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    Classification and dutiability of plastic pipes and other plastic items used in the manufacture of Sprinkler Irrigation equipment
    Classification of products claimed to be medicines within he Unani, Siddha and Homeopathic systems of medicine - Clarification
    Determination of assessable value for levy of excise duty where an incentive is provided by the State Govts. in the form of retention of Sales-tax by ...
    Delegation of power to Chief Commissioner under Rule 173H(3)
    Officers to ensure re-warehousing of bonded goods from the port of import to EHTP units
    Exemption under 2/95 requires a certificate from development commissioner. Permission letter issued by Development Commissioner can be treated as cert...
    Embossing and Pleating
    Modvat credit admissible in respect of CVD paid on car packs imported in CKD/SKD condition
    Prescribing the competency of DGAE officers to issue SCN
    Reiteration of instruction in cases of fraudulent availment of modvat credit for action against assessee/officers responsible
    Launching of prosecution for fradulent /deliberate evasion of excise duty
    Monitoring of surprise squad to check modvat misuse by Chief Commissioner
    Strict enforcement of modvat provisions and deterrent punishment against fradulent/wrong availment of modvat credit
    Ready Mix Concrete is an excisable product classifiable under sub-heading 3824.20 whereas "Concrete Mix" manufactured at the site of construction for ...
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380/13/98 - 16-03-1998 Central Excise
Classification and dutiability of plastic pipes and other plastic items used in the manufacture of Sprinkler Irrigation equipment
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Classification of plastic irrigation components: general-use pipes classed as plastic articles, exclusive-use parts classed as equipment parts.
Plastic pipes and tubes that are not solely or principally for sprinkler irrigation are classifiable as articles of plastics under the plastics heading by application of the specificity rule and prior Board guidance. Pipe fittings of general use are classifiable as parts of general use under the appropriate metal or fittings chapters according to composition. Plastic parts modified or shaped exclusively for sprinkler equipment, having no other use, are classifiable as parts of sprinkler irrigation equipment.
379/12/98 - 16-03-1998 Central Excise
Classification of products claimed to be medicines within he Unani, Siddha and Homeopathic systems of medicine - Clarification
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Classification of traditional-system medicines: apply Ayurvedic criteria; alcohol-containing preparations fall outside central excise for taxation.
Products claimed to be medicines in the Unani, Siddha and Homeopathic systems are to be classified by applying the Board's criteria for Ayurvedic medicines mutatis mutandis, using the same compositional and classificatory approach; preparations containing alcohol are excluded from the Central Excise Tariff Act under the relevant chapter notes, and pending disputes/assessments should be settled in accordance with these guidelines.
378/11/98 - 12-03-1998 Central Excise
Determination of assessable value for levy of excise duty where an incentive is provided by the State Govts. in the form of retention of Sales-tax by the manufacturers
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Deductible sales tax: deferred or government-retained sales tax reduces assessable value under central excise law.
Where sales tax is not payable by law (exemption) it cannot be deducted from the wholesale price; however, sales tax that is deferred or treated as payable because a State incentive credits an equivalent amount as payment is considered payable by the assessee and is deductible from the wholesale price for determination of assessable value for central excise duty.
377/10/98 - 20-02-1998 Central Excise
Delegation of power to Chief Commissioner under Rule 173H(3)
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Delegation of power to Chief Commissioner allows permissions under Rule 173H(3) by order subject to specified conditions.
Amendment vests the Chief Commissioner with authority to grant permissions under Rule 173H(3) by special or general order, subject to conditions and limitations specified by the Chief Commissioner, and makes a consequential change to the following sub rule; prior Board guidance inconsistent with this delegation is rescinded.
376/09/98 - 19-02-1998 Central Excise
Officers to ensure re-warehousing of bonded goods from the port of import to EHTP units
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Re-warehousing obligations: expedite transfer of bonded goods to EHTP units and avoid production delays and harassment.
Immediate administrative instruction requiring prompt re-warehousing of bonded goods from ports to EHTP units, recognising necessary formalities but directing field formations to minimise delay, avoid harassment to trade, and enforce accountability including stringent action against erring officers.
375/08/98 - 18-02-1998 Central Excise
Exemption under 2/95 requires a certificate from development commissioner. Permission letter issued by Development Commissioner can be treated as certificate
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Exemption certificate requirement: development commissioner sale permission letters now operate as the required certificate for EOU DTA clearances.
The Development Commissioner's sale permission letter that covers both quantity and value of EOU/FTZ clearances into the Domestic Tariff Area shall be treated as the certificate required under Notification No. 2/95-CE, removing the need for a separate certificate and enabling pending cases to be decided in accordance with this clarification.
Embossing and Pleating
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Manufacture: embossing and pleating of fabrics classified as manufacture for excise, requiring uniform assessment and notices.
The Board concludes embossing and pleating of fabrics amount to manufacture for Central Excise classification. Pleating by mechanical deformation with heat/steam setting and embossing by heated engraved rollers produce lasting, commercially significant changes that make treated fabrics distinct from base fabrics, not merely superficial or transient. Noting analogous treatment of finishing processes such as heat setting, dyeing and printing, the Board directs that embossing and pleating be uniformly assessed as manufacture, while not reopening closed past assessments, and instructs Commissioners to notify trade and officers accordingly.
374/07/98 - 21-01-1998 Central Excise
Modvat credit admissible in respect of CVD paid on car packs imported in CKD/SKD condition
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Modvat credit admissibility confirmed for CVD on CKD/SKD car packs when treated as inputs for manufacture.
MODVAT credit is admissible on the entire countervailing duty paid on CKD/SKD car packs assessed by Customs at the rate for a complete car because Note 6 of Section XVII treats such packs as inputs for manufacture; Central Excise authorities cannot restrict or deny the full MODVAT credit under the MODVAT rules.
373/06/98 - 20-01-1998 Central Excise
Prescribing the competency of DGAE officers to issue SCN
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Competency to issue show-cause notices: designated DGAE officers may issue notices with corresponding adjudicating officers assigned.
Competency to issue show-cause notices in DGAE-investigated cases is vested in specified DGAE ranks, with matched adjudicating authorities: senior officers' notices go to Commissioners, mid-level officers' notices to Additional/Deputy Commissioners, and junior officers' notices to Assistant Commissioners; adjudication competency otherwise remains governed by prior Board circulars and Commissionerate cases follow existing issuance rules.
372/5/98 - 14-01-1998 Central Excise
Reiteration of instruction in cases of fraudulent availment of modvat credit for action against assessee/officers responsible
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Fraudulent tax credit availment: strict enforcement and reporting required; action against assessees and responsible officers.
The Board reiterates that fraudulent availment of Modvat credit necessitates stern action against the assessee and officers responsible; recipients must strictly comply with prior instructions and furnish a compliance report to the Board every six months, and acknowledge receipt of the communication.
371/4/98 - 14-01-1998 Central Excise
Launching of prosecution for fradulent /deliberate evasion of excise duty
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Prosecution for excise duty evasion mandated; Chief Commissioners must personally monitor cases and file quarterly progress reports.
Direction to initiate prosecution for fraudulent or deliberate evasion of excise duty, including wrongful Modvat credit availment, is reiterated; jurisdictional Chief Commissioners must personally monitor such cases and furnish quarterly progress reports on every individual prosecution to the Board, with acknowledgements of the circular.
370/3/98 - 14-01-1998 Central Excise
Monitoring of surprise squad to check modvat misuse by Chief Commissioner
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Modvat verification: Chief Commissioners must monitor surprise squads and submit regular performance reports to the Board.
Chief Commissioners must actively oversee the performance of surprise squads verifying Modvat Credit, monitor squad operations regularly, and submit periodic progress reports to the Board; the circular reiterates prior Board instructions and requests acknowledgement of receipt.
369/2/98 - 14-01-1998 Central Excise
Strict enforcement of modvat provisions and deterrent punishment against fradulent/wrong availment of modvat credit
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Modvat credit misuse requires strict enforcement and deterrent action against wrong claimants and disciplinary steps for negligent officials
Fraudulent availment of MODVAT credit prompted emphasis on enforcing recent Central Excise amendments (including interest and penal provisions) to prevent wrongful credit claims. Authorities are directed to take stringent deterrent action against assessees who unlawfully avail credit and to initiate proceedings against departmental officers found lax in implementing the law, establishing dual accountability to bolster compliance and safeguard the MODVAT mechanism.
368/1/98 - 06-01-1998 Central Excise
Ready Mix Concrete is an excisable product classifiable under sub-heading 3824.20 whereas "Concrete Mix" manufactured at the site of construction for use in construction at such site, is fully exempt vide notification no.4/97-CE dt.1.3.97(Sl.NO.51)
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Classification of Ready Mix Concrete as excisable distinguishes factory premix from exempt site-manufactured concrete for duty purposes.
Ready Mix Concrete, produced in factory-like plants with centralized crushing, automated batching, silo-fed cement, metered water and admixtures and delivered in a plastic condition by transit mixer, is an excisable product classifiable under the Central Excise Tariff, whereas concrete mixed at the construction site by conventional on-site methods for use at that site is exempt under the relevant notification.

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