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    Consolidation of Reports/Returns sent to PAC Section of the Board & forwarding of list of pending Paras – regarding
    Central Excise - Scheme of compounded levy for payment of duty by Independent textile processors effective from 1st May, 2001
    Excise duty on readymade garments - Changes effective from 1st May, 2001
    Classification of mixture of hydrocarbons -Fluoron-11 and Fluoron-12
    Interpretation of Heading 21 of the second schedule of the Customs Tariff Act, 1975 — Scope and meaning of the term ‘Animal Feed’ —Question re...
    Issue of Notification under Section 11C of the Central Excise Act, 1944 in respect of Bulk Drugs, formulations and specified drug intermediates for th...
    Settlement Commission — Procedure for dealing with applications for settlement of cases
    Errata for "Memorandum explaining the provisions in the Finance Bill, 2001"
    Readymade garments - Excise duty on registered brand name - Clarifications
    CE - Exemption on waste & scrap/trimming waste being recycled and used captively for manufacture of paper & paperboard - Clarification reg.
    Central Excise, Customs & Service Tax – Budget proposals for 2001-2002
    Central Excise & Customs – Disposal of refund/rebate claims where application is pending at appellate level – Instructions – Regarding
    Central Excise – Action for ensuring timely payment of dues under Fortnightly Payment System and also immediate action for recoveries in cases of de...
    Clarification on issue relating to input duty Cenvat credit admissibility for goods exempted by Notification No. 2/2001-Central Excise dated 27-1-2001
    CE-Whether drawing of wire from wire rod amounts to manufacture under section 2(f) of Central Excise Act, 1944.
    Pass-Out System- Special Procedure for clearance of the liquid gases Regarding
    Central Excise - Amendment of Central Excise Rules, 1944 for dispensing with pre-Budget Day and Budget Day restrictions - Other instructions regarding...
    Pendency of court cases – observations of the Commission on Review of Administrative Laws – Regarding – Reference from Ministry of Law, Justice ...
    Imposition of Additional Excise duty (under Goods of Special Importance Act, 1957) on tyre cord fabrics falling under Chapter 59.02-Clarification-Rega...
    Central Excise – Notification No.1/2001-Central Excise (N.T.) dated 11th January, 2001 amending provisions relating to Payment of duty on fortnightl...
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Consolidation of Reports/Returns sent to PAC Section of the Board & forwarding of list of pending Paras – regarding
Show AI Summary
Consolidation of Audit Reports streamlines ATN reporting and focuses monthly returns on listed pending audit paras.
The Board mandates consolidation of recurring ATN and related returns: combine the thirteen routine ATN returns into one monthly report; discontinue nine specified reports to PAC(CX 7) while continuing transmission to other formations; and retain the monitoring report on Audit objections with an increased monetary threshold. Proforma I is reconfigured as a single monthly ATN covering only DAPs converted to Audit Paras with corresponding AP numbers; Proforma II remains quarterly until the subsequent Audit Report is received. Commissioners must submit monthly ATNs only for Paras listed in the enclosed pendency annexure and prioritize adjudication where Ministry has admitted objections.
Central Excise - Scheme of compounded levy for payment of duty by Independent textile processors effective from 1st May, 2001
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Compounded levy scheme enables optional duty payment by eligible independent textile processors, with fixed liability and restricted abatements.
The optional compounded levy scheme for independent textile processors using hot air stenters requires eligibility based on the higher original value of plant and machinery as on two reference dates, certified by a chartered or cost accountant and applied for to the Commissioner by the prescribed deadline. Duty is fixed by reference to the higher number of stenters or chambers on those dates; later additions increase liability from their date of addition while removals or non-use do not reduce liability. Abatement is available only for full factory closure subject to procedural requirements. Payment timing follows a two-part monthly schedule and processors admitted are bound for the remainder of the financial year.
Excise duty on readymade garments - Changes effective from 1st May, 2001
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Excise duty on readymade garments now uniform; merchant-manufacturer bears liability with SSI exemption and deemed credit option available.
Excise duty on readymade garments is restructured to impose liability on the merchant manufacturer in job-work arrangements, who must register at the private storeroom/warehouse, discharge duty at removal from that registered premises, and comply with Central Excise rules. The merchant manufacturer may authorize a job-worker in writing to pay duty and must either claim actual CENVAT credit on inputs supplied to job-workers or, where infeasible, claim a deemed credit; the two credit options are mutually exclusive. SSI exemption and tariff valuation based on retail price are also provided.
Classification of mixture of hydrocarbons -Fluoron-11 and Fluoron-12
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Classification of halogenated hydrocarbon mixtures: Fluoron 11 and Fluoron 12 treated as chloro fluoro methane derivatives.
The mixture of Fluoron 11 and Fluoron 12 consists of separate chemically defined halogenated hydrocarbons and, absent chemical change on mixing, falls within chapter 29's scope. Chapter 29 note 1(a) and Rule 3(b) support treating mixtures of separate chemically defined compounds according to the component giving essential character, and Rule 3(a) favours the specific description. Accordingly, the mixture is classifiable as chloro fluoro methane derivatives under heading 2903.10, and pending disputes should be settled on that basis.
Interpretation of Heading 21 of the second schedule of the Customs Tariff Act, 1975 — Scope and meaning of the term ‘Animal Feed’ —Question req.
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Scope of Animal Feed - oil cakes and rice bran not classifiable under Heading twenty-one, affecting tariff application.
The dispute concerned whether de-oiled rice bran and similar oil-seed and cereal by-products qualify as animal feed under Heading 21 of the Second Schedule of the Customs Tariff Act. The Tribunal held such products were ingredients, not animal feed, and a higher forum affirmed that oil cakes and rice bran cannot be characterised as animal feed within Heading 21, clarifying the classification boundary relevant to tariff and export duty application.
Issue of Notification under Section 11C of the Central Excise Act, 1944 in respect of Bulk Drugs, formulations and specified drug intermediates for the period from 6-1-1995 to 8-2-1995 - regarding
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Section 11C invocation denied: duty recovery required for specified drugs during disputed period under excise law.
Invocation of Section 11C for Bulk Drugs, formulations and specified drug intermediates for 6 January 1995 to 8 February 1995 is denied due to absence of a general practice of non-levy; duty payable for the period should therefore be recovered and the Board informed of the recovery, with acknowledgement of receipt.
Settlement Commission — Procedure for dealing with applications for settlement of cases
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Settlement procedure requires sealed annexures, Secretariat registration, Bench admission, and requisition of only relevant records.
Procedure requires applicants to submit an annexure in a sealed cover; the Secretariat registers applications, seeks the jurisdictional Commissioner's report, endorses investigating agencies where applicable, and places matters before a Bench. On admission the sealed cover is opened, orders are issued under the AO's attestation with the Commission seal and serial numbering, and relevant records-distinct from full case files-may be requisitioned; originals need not be sent if certified copies suffice. The Bench may direct limited further investigation by the Commissioner (Investigation) but not suo motu probes; reports and directions are communicated to ensure transparency.
Errata for "Memorandum explaining the provisions in the Finance Bill, 2001"
Show AI Summary
Abolition timing for a customs provision revised, and excise interest applicability corrected to the later removal date.
Correction to the Finance Bill, 2001 memorandum advances the customs provision's effective abolition to be "abolished from 1st March, 2001" and corrects the excise explanatory text to state that interest on warehoused goods at a flat rate applies to removals on or after 16-3-2001, replacing the earlier date.
Readymade garments - Excise duty on registered brand name - Clarifications
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Registered brand name: excise duty applies only if brand is registered in India; foreign registration alone no levy.
Excise duty on Chapter 62 garments applies only where the goods bear or are sold under a brand name registered under the Trade and Merchandise Marks Act, 1958; foreign-only registration does not attract the levy. Export consignments bearing brands not registered in India must not be detained and AR 4A or other excise formalities should not be insisted upon unless the brand is registered in India; exports of registered branded goods should be cleared without delay.
CE - Exemption on waste & scrap/trimming waste being recycled and used captively for manufacture of paper & paperboard - Clarification reg.
Show AI Summary
Exemption on recycled waste paper applies where waste and paper-broke from non conventional raw material is recycled and used captively.
Notification No. 10/96-C.E. applies to waste paper and paper-broke arising in the course of manufacture of paper using non conventional raw material when such waste is recycled and used captively for manufacture of paper and paperboard.
Central Excise, Customs & Service Tax – Budget proposals for 2001-2002
Show AI Summary
Excise rate convergence simplifies duty structure and introduces new levies on tobacco and branded garments, affecting CENVAT and exemptions.
The budget consolidates multiple special excise rates into a single ad valorem rate, imposes a new National Calamity Contingent Duty on specified tobacco and related products, extends excise to branded readymade garments while withdrawing SSI exemptions for certain commodities, and preserves transitional CENVAT credit subject to the CENVAT Rules. Service tax coverage is expanded to include new categories, coupled with introduction of a self-assessment scheme and limits on officer levels for original orders. Customs changes include abolition of surcharge, adjustment of peak rates and introduction of CVD on MRP for packaged goods. Procedural reforms modify interest accrual, voluntary payment of short levies, and time-limits for adjudication and appeals.
572/9/2001 - 22-02-2001 Central Excise
Central Excise & Customs – Disposal of refund/rebate claims where application is pending at appellate level – Instructions – Regarding
Show AI Summary
Appeals and stays: Department must seek urgent apex judicial stay before releasing refunds or seized goods.
Where an adverse higher court order implicates substantial refunds or release of seized goods, Commissioners must promptly send considered grounds and papers to the Board to enable filing of a stay application or Special Leave Petition and justify any urgent out of turn mentioning. No unilateral release of goods or refunds should occur where filing of a stay has been decided; refund processing must proceed in parallel with scrutiny for unjust enrichment and claims lacking entitlement may be denied irrespective of pending appeals.
571/8/2001 - 22-02-2001 Central Excise
Central Excise – Action for ensuring timely payment of dues under Fortnightly Payment System and also immediate action for recoveries in cases of defaults – Instructions regarding
Show AI Summary
Duty payment compliance: strengthened administrative monitoring to detect defaults promptly and initiate recovery measures including forfeiture of instalments and prosecution.
The circular requires Sector, Range and Divisional officers to scrutinise RT-12 returns on receipt, detect and endorse payment defaults immediately, direct assessees to pay dues forthwith, prepare daily lists of defaults, and escalate to Divisional Officers within two working days. Where dues remain unpaid after a fortnight, officers must initiate recovery proceedings, enforce forfeiture of instalment payments with consignments discharged only from account current, pursue recovery with interest, and ensure monthly monitoring by Commissioners.
Clarification on issue relating to input duty Cenvat credit admissibility for goods exempted by Notification No. 2/2001-Central Excise dated 27-1-2001
Show AI Summary
Cenvat credit admissibility clarified: donated goods require segregation of input records; reversing standard percentage not available for donations.
Clarification: under Notification No. 2/2001, manufacturers may not take CENVAT credit for inputs used in the manufacture of exempt final products. For sales to relief agencies funded by cash donations, a manufacturer must either maintain separate accounts for inputs used in dutiable and exempt goods and claim credit only for dutiable usage, or, absent separate accounts, pay either the input-attributable CENVAT amount for specified goods or eight per cent of the total price for other exempted goods at clearance. For direct donations (no sale), the manufacturer cannot reverse the standard percentage and must maintain separate records and not claim credit for inputs used in exempt goods.
570/7/2001 - 16-02-2001 Central Excise
CE-Whether drawing of wire from wire rod amounts to manufacture under section 2(f) of Central Excise Act, 1944.
Show AI Summary
Manufacture defined: drawing wire from wire rod qualifies as manufacture under central excise due to revised tariff classification.
The Board holds that drawing wire from wire rods amounts to manufacture under section 2(f) of the Central Excise Act. This conclusion rests on post-1988 tariff definitions that distinguish wires from rods, treating them as separate commodities; conversion of wire rods into wires therefore creates a new excisable product. Earlier appellate findings based on pre-HSN definitions do not prevail under the revised classification, and field formations and trade are to be informed of this position.
569/6/2001 - 09-02-2001 Central Excise
Pass-Out System- Special Procedure for clearance of the liquid gases Regarding
Show AI Summary
Pass-Out System for liquid gases allows provisional clearance with post-delivery duty determination and strict recordkeeping.
Pass-Out System allows removal of liquid gases in tanker lorries on provisional central excise duty and provisional entry in the Daily Stock Account at clearance, subject to a written request and undertaking. Pre authenticated triplicate Pass-Out documents must record net quantity and provisional duty; customer signatures are required on delivery. Provisional entries are converted to final entries after tanker return or by next morning, invoices/A.R.3A are prepared post return, and duty on transit or storage losses is payable by the assessee at the highest effective rate, with discrepancies recorded in the Daily Stock Account.
568/5/2001 - 05-02-2001 Central Excise
Central Excise - Amendment of Central Excise Rules, 1944 for dispensing with pre-Budget Day and Budget Day restrictions - Other instructions regarding Budget Day
Show AI Summary
Budget Day procedural changes: Commissioners may permit post appointed time excise clearances with application, conditions and duty accounting.
Amendments to the Central Excise Rules define appointed day and appointed time, omit the pre Budget declaration rule and limit physical control to the period from appointed time until midnight, allowing self removal up to the commencement of Budget proceedings. Commissioners, not the Central Government, now grant permissions for clearances after the appointed time; such permissions require written advance applications, specified A.R. forms filed with a designated proper officer, duty undertakings for any enhanced rates, provisional filings for estimated quantities with finalization after the Budget, and Commissioner oversight for accounting and recovery of differential duty.
567/4/2001 - 22-01-2001 Central Excise
Pendency of court cases – observations of the Commission on Review of Administrative Laws – Regarding – Reference from Ministry of Law, Justice & Company Affairs.
Show AI Summary
Restricting Government appeals: require careful consideration before filing and initiate closure procedures for long-pending cases.
Government departments should restrict filing of appeals, especially in revenue matters, by issuing directions that appeals be lodged only after careful consideration and by assigning responsibility for decisions not to file; analogous closure procedures used to terminate long pending criminal cases should be considered for tribunals, adjudicating bodies and revenue disputes. The circular calls for wide publicity of these recommendations and for departments to report action taken to the Board.
566/3/2001 - 22-01-2001 Central Excise
Imposition of Additional Excise duty (under Goods of Special Importance Act, 1957) on tyre cord fabrics falling under Chapter 59.02-Clarification-Regarding
Show AI Summary
Classification of tyre cord fabrics under Heading 59.02 triggers AED liability unless a specific exemption applies.
Processed tyre cord fabrics produced by dipping, coating and calendering with unvulcanised rubber are classifiable under Heading 59.02 and, absent exemption, attracted Additional Excise Duty from 16.3.95 to 1.6.98; subsequent notifications exempting such fabrics applied from 2.6.98 and were later restored w.e.f. 2.9.98, and Board directs field formations to follow this classification.
565/2/2001 - 12-01-2001 Central Excise
Central Excise – Notification No.1/2001-Central Excise (N.T.) dated 11th January, 2001 amending provisions relating to Payment of duty on fortnightly basis - Regarding
Show AI Summary
Forfeiture of instalment payment facility continues until outstanding dues are cleared following debarment under amended rules.
Amendments provide that when a manufacturer is debarred from the fortnightly instalment payment facility, failure to pay all outstanding dues before the end of the debarment period results in continued forfeiture of the facility until full payment; if outstanding dues are paid within the debarment period, the manufacturer may resume the facility only after the debarment period ends.

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