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Circulars
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Granite manufacturing units - Formal registration need not be insisted till 1-6-2002
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Excise duty payment extension allows granite manufacturers deferred payment and consolidated RT12 return filing under prescribed deadlines.
Granite manufacturers may defer excise duty payment for clearances made in March-May 2002 and file a single RT 12 return for those clearances by the prescribed consolidated deadline; formal registration of such units need not be insisted upon until 1 June 2002, providing temporary relief from the registration requirement while allowing extended timelines for duty payment and single-return filing.
Granite manufacturing SSI units - To pay duty by 15-6-2002 for clearances made during the period March to May, 2002
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Excise duty deferral for granite manufacturers allowed; payment and consolidated return deadlines extended accordingly under central excise rules.
Granite manufacturing units, having been excluded from SSI exemption, are liable to excise duty on clearances for March-May 2002 but may defer payment until 15th June 2002 instead of fortnightly payments under Rule 8; they may file a single consolidated RT 12 return for March-May 2002 by 10th June 2002.
Payment of excise duty on the goods on which duty was imposed in the Budget of 2002-03 - Regarding
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Excise duty deferral granted for specified budget imposed goods, allowing delayed payment, consolidated returns, and temporary registration relief.
Excise duty was imposed at differing rates contingent on an assessee's choice to opt into the CENVAT credit scheme. For clearances in March-May 2002, the Board permitted deferred payment of duty until 15 June 2002, waived fortnightly payment obligations by inserting Rule 8A in the Central Excise Rules, 2002, allowed a single consolidated RT 12 return for those months to be filed by 10 June 2002, and deferred insistence on formal registration of affected manufacturing units until 1 June 2002.
Export warehousing –Extension of facility in Raigad District in Maharashtra and East Midnapore District in west Bengal-regarding.
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Export warehousing expanded to include additional hinterland districts, easing exporter access under Central Excise rules.
The Board amended the list of permissible locations for export warehouse registration to include Raigad District and East Midnapore District as hinterland areas serving major ports, enabling exporters and warehousing operators in those districts to register and operate export warehouses under the existing export warehousing scheme; field formations are to inform stakeholders, acknowledge receipt, and implement the amendment under the applicable Central Excise framework.
Central Excise, Customs & Service Tax – Budget proposals for 2002-2003
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Excise and Customs Rate Rationalisation expands standard CENVAT coverage and broadens service tax liability across new services.
Finance Bill, 2002 revises excise, customs and service tax frameworks by rationalising ad-valorem excise rates toward a standard CENVAT rate, reallocating items between duty categories, tightening exemptions (notably in textiles and hand-processing), adjusting petrol and HSD duty composition, and reissuing Central Excise and CENVAT Rules. Customs duty peaks and specific tariffs are restructured with targeted increases and reductions, new criteria introduced for certain imports, and administrative powers expanded to clarify exemptions and set tariff values. Service tax is extended to multiple new services and corporate banking providers, with guidance and reporting obligations for administration.
Valuation of goods under Section 4A of the Central Excise Act, 1944 - reg
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Valuation based on statutory MRP requirement: MRP-printed goods follow section 4A, others valued under section 4.
Valuation of notified excisable goods depends on whether the manufacturer is statutorily required under the Standards of Weights and Measures Act or other law to declare the retail sale price on the package. If a statutory MRP printing obligation exists, valuation follows Section 4A; if not, valuation is to be done under the general provisions of the Central Excise Act (transaction value or tariff value as applicable). Exemptions in the Packaged Commodity Rules and state metrology clarifications determine mixed assessments, and failure to print a statutorily required MRP may attract confiscation.
Availing of Modvat Credit as well as exemption under Small Scale Industries Exemption Notification- Regarding.
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Modvat/Cenvat credit entitlement: full SSI exemption precludes credit; manufacturer must reverse credit or pay duty on exempted goods.
Manufacturers opting for full SSI exemption are not entitled to avail Cenvat/Modvat credit on inputs used for exempted goods; Rule 6 of the Cenvat Credit Rules does not apply to such exempted clearances. If cenvatable inputs are used in exempted production, the manufacturer must either reverse the credit on those inputs or pay duty on the finished exempted goods.
ICES exports - Filling of State Codes for State of origin of export goods
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State of Origin Codes must match RBI BSR list; exporters and officers must ensure correct codes for export reimbursement.
Exporters and Customs House Agents must declare the State of Origin on shipping bills using the Reserve Bank of India Basic Statistic Return (BSR) State codes. Assessing and examining officers are required to verify that the correct notified BSR codes have been entered, since Ministry of Commerce uses these codes to determine State export values for ASIDE disbursements. The Board requests re-notification of the prescribed State codes by Public Notice and administrative measures to ensure only correct codes are used.
Excisblity of Hot Asphalt Mix : A doubt has been raised regarding excisablity of Hot Asphalt Mix used in making roads.
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Excisability of Hot Asphalt Mix clarified: preparation is not manufacture, so it is not an excisable commodity.
The Ministry of Law concluded that preparing Hot Asphalt Mix does not constitute manufacture under Section 2(f) of the Central Excise Act and, applying the rule of strict construction in fiscal statutes, the Board directed that Hot Asphalt Mix is not an excisable commodity, with pending disputes and assessments to be settled accordingly.
Amendment of Central Excise (No. 2) Rules, 2001 for Budget Day restrictions and related instructions - Regarding
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Budget Day removal restrictions suspend self-removal; Commissioner permission required and enhanced duty becomes payable for post-Budget clearances.
The amendment inserts rule 30A imposing Budget Day restrictions that suspend self-removal from the appointed time until midnight; removals during this period require Commissioner permission based on advance written undertakings to pay any enhanced duty and to comply with specified conditions. A provisional/ final two-form application process is prescribed (including ARE 4), designated officers must be appointed to receive applications and supervise clearances, and Commissioners must review permissions and recover any differential duty owing to enhanced rates. Limited acceptances for goods arising after the appointed time are provided in defined circumstances.
Classification of flavoured tea
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Classification of flavoured tea: treated as tea under central excise tariff rather than as preparations under Chapter Twenty-One.
Flavoured tea is classifiable as tea under the Central Excise Tariff rather than as an extract or preparation under the extracts-and-preparations chapter. The Board reasoned that the HSN excludes flavoured tea from the extracts/preparations chapter and the Central Excise Tariff aligns with the HSN, and that items commercially known and marketed as tea fall within the tariff term for tea. The Customs Tariff's explicit reference to flavoured tea further supports this classification, and trade notices should be issued accordingly.
Refund of Central Excise duty to diplomatic missions
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Statutory time limit for refunds governs diplomatic missions' purchase claims, subject to exemption notification conditions and territorial jurisdiction.
Refunds for purchases by diplomatic and consular missions are governed by notification No.3/2001-CE and the statutory refund provisions; exemption applies only to goods for official use subject to Protocol Division certification, an undertaking on specified use, a three-year non-disposal condition, and refund claims must be filed within the statutory time limit and processed by the Commissionerate having territorial jurisdiction.
Difficulties faced by SSI
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Proof of duty payment certificates allowed for small scale industries as trade facilitation after administrative verification.
The Board directs that certificates evidencing payment of Central Excise duty may be issued to Small Scale Industries as a matter of trade facilitation, subject to due verification and without causing harassment or delay, despite the absence of a specific provision in the Central Excise Rules or Manual; field formations are to be informed and receipt acknowledged.
Valuation of goods manufactured on job-work
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Valuation of job-work goods: job charges plus attributable material and royalty costs determine assessable value
Valuation of goods manufactured on job-work basis requires adding the job-worker's charges (including any profit not already included) to the cost of materials used, including items supplied free. For recorded media, royalty and studio-recording costs attributable to each unit must be apportioned-using the ratio of royalty-plus-recording costs to the copyright owner's net sales-and added to job-charges. Assessments may be provisional pending prior-year data; suppliers must provide wholesale price, royalty and free-material cost details for finalisation.
618/9/2002 - 13-02-2002 Central Excise
Removal of goods by 100% EOU to DTA- Non-levy of duty under Section 3(1) of Central Excise Act, 1944.
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Central Excise chargeability affirmed for EOU clearances to domestic market, duty leviable under Section 3(1) despite export restrictions.
The Board clarifies that clearances by 100% EOUs to the domestic tariff area remain chargeable to duty under Section 3(1) of the Central Excise Act even where such goods were "not allowed" to be sold in India; the proviso to Section 3(1) does not remove main chargeability. The circular notes a legislative amendment replacing "allowed to be sold" with "brought to any other place" and directs corrective action against interpretations treating these clearances as leviable only under the Customs Act.
Central Excise (Removal of Goods at concessional rate of duty for manufacture of excisable goods) Rules, 2001 - difficulties faced
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Removal of duty-free goods to another eligible manufacturer allowed, subject to recipient registration and commissioner approval for external tests.
Removal of goods received duty-free may be made to another eligible manufacturer provided the recipient obtains registration under the Rules; movements outside the factory for testing, repair, refining or reconditioning and return can be authorised by the Commissioner through supplementary powers under the Central Excise (No.2) Rules, 2001.
Classification of Shikakai Powder under Chapter 14 or Chapter 33 of CET Act
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Classification of Shikakai powder as excisable under Chapter 33 affirmed, rendering it subject to central excise duty.
The conversion of raw Shikakai into Shikakai Powder is treated as manufacture, placing the powder within Chapter 33 of the Central Excise Tariff Act and making it chargeable to excise duty; the board has accepted the judicial rulings and directed field formations and traders to settle pending disputes and assessments accordingly.
Availment of accumulated MODVAT /CENVAT Credit on molasses for payment of duty on sugar
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Cenvat credit on molasses allowed when used as input in dutiable manufacture, subject to unit structure and usage.
Cenvat credit on duty paid on molasses is permitted or denied based on use and organisational structure: in a composite unit, credit is unavailable where molasses is consumed to produce exempted or non-excisable ethyl alcohol, while credit on externally procured molasses used to make dutiable ethyl alcohol is available for duty on any finished product of the same factory; where sugar and distillery are separate entities, duty paid on molasses cleared by the sugar unit yields no credit for that unit but the receiving distillery may avail the credit.
DTA sales by 100% EOUs – eligibility for the benefit of Notification No.8/97-CE dated 1.3.97
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Eligibility for excise concession revoked for EOUs using imported consumables; Notification No.8/97-CE benefit withdrawn for such units.
Board rescinded a prior circular extending the benefit of Notification No.8/97-CE to export-oriented units using imported consumables and clarified that the notification's benefit is not available to EOUs that use imported consumables; field formations and trade are to be informed and receipt acknowledged.
Board’s Circular No.586/23/2001-CX, dated 12.9.2001 – furnishing of security/surety by Merchant Exporters
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Security requirements for merchant exporters restored, no surety/security required for exporters registered with recognised export promotion councils.
Merchant Exporters registered with Recognised Export Promotion Councils are not required to furnish security or surety for export bonds; the Board restores the prior practice in respect of such registered merchant exporters. Field formations must be informed of this clarification and are required to acknowledge receipt of the Circular, implementing the restored administrative position.

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