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    Exciseability and classification of Cotton Linters after processing - Whether classifiable under Heading 1401 or 4701
    Exemption of excise duty on Galvanised Iron Buckets in terms of Notification No. 181/88-C.E., dated 13-5-1988 - Clarification - Regarding
    CE-MMSF - Fixing of percentage of waste for Polyester Staple Fibre Industry - Regarding
    Particulars of refund exceeding Rs. 50,000/- and above to Income-Tax Authorities - Intimation regarding
    Whether the supplier of the raw materials or the Job workers would be the actual manufacturer for purposes of exemption under Notification No.175/86 d...
    Central Excise - Classification of 'Cut tobacco' dust arising in the course of separation of dust from sieved cut tobacco through air-pressure, winnow...
    28/90 - 20-07-1990 Central Excise
    Classification of Steel Tubular Poles, commercially known as 'Transmission Poles 'after 1-3-1988 - Whether under sub-heading No. 7306.90 or 7326.90 or...
    Central Excise - Cases relating to cigarette companies - Modalities to be followed in revising Show Cause Notices/demanding lesser amounts of duty tha...
    Modvat - Notional credit under Rule 57B cannot be taken at a later date than the date of taking credit of actual duty at the time of receipts of input...
    Classification of Evaporative type of Air Coolers and its parts
    Central Excise - 'Snuff of tobacco' having added ingredients - Whether classificable under sub-heading 2404.50 or 2404.60/- Clarification regarding
    Dispensing bank guarantee for bonds in respect of procurement of indigenous goods by 100% EOUs - Regarding
    Notification No. 217/86-C.E., dated 2-4-1986 as amended by Notification No. 97/89-C.E., dated 1-3-1989 providing for clearance of goods from one plant...
    Minutes of the Second Tariff-cum-General Conference of Collectors of North Zone Point No. 18 regarding availability of exemption under Notification No...
    Modvat credit on coated abrasives used in the manufacture of flush doors - Minutes of 2nd South Zone Tariff Conference held at Bangalore on 24th & 25t...
    Whether Range Office can be considered as an extension of the Assistant Collector's Office for purposes of filing declaration under Rule 57G
    Central Excise - Excise duty exemption to formulations containing Penicillin + Streptomycin under Notification No. 29/88-C.E., dated 1-3-1988 - Clarif...
    Applicability of Notification No. 202/88-C.E., dated 20-5-1988 as amended to Galvanised - Pipes and Tubes of Iron and Steel made from HR Coils - Clari...
    Classification of Helmet Locking Device / Helmet Security Guard whether under Heading 39.26 or under Heading 83.01 or under Heading 87.14
    Classification of Borewell Compressor Pump whether under heading 8414 as Air Compressor or as a part of pump for liquids under heading 8413 - Classifi...
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    Exciseability and classification of Cotton Linters after processing - Whether classifiable under Heading 1401 or 4701
    Show AI Summary
    Classification of cotton linters depends on whether pulping causes fundamental transformation, altering tariff heading accordingly.
    Classification of cotton linters after processing depends on the method used: raw, cleaned, bleached or rendered absorbent linters remain under Heading 1401, but where linters are subjected to alkaline cooking/digestion (pulping) that solubilises non cellulosic materials and yields a purified cellulose product, they are classifiable as cotton linter pulp under Heading 4701. Processes that do not produce such a fundamental transformation do not attract additional excise beyond the treatment applicable to bleached cotton linters.
    Exemption of excise duty on Galvanised Iron Buckets in terms of Notification No. 181/88-C.E., dated 13-5-1988 - Clarification - Regarding
    Show AI Summary
    Galvanised iron buckets exemption covers buckets made from mild steel sheets, preserving excise-duty relief under relevant notifications.
    The term galvanised iron buckets includes buckets made from mild steel sheets coated with zinc by galvanisation, and use of mild steel sheets and their cuttings in manufacture does not deny entitlement to excise duty exemption under the cited notifications; field formations and trade are to be informed accordingly.
    CE-MMSF - Fixing of percentage of waste for Polyester Staple Fibre Industry - Regarding
    Show AI Summary
    Waste determination for polyester staple fibre: physical verification and sampling govern classification; no fixed waste percentage imposed.
    Waste in polyester staple fibre must be classified by physical verification and sample testing where needed; no statutory percentage is prescribed and the Board advises against fixing any maximum percentage. Each consignment is to be examined on its merits by the assessing officer, and waste cleared after payment of duty in accordance with its classification under the CET.
    Particulars of refund exceeding Rs. 50,000/- and above to Income-Tax Authorities - Intimation regarding
    Show AI Summary
    Reporting of large excise refunds must be made to income tax authorities quarterly, with a copy to supplies oversight.
    Refunds of Central Excise duties above the prescribed threshold must be reported quarterly to the concerned Income Tax authorities, with a copy to the central supplies oversight office; field formations are directed to strictly adhere to this reporting requirement following audit findings of non compliance.
    Whether the supplier of the raw materials or the Job workers would be the actual manufacturer for purposes of exemption under Notification No.175/86 dated 1-3-1986
    Show AI Summary
    Actual manufacturer status turns on principal-to-principal relationship or whether the job worker is a dummy unit.
    Whether the supplier of raw materials or the job worker is the actual manufacturer for exemption under Notification No.175/86 depends on the legal relationship and factual matrix: if the relationship is principal-to-principal the job worker is the actual manufacturer; if the job worker is established as a dummy unit or mere hired labour under the terms of agreement, the raw material supplier will be treated as the manufacturer.
    Central Excise - Classification of 'Cut tobacco' dust arising in the course of separation of dust from sieved cut tobacco through air-pressure, winnowing waste arising in the course of sieving of cut tobacco, ripped tobacco arising out of the ripping of defective cigarettes - Regarding
    Show AI Summary
    Tobacco refuse duty treatment clarified: refuse from cut tobacco received under Chapter X may be cleared without duty.
    Tobacco refuse from cut tobacco, including winnowing waste, is classifiable as tobacco refuse under Heading 24.01 and, when arising from cut tobacco received under the concessional Chapter X procedure, may be cleared without payment of duty. There is no Chapter X provision requiring levy of differential duty on such refuse; disposal remains subject to examination and written permission under Rule 195, and credit taken need not be expunged when non-dutiable tobacco refuse arises.
    28/90 - 20-07-1990 Central Excise
    Classification of Steel Tubular Poles, commercially known as 'Transmission Poles 'after 1-3-1988 - Whether under sub-heading No. 7306.90 or 7326.90 or under 7308.90 - Clarification regarding
    Show AI Summary
    Classification of steel tubular poles as parts of structures leads to their inclusion under the residuary tariff heading for structures.
    Steel tubular poles, made by forming and welding HR coil sections into joined tubular sections that lack a uniform cross section and are further fabricated into identifiable articles for transmission systems, do not qualify as "other tubes and pipes." Applying the Explanatory Notes, such tubular poles are complete or incomplete material structures or parts thereof that generally remain in position once installed, and are therefore classifiable under the residuary heading for structures and parts, specifically sub-heading 7308.90 of the Central Excise Tariff Act, 1985.
    Central Excise - Cases relating to cigarette companies - Modalities to be followed in revising Show Cause Notices/demanding lesser amounts of duty than what is demanded in Show Cause Notices - Instructions regarding
    Show AI Summary
    Determination of lesser excise duty: Assistant Collector may fix duty below SCN amount without formal amendment.
    Following the Attorney General's view that higher slab rates apply where cigarettes were sold above declared prices, prior tariff-rate instructions were superseded and SCNs revised. The Law Ministry clarified that under Section 11A the Assistant Collector may, after considering representations, determine the amount of duty due up to the amount specified in the notice; if the duty due is less, the Assistant Collector may fix the lesser amount without a formal amendment to the SCN. Field formations are to dispose of pending SCNs accordingly.
    Modvat - Notional credit under Rule 57B cannot be taken at a later date than the date of taking credit of actual duty at the time of receipts of inputs
    Show AI Summary
    Notional credit timing under Modvat: notional credit cannot be deferred beyond actual duty credit at input receipt.
    Notional credit under Modvat must be taken no later than the date when actual duty credit was taken on receipt of inputs; in the absence of a specific Modvat provision allowing deferred recognition, the Law Ministry has confirmed the Board's instruction that deferred notional credit is not permissible, and aggrieved assessees may pursue appellate remedies.
    Classification of Evaporative type of Air Coolers and its parts
    Show AI Summary
    Classification of evaporative air coolers: treated as miscellaneous mechanical appliances, attracting the applicable excise tariff.
    Evaporative coolers lack the required temperature-changing elements and only increase humidity; therefore they do not qualify as air conditioning machines and should be classified under the miscellaneous machines tariff provision covering individual-function mechanical appliances. Their component parts not specified elsewhere are similarly classifiable, and such goods attract the standard excise duty applicable to that miscellaneous tariff provision.
    Central Excise - 'Snuff of tobacco' having added ingredients - Whether classificable under sub-heading 2404.50 or 2404.60/- Clarification regarding
    Show AI Summary
    Classification of snuff of tobacco: scented products treated as snuff, not preparations, for tariff classification and assessment.
    Snuff of tobacco to which perfume, scent or menthol has been added retains its character as snuff of tobacco and is classifiable under the snuff tariff heading; the Board agrees with the conference view, directs communication of the clarification to lower formations and trade, and requires finalisation of all pending assessments on this basis.
    Dispensing bank guarantee for bonds in respect of procurement of indigenous goods by 100% EOUs - Regarding
    Show AI Summary
    Bank guarantee waiver: surety bonds accepted for export-oriented units procuring indigenous goods, subject to solvency.
    The Board directed that bank guarantees need not be insisted upon for bonds under the exemption notification for procurement of indigenous goods by export-oriented units, and that surety bonds should be accepted in lieu of bank guarantees subject to the solvency of the surety; field formations are to be advised and a Trade Notice issued.
    Notification No. 217/86-C.E., dated 2-4-1986 as amended by Notification No. 97/89-C.E., dated 1-3-1989 providing for clearance of goods from one plant to another of the same manufacturer without payment of duty under Chapter X procedure - Amendment regarding
    Show AI Summary
    Input credit entitlement limited where intermediates are cleared exempt under Chapter X; paying duty lets Modvat credit be availed.
    The Board confirms that Modvat/input credit is not available where intermediate products are exempted and cleared under Chapter X; alternatively, manufacturers may forego the Chapter X exemption, pay duty on intermediates at clearance and utilise Modvat/input credit for that duty, allowing credit without following the Chapter X procedure, and no amendment to Notification No. 97/89-C.E. is required.
    Minutes of the Second Tariff-cum-General Conference of Collectors of North Zone Point No. 18 regarding availability of exemption under Notification No. 175/86 to SSI units who are not permanently registered - Regarding
    Show AI Summary
    Permanent registration requirement for SSI exemption confirmed; provisional certificates and unendorsed address changes do not qualify.
    Entitlement to exemption under Notification No. 175/86 requires permanent registration with the Small Scale Industries Directorate; provisional certificates do not suffice. A change of factory premises necessitates fresh registration for the exemption to apply, and assessments should remain provisional until correct registration is produced. The Board has accepted these recommendations and pending cases should be decided accordingly.
    Modvat credit on coated abrasives used in the manufacture of flush doors - Minutes of 2nd South Zone Tariff Conference held at Bangalore on 24th & 25th May, 1990
    Show AI Summary
    Modvat credit ineligibility for coated abrasives affirmed; such abrasives deemed producer goods not inputs and credit disallowed.
    Coated abrasives used in the manufacture of flush doors are treated as producer goods rather than inputs and are excluded from Modvat credit; the Board directed that pending cases be decided accordingly and that trade and field formations be informed.
    Whether Range Office can be considered as an extension of the Assistant Collector's Office for purposes of filing declaration under Rule 57G
    Show AI Summary
    Declaration filing under central excise rules: Range office not an extension; prior instruction allowing Range filings for Modvat credit withdrawn.
    The Board withdraws its prior instruction allowing declarations for Modvat credit to be filed with the Range Superintendent, holding that the Range office is not an extension of the Assistant Collector's office for purposes of Rule 57G. In response to audit objections, the Board requires that pending cases be decided in light of this withdrawal and directs that trade and field staff be informed and acknowledge receipt.
    Central Excise - Excise duty exemption to formulations containing Penicillin + Streptomycin under Notification No. 29/88-C.E., dated 1-3-1988 - Clarification regarding
    Show AI Summary
    Excise duty classification for penicillin and streptomycin clarified: streptomycin exempt, penicillin taxable; combined formulations subject to statutory duty.
    Formulations based on bulk drugs listed in the First Schedule to the Drugs (Price Control) Order are exempt under Notification No. 29/88-C.E., while single ingredient formulations from the Second Schedule attract basic excise duty. Streptomycin is exempt as a First Schedule entry; penicillin injections attract basic duty as a Second Schedule entry. Combinations of penicillin and streptomycin fall outside the exemption and must discharge the statutory excise rate; field formations and trade are to be notified and assessments revised or finalised with remedial action advised.
    Applicability of Notification No. 202/88-C.E., dated 20-5-1988 as amended to Galvanised - Pipes and Tubes of Iron and Steel made from HR Coils - Clarification regarding
    Show AI Summary
    Exemption applicability to galvanised pipes and tubes affirmed; benefit extends where initial product was made from hot-rolled coils.
    The exemption under Notification No. 202/88-C.E. applies to galvanised iron and steel pipes and tubes made from hot-rolled coils because these products are first converted from specified HR coil inputs and remain pipes and tubes after galvanisation; galvanisation does not produce a different commodity. Heading 7306.90 does not distinguish galvanised and non-galvanised tubes and pipes, so benefit cannot be denied, pending assessments should be finalised accordingly and field formations and trade informed.
    Classification of Helmet Locking Device / Helmet Security Guard whether under Heading 39.26 or under Heading 83.01 or under Heading 87.14
    Show AI Summary
    Product classification of helmet locking devices confirmed as motor vehicle accessories, not general plastic articles or metal locks.
    The helmet locking device is a predominantly plastic moulding with a fitted metal lock, used specifically as an accessory to two wheelers to hold/lock helmets or briefcases. It is excluded from classification as locks of base metals and from generic plastic articles for general use; it is therefore classifiable under the tariff provision for motor vehicle accessories. The Board accepted this classification and directed finalisation of pending assessments and notification to field formations and trade.
    Classification of Borewell Compressor Pump whether under heading 8414 as Air Compressor or as a part of pump for liquids under heading 8413 - Classification regarding
    Show AI Summary
    Classification of borewell compressor pumps: assembly treated as pump under tariff, compressor alone treated as air compressor.
    The board concluded that the complete borewell compressor pump assembly comprising the compressor with pipes and air distributor used to handle water is classifiable as a pump for liquids under the tariff heading for pumps, whereas the compressor component alone, without the pipes and air distributor, is classifiable as an air compressor under the compressor heading.

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