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    Admissibility of Modvat credit due to change in classification - Modvat meeting held at Bombay on 7-5-1990 - Point No. 13 - Regarding
    Storage of non duty paid goods outside the factory premises - Instructions regarding
    Modvat Meeting held at Hyderabad on 12-7-1990 - Point No. 12 Regarding Modvat credit on disputable items
    Modvat meeting held at Calcutta on 19-9-1990 Minutes on Point No. 3 regarding permission to remove inputs under Rule 57F(2)
    Central Excise- Classification of Ice Cream containing products like biscuits fruits, nuts and cakes etc. whether under Heading No. 2105 or 2107.91 of...
    Classification of heavily sized/bleached cotton fabrics whether under Chapter 59 or 52 of Central Excise Tariff - Clarification Regarding
    Eligibility of Notification No. 76/90-C.E., dated 20-3-1990 for parts of Dry Cell Batteries - Clarification regarding
    C. Ex. - Whether duty should be levied on samples of cigarettes utilised in the factory production for quality control tests - Clarification regarding
    Payment of interest while ordering refund
    Representation from Steel Wire Manufacturers Association - Waiver of duty leviable during 1-8-1980 to 6-4-1981
    Classification of Watch Crystals (glasses) - Clarification regarding
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8/91-CX.8 - 16-02-1991 Central Excise
Admissibility of Modvat credit due to change in classification - Modvat meeting held at Bombay on 7-5-1990 - Point No. 13 - Regarding
Show AI Summary
Modvat credit retrospective claims denied as declarations under Rule 57G lack retrospective effect to prevent misuse.
Retrospective Modvat credit arising from a change in classification or late clarification is not permitted where no timely statutory declaration was filed. The declaration is a verification safeguard to confirm receipt of inputs; conferring retrospective effect would hinder departmental control and risk misutilisation. Judicial authority supports denying retrospective effect to such declarations. Trade and field formations are to be informed of the decision and acknowledgments obtained.
3/91-CX.8 - 15-02-1991 Central Excise
Storage of non duty paid goods outside the factory premises - Instructions regarding
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Storage of non-duty-paid goods: Board retains permission power; fast-track application and forwarding timetable required for approvals.
Power to permit storage of non-duty-paid goods outside factory premises remains with the Board; a fast-track mechanism requires assessees to apply in advance to the Assistant Collector, who forwards within a week specified production, quota and storage-effort particulars to the Collector, who then forwards recommendations to the Board within a week. Base-year production will be used to judge excess production.
4/91-CX.8 - 14-02-1991 Central Excise
Modvat Meeting held at Hyderabad on 12-7-1990 - Point No. 12 Regarding Modvat credit on disputable items
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Modvat credit on disputed inputs can be held pending resolution if unused and undertakings provided to authorities.
Modvat credit on disputed inputs may be retained without issuance of repeated show cause notices if the assessee gives an undertaking that the credit will be recorded only in RG 23A Part I and not utilised until final settlement; the assessee may pay duty to the extent of the disputed credit from the Personal Ledger Account under protest and later adjust the credit once the dispute is resolved, with an expectation that disputes be settled expeditiously.
5/91-CX.8 - 13-02-1991 Central Excise
Modvat meeting held at Calcutta on 19-9-1990 Minutes on Point No. 3 regarding permission to remove inputs under Rule 57F(2)
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Change of job worker permission: no fresh permission required if manufacturer intimates original approval and receives acknowledgment.
No fresh departmental permission is required when a manufacturer changes or adds a job worker for removal of inputs under Rule 57F(2); the manufacturer must intimate the jurisdictional officer with reference to the original permission, and the officer's acknowledgment may be treated as departmental acceptance permitting continuance of removals.
3/91-CX.1 - 06-02-1991 Central Excise
Central Excise- Classification of Ice Cream containing products like biscuits fruits, nuts and cakes etc. whether under Heading No. 2105 or 2107.91 of CET
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Classification of ice cream products: items with biscuits, fruits or cakes treated as ice cream and attract concessional duty.
Frozen desserts incorporating biscuits, cakes, fruits, nuts or similar adjuncts that are marketed and known as ice cream desserts are to be treated as composite articles and classified as Ice Cream under Heading 21.05; such products are eligible for the concessional rate of duty under the applicable notification, following rules of tariff interpretation and market identity.
2/91-CX.1 - 06-02-1991 Central Excise
Classification of heavily sized/bleached cotton fabrics whether under Chapter 59 or 52 of Central Excise Tariff - Clarification Regarding
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Classification of stiffened cotton fabrics: filler stiffened textiles deemed buckram type and classified under stiffened textile heading.
Heavily sized and bleached cotton fabrics stiffened by adding fillers that give them a distinct name, character and use are classifiable as buckram and similar stiffened textile fabrics rather than under the processed cotton fabric headings; the more specific tariff entry for stiffened fabrics governs where the resultant product differs in character and use from the base fabric.
4/91-CX.4 - 31-01-1991 Central Excise
Eligibility of Notification No. 76/90-C.E., dated 20-3-1990 for parts of Dry Cell Batteries - Clarification regarding
Show AI Summary
Exemption scope for parts clarified: dry cell battery parts excluded from notification, pending assessments to be finalised.
Parts such as base-metal battery caps, though classifiable under Heading 8506, are not covered because the Notification does not include the expression "Parts", and therefore such components are ineligible for the exemption; field formations and trade are to be informed and pending assessments finalised accordingly.
1/91-CX. 3 - 04-01-1991 Central Excise
C. Ex. - Whether duty should be levied on samples of cigarettes utilised in the factory production for quality control tests - Clarification regarding
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Excise duty on cigarette samples: in factory quality control withdrawals are chargeable unless expressly exempted.
Samples of cigarettes withdrawn within the factory for quality control testing constitute "removal" under the Central Excise Rules and are chargeable to excise duty unless a specific exemption under the relevant notification applies; the stage at which samples are drawn does not affect excisability.
Payment of interest while ordering refund
Show AI Summary
Interest on excise refunds: collectors must assess refund liability, admissibility and unjust enrichment, and promptly report appeals.
Collectors must actively examine refund claims for departmental liability on the merits, assess admissibility under statutory refund provisions, and determine whether payment would result in unjust enrichment, ensuring a proper defence in court. If a court has ordered interest despite departmental efforts, Collectors must promptly explore appeals and report full facts to the Ministry without delay, in line with prior Board guidance on duty passed on to consumers.
2/91-CX.4 - 02-01-1991 Central Excise
Representation from Steel Wire Manufacturers Association - Waiver of duty leviable during 1-8-1980 to 6-4-1981
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Excise exemption for steel wires: qualification depends on duty paid on inputs, not on intermediate product classification.
Wires made from wire rods traceable to billets that have paid appropriate excise duty qualify for the input exemption; the qualification depends on payment of appropriate duty on the raw or semifinished inputs rather than on the mere classification of intermediate semifinished products, and pending proceedings are to be disposed of in accordance with that ratio.
1/91-CX.4 - 01-01-1991 Central Excise
Classification of Watch Crystals (glasses) - Clarification regarding
Show AI Summary
Classification of watch crystals clarified as clock or watch glass, determining tariff treatment and customs classification consequences.
Watch crystals used as coverings for watches are classifiable as clock or watch glass rather than as other clock or watch parts. Manufactured from mineral crystal blanks by lapping, diamond grinding, surface lapping, heat treatment and polishing to obtain required shapes and hardness, these glasses fall under the tariff heading corresponding to clock or watch glass; the tariff conference recommendation to that effect was accepted by the Board and communicated to field formations and trade.

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