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    Bodies built on duty paid chassis will fall under heading no.87.07 before 25.7.91 After insertion of note 4 (re numbered as note 3) to chapter 87 on 2...
    ‘Phenyl’ marketed as disinfectant would be classifiable under sub-heading no.3808.90
    Clarification regarding drawal of samples at the place of dispatch. Disposal of AR4 will be as per para 5 of the circular no.87/87/94-CX dated 26..12....
    Circular no. 5/83 provides for immediate issue of SCN on CERA objections. But no protective demands should be issued pursuant to audit objections whic...
    Instant tea is liable to cess under section 25 of Tea Act 1953
    Benefit of this notification not to be denied to units using both imported and indigenous raw material so long it is proved that inputs used in the Ma...
    Guidelines for allowing modvat credit when there are minor procedural lapses in declaration /invoice
    Procedure for clearance of goods on budget day and pre budget day
    All preparations for lemonades or other beverages for use in the manufacture of aerated water, generally known as soft drink concentrate/beverage base...
    Monthly statement of revenue receipt received from the Range officers will be reconciled by the Chief Accounts Officer with figures booked by the pay ...
    Assistant Director Cost to be involved in internal audit of large units
    ADC/DC (Audit) to supervise audit of units with annual Revenue exceeding Rs.5 crores or annual modvat credit exceeding Rs. 1 crore
    Central Excise - Inclusion of cost of after sales services during the initial running in period of the vehicle by the dealers to their own buyers in t...
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Circulars
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447/13/99 - 22-03-1999 Central Excise
Bodies built on duty paid chassis will fall under heading no.87.07 before 25.7.91 After insertion of note 4 (re numbered as note 3) to chapter 87 on 25.7.91, such bodies would be classified as per the new chapter note
Show AI Summary
Classification of vehicle bodies on duty paid chassis: post chapter note classification governs treatment of such bodies.
Classification of vehicle bodies built on duty paid chassis: pre insertion of the Chapter 87 note, bodies manufactured on customer supplied chassis were treated under the tariff provision for complete vehicle bodies; after insertion of Note 4 (renumbered Note 3) to Chapter 87, classification for transactions on or after that date is governed by the chapter note, notwithstanding a tribunal interpretation that the note did not alter treatment of chassis fitted with engines and the department's challenge to that interpretation.
446/12/99 - 17-03-1999 Central Excise
‘Phenyl’ marketed as disinfectant would be classifiable under sub-heading no.3808.90
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Classification of disinfectant phenyl as other disinfectants under tariff leads to application of the standard excise duty rate.
Products marketed and commonly used as disinfectant liquids, including 'Phenyl' composed of high boiling tar acid and phenolic compounds, are classifiable as other disinfectants rather than pesticides under the current tariff; the earlier judicial decision was applicable to the old tariff only. Accordingly, such 'Phenyl' should attract the standard central excise duty applicable to other disinfectants, and all pending assessments and disputes should be settled in light of these guidelines.
445/11/99 - 17-03-1999 Central Excise
Clarification regarding drawal of samples at the place of dispatch. Disposal of AR4 will be as per para 5 of the circular no.87/87/94-CX dated 26..12.94 and para 4 of the circular no.81/81/94-CX dated 25.11.94
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Sampling at place of dispatch limited to selective surprise checks; export sampling follows customs guidelines and AR-4 follows self-removal procedure.
Paragraph 7 of the earlier circular on port/place examination is omitted; the Customs Wing circular governs examination of goods cleared on self-certification. Central Excise may draw samples at the place of dispatch only during selective or surprise checks as prescribed; sampling at the place of export follows Customs guidelines. Any conflict with mandatory per-consignment sampling or operational difficulty must be reported to the Board. AR-4 signing and disposal in self-certification cases will follow the self-removal procedure under the specified prior circulars.
444/10/99 - 12-03-1999 Central Excise
Circular no. 5/83 provides for immediate issue of SCN on CERA objections. But no protective demands should be issued pursuant to audit objections which are contrary to section 37B orders
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Protective demands barred where audit objections conflict with board uniformity orders, preventing contradictory levy actions.
Assessing Officers must not raise Protective Demands in response to Accountant General audit objections when those objections conflict with Board orders issued under section 37B; Circular No. 5/83 is modified solely to that extent to preserve uniformity in classification and levy treatment.
443/9/99 - 11-03-1999 Central Excise
Instant tea is liable to cess under section 25 of Tea Act 1953
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Classification of instant tea as tea prompts liability to cess under tea legislation; clarification directs collection and dispute resolution.
Instant tea falls within the Tea Act's definition of tea as commercially known varieties under Section 3(n) and is therefore liable to cess under the Act; levy and collection procedures for tea apply and pending disputes or audit objections should be decided in light of this clarification.
442/8/99 - 04-03-1999 Central Excise
Benefit of this notification not to be denied to units using both imported and indigenous raw material so long it is proved that inputs used in the Manufacture of goods sold in DTA or made from indigenous raw materials
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Exemption eligibility for DTA sales: imported inputs allowed if units prove DTA goods are wholly from indigenous raw materials.
Benefit of Notification No. 8/97-CE may be granted to units using both imported and indigenous raw materials if they satisfy Central Excise authorities that inputs used for goods sold in the DTA were manufactured wholly from indigenous raw materials by maintaining records, permitting physical verification and, where necessary, fixing input output norms via a Cost Accountant; in cases of common inputs, non segregated lines, or indistinguishable products, the benefit should be denied to avoid misuse.
441/7/99 - 23-02-1999 Central Excise
Guidelines for allowing modvat credit when there are minor procedural lapses in declaration /invoice
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Modvat credit relief for minor procedural lapses permitted when duty-paid inputs are used and proper invoice details exist.
The Assistant Commissioner may allow Modvat credit despite minor procedural lapses if satisfied inputs or capital goods have suffered duty and are used or intended for manufacture; the officer must record reasons and make enquiries about duty-paid status at the supplier's end. Before issuing Show Cause Notices for procedural defects, enquiries must confirm invoice contains description, assessable value, and receiving factory/warehouse details and that the requisite declaration is filed; absent satisfaction, normal adjudication follows and pending cases should be disposed accordingly.
440/06/99 - 11-02-1999 Central Excise
Procedure for clearance of goods on budget day and pre budget day
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Budget-day removal restrictions require permission and declarations; Commissioner may grant limited relaxations for specified categories of goods.
Enforcement of Rules 173G(2), 223B and 224 requires suspension of the Self Removal Procedure after the cut-off, mandatory advance applications for Budget Day clearances, and hand-delivered or telegram declarations of last invoice number and closing stock to the Range Superintendent and proper officer; non-compliance invokes penal action under rule 223B. Commissioners may permit provisional applications and grant limited relaxations in specified categories, subject to reporting and Central Government approval, and removals after the Budget Day cutoff require permission and undertakings to pay any enhanced duty.
439/5/99 - 08-02-1999 Central Excise
All preparations for lemonades or other beverages for use in the manufacture of aerated water, generally known as soft drink concentrate/beverage bases, are correctly classifiable under Sub-heading 2108.10
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Classification of soft drink concentrates confirmed under specific tariff sub-heading; apply classification to beverage bases for aerated water.
All preparations for lemonades or other beverages intended for use in the manufacture of aerated water, generally known as soft drink concentrate or beverage bases, are correctly classifiable under the specific tariff entry at sub-heading 2108.10; field formations are to be informed and receipt of the circular acknowledged.
438/4/99 - 05-02-1999 Central Excise
Monthly statement of revenue receipt received from the Range officers will be reconciled by the Chief Accounts Officer with figures booked by the pay and accounts officer in his monthly account
Show AI Summary
Revenue reconciliation: Chief Accounts Officer must reconcile monthly revenue statements with Pay and Accounts Officer bookings.
The Board substituted Paragraph 4.2 to require that the monthly Statement of Revenue Receipts received from Range Officers be reconciled by Chief Accounts Officers with figures booked by the Pay and Accounts Officer in his monthly account, resolving inconsistency about checking original TR 6 challans and confirming originals remain with the PAO.
437/03/99 - 20-01-1999 Central Excise
Assistant Director Cost to be involved in internal audit of large units
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Assistant Director (Cost) involvement in selective audit strengthened; services shareable across commissionerates under zonal allocation.
AD(Cost) officers must be integrated into internal audits under the Selective Audit framework to provide specialist cost accounting expertise for major, multi locational, high value or complex assessees. Where no AD(Cost) is posted, a Commissioner may requisition services through the Chief Commissioner, who will allocate AD(Cost) support in consultation with the posting Commissionerate; AD(Cost) officers should be made available to other Commissionerates in the zone for a minimum of seven working days per month.
436/02/99 - 13-01-1999 Central Excise
ADC/DC (Audit) to supervise audit of units with annual Revenue exceeding Rs.5 crores or annual modvat credit exceeding Rs. 1 crore
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Senior officer supervision of internal audits required for high-risk excise units to ensure direct oversight during audit programmes.
Directs enhanced senior-officer involvement in internal audit of excise units under the Self Assessment and Selective Audit Systems, emphasizing that audits of large or complex factories be conducted with active participation of the Additional/Deputy Commissioner (Audit). Requires Commissioners to ensure that units generating substantial revenue or claiming substantial MODVAT credit are audited under the direct supervision of the Additional/Deputy Commissioner (Audit), and authorizes such officers to visit units with intricate manufacturing complexities.
435/1/99 - 12-01-1999 Central Excise
Central Excise - Inclusion of cost of after sales services during the initial running in period of the vehicle by the dealers to their own buyers in the assessable value of the vehicle - Delhi High Court decision dated 9.9.98 in the case of M/s Hindustan Motors Ltd. v. Union of India
Show AI Summary
Inclusion of after sales service cost: Board circular will not bind adjudicators pending reconsideration and fresh guidance.
A Delhi High Court order directed the Central Board to reconsider its Circular that required inclusion of dealers' provision for PDI and initial after sales services in the assessable value of vehicles, holding that such a circular cannot bind adjudicating authorities where it conflicts with tribunal precedent; until reconsideration and any fresh circular, adjudicating authorities need not follow the impugned Circular, and the Board has filed a special leave petition against the tribunal decision.

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