base fabrics duty for cotton fabrics removed for embroidery is not required at the time compounded embroidered duty is paid before the start of the shift. Base fabrics duty becomes payable only on clearance of the embroidered fabrics for home consumption or on export where rebate is claimed. Exports under bond are exempt from base fabrics duty provided the prescribed export-under-bond procedures are followed. The rebate rate under the notification does not consider duty paid on base fabrics.
26/88-CX.3 - 05-10-1988 Central Excise
Central Excise - Notification No. 201/85-C.E., dated 2-9-1985 as amended - Applicability of effective rates - Clarification regarding
Show AI Summary
Tariff rates apply where declared maximum printed sale price for cigarettes is not bona fide, pending authoritative legal opinion.
If a cigarette package's declared maximum printed sale price is not bona fide, duties are to be levied at tariff rates rather than under the concessional slabs tied to the declared price. Collectors must raise or revise demands at tariff rates on cigarettes sold at prices other than the declared maximum printed sale price, ensure demands are not time-barred by using the statutory limitation provisions, and keep such demands pending until further orders.
72/88-CX.6 - 04-10-1988 Central Excise
Removal of cops/cones etc. under Rule 96E for conversion into Hank Yarn - Instruction - Regarding
Show AI Summary
Rule 96E: removal of cops/cones for conversion into hank yarn may continue under bond, subject to duty if conversion is manufacture.
The Board directs that removal of cops/cones under bond for conversion into hanks may continue under Rule 96E, recognising that if the conversion process legally amounts to manufacture duty on cops/cones would be chargeable in addition to the exempt hanks; meanwhile demands may be raised and kept pending until a final decision is communicated.
Modvat - Turnings and borings arising during manufacture of aluminium pistons out of aluminium ingots cannot be permitted to be removed under Rule 57F(2) without payment of duty
Show AI Summary
Removal under Rule 57F(2): turnings and borings from piston manufacture require duty payment; duty-free removal prohibited.
Turnings and borings arising during manufacture of aluminium pistons out of duty-paid aluminium ingots cannot be removed under Rule 57F(2) without payment of duty because they are neither inputs as such nor partially processed inputs. Ingots produced from these residues are chargeable to duty, though duty paid on such ingots may be used as credit for pistons. The practice of permitting duty-free removal must cease and recovery action taken where duty has not been paid.
Classification of tie bars
Show AI Summary
Tariff classification change re tie bars shifts their subheading, affecting excise treatment and pending appeals.
Tie bars used as parts of CST-9 sleepers are classifiable under sub heading 7302.10 prior to 1-3-1988 and under sub heading 7302.20 with effect from 1-3-1988, the distinction resting on their use as components of railway sleepers; officers are directed to take necessary action on appeals before the Collector (Appeals) accordingly.
52/88 - 03-10-1988 Central Excise
Modvat credit on tool kits supplied along with motor vehicles - Admissibility regarding
Show AI Summary
Modvat credit on tool kits supplied with motor vehicles not admissible; earlier credits must be recovered under Rule 57A.
Tool kits supplied with motor vehicles are excluded from the definition of inputs and hence are not eligible for Modvat credit under the explanation to Rule 57A; any Modvat credit wrongly allowed on such tool kits in the past is to be recovered immediately.
54/88 - 01-10-1988 Central Excise
Central Excise - Provisions of Rules 173H and 173L - Clarification regarding
Show AI Summary
Clearance without duty under Rule 173H is limited to actual quantity obtained; Rule 173L permits full duty refund.
Under Rule 173H, only the actual quantity physically obtained after re-processing of duty paid goods may be cleared without payment of duty; clearance must be limited to the post reprocessing yield. Under Rule 173L, where re-processing amounts to manufacture, the refund of full duty paid on the original consignment is to be made without any deduction for quantities lost during re-processing, as no provision exists for such deductions.

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