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    Central Excise - Prosecution under the Central Excises and Salt Act 1944 - Clarification regarding
    Production of End-use Certificate in respect of other bulk drugs - Representation from the Drug Manufacturers' Association, Bombay - Regarding
    Amendment in Additional Duties of Excise (Goods of Special Importance) Act, 1957
    Settlement of Disputes between one Govt. Dept. and another and one Govt. Deptt. and a Public Enterprise and one Public Enterprise and another - Regard...
    Remittance of duty under '038' Head of Account of sale of rejects and 25% of production into Domestic Tariff Area by the EPZ/100% EOUs - Regarding
    Bank Guarantee-Realisation of revenue in terms of Bank Guarantee to be effected on receipt of Court's Order - Regarding
    Central Excise - Bright Steel Bars - Eligibility of exemption in terms of provisions of the Notification No. 202/88-C.E., dated 20-5-1988 - Regarding
    Central Excise - Numbering system in respect of Orders issued under Section 37B and other Order/Clarifications - Procedure regarding
    Seizures/prosecutions/recovery cases - Submission of summary of progress report
    Simplification of procedure for payment of excise duty and distribution of liquid gas.
    Procedure for settlement of disputes with Public Sector Undertakings - Regarding
    Central Excise - Galvanisation - Whether it amounts to manufacture or not - Regarding
    Central Excise - Benefit of Notification No. 73/90-C.E., dated 20-3-1990 - Rural Automatic Exchanges - Regarding
    Central Excise - Rules 173G (2) 223B and 224 of the Central Excise Rules, 1944 - Precautions at Budget, 1994 - Instructions regarding
    Classification of Surface Finishing & Electroplating Chemicals - Regarding
    Central Excise - Crediting of excess excise duty on levy sugar realised by Collectors of Central Excise to levy sugar price Equalisation Fund
    Central Excise - Determination of thickness of Laminated Safety Glass - Doubts regarding
    Central Excise - Classification /excisability of various sub-assemblies emerging during the course of manufacture of Television Sets - Regarding
    Central Excise - Whether Stampings and Laminations are parts of PD Pumps in terms of Notification No. 64/86, dated 10-2-1986 as amended - Clarificatio...
    Levy of AED under Finance Act, 1985 on TV sets under Rule 13 of Central Excise Rules - Regarding
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Central Excise - Prosecution under the Central Excises and Salt Act 1944 - Clarification regarding
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Withdrawal of prosecution requires approval by a superior authority; once complaint is filed, judicial decision governs continuation.
Prosecution under the Central Excises and Salt Act, 1944 requires evidence of mens rea before initiation and should be vigorously pursued. If adverse facts emerge after a Principal Collector has approved prosecution but before complaint filing, the Principal Collector may recommend withdrawal to the Board; withdrawal authority must be superior to the approving authority. Where a complaint is already filed, continuation or withdrawal is for judicial determination, and if the court orders withdrawal an Assistant Collector may act after formal Principal Collector authorization. Principal Collectors must closely scrutinize withdrawal requests.
Production of End-use Certificate in respect of other bulk drugs - Representation from the Drug Manufacturers' Association, Bombay - Regarding
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End-use certificate narrowed to specified non-medicinal bulk drugs; certification required only for listed items.
The Board limits the requirement for an end-use certificate for claiming exemption in respect of 'other bulk drugs' to the specific substances listed in Annexure I, because those listed have significant non-medicinal uses; bulk drugs generally used in medicine and those in the DPCO Second Schedule need not be subject to the end-use certificate condition. Field formations and trade are to be notified of this restricted application.
Amendment in Additional Duties of Excise (Goods of Special Importance) Act, 1957
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Application of Central Excise offences and penalties extends to the Additional Duties of Excise Act, effective upon presidential assent.
The amendment provides that provisions of the Central Excise Act and rules relating to offences and penalties shall apply to the Additional Duties of Excise (Goods of Special Importance) Act, 1957, taking effect from the date the Finance Bill receives presidential assent, thereby aligning enforcement and sanctioning under the Additional Duties Act with the Central Excise offences-and-penalties framework.
Settlement of Disputes between one Govt. Dept. and another and one Govt. Deptt. and a Public Enterprise and one Public Enterprise and another - Regarding
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High Power Committee clearance required - appeals may be filed to save limitation but must be referred promptly for suspension.
Before instituting litigation involving Government Departments and Public Sector Undertakings, every endeavour must be made to obtain clearance from the High Power Committee; appeals may be filed to save limitation but where filed without prior clearance the appellant must within one month refer the matter to the Committee and serve prior notice on the Under Secretary (Coordination) in the Cabinet Secretariat. The reference is effective only after lodging that notice, and once made the operation of the challenged order or proceedings is suspended pending the Committee's decision; if unresolved, the Committee must record reasons and grant clearance for litigation.
Remittance of duty under '038' Head of Account of sale of rejects and 25% of production into Domestic Tariff Area by the EPZ/100% EOUs - Regarding
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Excise duty classification: duty on EPZ/EOU rejects and DTA supplies must be credited to Union Excise Duties subhead.
Duty on sale of rejects and on production sold into the Domestic Tariff Area by EPZ and 100% EOUs is chargeable under Section 3 and should be credited to the sub head 0038 Union Excise Duties; trade and field formations are to be informed to ensure uniform accounting and remittance.
Bank Guarantee-Realisation of revenue in terms of Bank Guarantee to be effected on receipt of Court's Order - Regarding
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Bank guarantee realization: effect revenue recovery upon formal court order, prompting banks to honour guarantees per regulatory guidance.
Realisation of revenue under a bank guarantee is to be effected only upon receipt of a Court's order; banks had required certified copies of judgments before honoring guarantees, and a regulatory circular to commercial banks was issued to address compliance and payment procedures under guarantees in such cases.
Central Excise - Bright Steel Bars - Eligibility of exemption in terms of provisions of the Notification No. 202/88-C.E., dated 20-5-1988 - Regarding
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Exemption eligibility for cold finished bright steel bars affirmed, clarifying they qualify for specified central excise relief.
Cold rolled/cold formed/cold finished bars and rods commercially known as bright bars are eligible for benefit under the specified central excise notification. The manufacturing process-acid pickling, surface smoothing, lime neutralization, cold drawing through dies and final polishing/straightening-produces cold finished bright bars and does not amount to disqualifying further working; accordingly those bright bars qualify for the excise exemption.
Central Excise - Numbering system in respect of Orders issued under Section 37B and other Order/Clarifications - Procedure regarding
Show AI Summary
Centralised numbering system standardises excise orders and circulars, requiring CX.3 register, prescribed prefixes and central allocation.
A centralised numbering regime requires all Central Excise Wing instruments to bear sequential multi part numbers (running serial/serial in year/two digit year-CX) with statutory prefixes for orders under specified provisions. CX.3 will maintain a central register and allocate running numbers; no section may issue instruments without a number from CX.3, and copies of numbered instruments must be circulated to concerned formations. Earlier orders have been re numbered for reference to ensure consistency and ease of field reference.
Seizures/prosecutions/recovery cases - Submission of summary of progress report
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Reporting requirement for seizures and prosecutions: mandatory monthly progress reports and a management information system to track recovery.
Require monthly consolidated progress reports on significant seizures, prosecutions and recoveries in Central Excise and Customs to the Director General (Anti Evasion) and through Chairman (CBEC), addressing gaps where seizure and prosecution progress information did not reach decision makers. Establish a reporting requirement and implement a departmental management information system for uniform monthly reporting by field formations to ensure visibility of prosecution and recovery actions and submission of reports to Ministers and the Finance Ministry.
Simplification of procedure for payment of excise duty and distribution of liquid gas.
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Payment of excise duty required prior to clearance of liquified gas; prior permissions to remove without payment must be withdrawn.
Clearances of liquified gas in tanker lorries are prohibited without prior payment of excise duty and any permissions to remove such gases under a passout system must be withdrawn. Suppliers must clear gas only against buyer orders specifying quantities so gate passes can be issued and duties paid in each case before removal, aligning removals with the Central Excise Rules' requirement of duty payment by debit to account current.
Procedure for settlement of disputes with Public Sector Undertakings - Regarding
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Dispute resolution with public sector undertakings via mandated administrative consultations before adjudication, preserving show cause rights.
Procedure requires Assistant/Deputy Collector to send a brief summary to the unit head and Collector, who must meet the unit head to seek negotiation; if unresolved, the Collector forwards facts and discussion report to the Principal Collector, who shall meet senior management to attempt resolution. The process preserves the right to issue a Show Cause Notice within limitation periods and, if consultations fail, allows completion of normal adjudication in accordance with law.
Central Excise - Galvanisation - Whether it amounts to manufacture or not - Regarding
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Galvanisation not manufacture: Board clarifies galvanised pipes and tubes are covered as Tubes and Pipes, not new manufactured goods.
The Central Board clarifies that galvanisation of pipes and tubes does not amount to manufacture under Section 2(f) of the Central Excises and Salt Act, 1944, following Circular 25/90-CX.4 which treated galvanised pipes and tubes as covered by Tubes and Pipes; tribunal and high court decisions have supported that galvanisation is not manufacturing and collectors are to follow this position.
Central Excise - Benefit of Notification No. 73/90-C.E., dated 20-3-1990 - Rural Automatic Exchanges - Regarding
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Concessional duty for Rural Automatic Exchanges clarified: eligible components and certificate requirement for clearance.
Concessionary excise treatment under Notification No. 73/90-C.E. applies to Rural Automatic Exchanges where the manufacturer produces at clearance a certificate from a Department of Telecommunications officer (not below General Manager) that the goods (including quantity and technical specifications) are required for establishment of the rural telecommunication network and will not be used otherwise. RAX includes Base Module, Line Module, Input Output Processor, Alarm Display Unit, Monitor, Software, Documentation, Over Voltage Protection Devices, Spares and Installation materials when cleared together; specified items cleared separately do not qualify.
Central Excise - Rules 173G (2) 223B and 224 of the Central Excise Rules, 1944 - Precautions at Budget, 1994 - Instructions regarding
Show AI Summary
Restrictions on removal of excisable goods: permissions, declarations and provisional applications required for clearances around Budget Day.
Removal of excisable goods after the prescribed hours on the day preceding and on the Budget Day requires prior permissions, undertakings to pay any enhanced duty, and strict observance of the Self Removal Procedure suspension. Assessees must file advance and, where necessary, final applications for clearance, and furnish declarations of last gate pass numbers and closing stock; failure to declare or furnishing incorrect information attracts penal action. Collectors must designate proper officers to receive applications, supervise removals, permit limited provisional applications in specified circumstances, and report any relaxations to the Ministry for approval.
Classification of Surface Finishing & Electroplating Chemicals - Regarding
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Classification of electroplating chemicals: determine by chemical composition, finalise pending assessments, inform field formations and trade.
Classification of surface finishing and electroplating chemicals must be determined by the actual chemical composition of each product; examples given include pickling preparations, polishing compounds, and cleaning preparations containing organic surface active agents. The expert view that no general classification can be given for all formulations has been accepted and pending assessments are to be finalised on this composition based basis, with lower field formations instructed and the trade informed.
Central Excise - Crediting of excess excise duty on levy sugar realised by Collectors of Central Excise to levy sugar price Equalisation Fund
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Excess excise duty on levy sugar must be credited to government accounts and cannot be retained by factories.
Excess excise duty collected on levy sugar - the differential between duty charged to buyers and concessional duty payable by new factories - must be credited to the Government account and cannot be retained by the factories; any refundable portion may be returned only to the person who bore its incidence. Retention is not permissible under the applicable Central Excise amendment and judicial authority, and pending cases should be decided on that basis.
Central Excise - Determination of thickness of Laminated Safety Glass - Doubts regarding
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Measurement of laminated safety glass thickness must follow ISI procedure for nominal thickness and duty classification.
Thickness of laminated safety glass must be measured per IS : 2553 Part I : 1990 applying the method in para 5.1 and Annexure B of IS : 2835-1987 using screw calipers (0.01 mm accuracy) at four specified points; individual readings must fall within the nominal ranges set out in the ISI table. Nominal thickness is determined from the table; purchaser supplier agreed alternate nominals use the range of the immediately lower listed thickness. The same method applies to toughened safety glass.
Central Excise - Classification /excisability of various sub-assemblies emerging during the course of manufacture of Television Sets - Regarding
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Sub-assembly classification: components with the essential character of a television attract television duty if cleared, otherwise duty on final removal.
A sub-assembly possessing the essential characteristics of a television that is cleared as such must bear duty at the rates applicable to finished televisions under the Rules of Interpretation; if the sub-assembly arises and is retained within an integrated factory for captive use in completing the final television, duty is not leviable on the intermediate sub-assembly and is charged when the finished television is removed after further manufacture.
Central Excise - Whether Stampings and Laminations are parts of PD Pumps in terms of Notification No. 64/86, dated 10-2-1986 as amended - Clarification regarding
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Exemption for stampings and laminations allowed when used in motors for power driven pumps; circular withdrawn.
A tribunal held that stampings and laminations used in electric motors, or in rotors or stators of such motors that are incorporated as parts in the manufacture of power driven pumps, qualify for the benefit of Notification No. 64/86. The Board accepted that decision and withdrew the earlier circular which had excluded stampings and laminations classifiable under Chapter 83 from the Notification's exemption.
Levy of AED under Finance Act, 1985 on TV sets under Rule 13 of Central Excise Rules - Regarding
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Levy of AED on television sets affirmed; adjudication of outstanding A.E.D. demands advised under excise rules.
Levy of A.E.D. on television sets under the Finance Act is collectible under Rule 13 of the Central Excise Rules; adjudication proceedings may be initiated on demands for A.E.D. on TV sets since no exemption is being contemplated.

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