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Circulars
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Deemed Credit and Credit of Addl. Duty –Some Clarifications
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Deemed credit availability affirmed with new duty rates; credit computed on actual duty paid and AED credit usable for Cenvat.
Deemed credit may be availed alongside revised excise rates, with the deemed credit percentage applied to the duty rate actually paid under the new notification. Deemed credit rates were not reduced despite yarn duty cuts. Additionally, credit of additional duty (GSI) accrued prior to the budget change may be used for payment of CENVAT duty as well as for AED(GSI), reflecting amendments to CENVAT rules and the altered revenue-distribution regime.
Clarification regarding service tax on authorised service station
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Service tax on authorised service stations: liability limited to services for vehicles within the station's authorisation; consumables rules clarified.
Liability for service tax is limited to services by an Authorised Service Station for vehicles for which it is authorised; services to other vehicles are outside the taxable scope. Separately charged consumables (engine oil, gear oil, coolants) are treated as sales and excluded from the value of taxable service, whereas items integral and not separately identifiable (such as body paints) are includible. Pre sale dealer activities at the time of sale are not services of an authorised service station and are outside this levy.
Inclusion of freight and insurance charges in the assessable value
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Assessable value: freight and transit insurance included only up to the contractual place of removal.
Inclusion of freight and insurance in the excise assessable value is determined by the contractual place of removal and terms of sale: charges up to the point where title passes (factory gate or depot as the agreed place of sale) are includible; charges for delivery beyond that point are not; transit insurance does not alone determine ownership.
Protective Demands Relating to CERA Objections
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Protective demands must be raised pending Board direction, with escalation to PAC for resolution and timely audit examination.
Protective demands must be raised or continued whenever an audit objection concerns an issue covered by Board instructions, pending written Board directions to the contrary; such matters are to be referred to the PAC section for resolution with the C&AG. For objections at initial stages the Commissioner should first approach the Principal Accountant General and, if unresolved, escalate to the PAC section while continuing to raise protective demands. Audit objections should, where practicable, be examined and completed within two months of receipt at the range or divisional office to protect revenue.
Changes in excise, customs and service tax through Finance Bill, 2003
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Excise Rate Restructure expands Cenvat-creditable taxation and redefines manufacture, broadening the excise net and compliance duties.
A consolidated excise duty restructure establishes uniform ad valorem bands and extends Cenvat credit to many items formerly on a non-credit low rate, imposes new 8% duties on specified goods while exempting a defined list, and treats packing, labeling and repacking as manufacture; textiles face comprehensive rate and exemption changes to complete Cenvat chain and revise SSI coverage; valuation rules clarify price-cum-duty and place-of-removal concepts; retrospective amendments restrict diversion of input credit under certain exemption notifications and require revision and recovery of past assessments.
Valuation of goods under Section 4A of the Central Excise Act
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Valuation under Section 4A: returnable deposits not additional consideration when container cost is amortised and included in product.
Where the cost of reusable containers is amortised and included in the product price, returnable cash deposits or deposit of empty containers shall not be treated as additional consideration for valuation under Section 4A; if audit shows container cost was not amortised and included, the cash value of such deposits must be added to the MRP to re determine the assessable value.
Clarification in respect of Notification No. 13/2000-CE dated 01.03.2000 granting exemption of Central Excise Duty to "Integrated Steel Plant"
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Definition of Integrated Steel Plant includes ore concentrate, allowing exemption where manufacture starts from concentrated ore delivered to plant.
The circular clarifies that for the definition of "Integrated Steel Plant" under the exemption notification, the term "ore" includes "ore concentrate", thereby allowing plants that commence manufacture from washed or concentrated ore delivered to the premises to qualify for the excise exemption.
Central Excise and Customs – Disposal of refund/rebate claims where Special Leave Petition/Civil Application along with stay application is pending at Supreme Court
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Implementation of High Court or Tribunal orders: Commissioners may grant refunds or release goods pending SLP absent a stay.
Jurisdictional Commissioners are authorized to grant refunds or release goods on merits where a Special Leave Petition or Civil Application is pending, unless a higher forum has granted a stay; the prior requirement for Board consultation is withdrawn, but Commissioners should pursue the Board for early disposal of stay applications in matters concerning the Supreme Court.
Hand pallet Trucks / Trolley - Classification under heading 84.27
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Classification under heading 87.16 affirmed; protective demands limited to the specific litigant pending final judicial decision.
Hand pallet trucks and similar trolleys are to be classified under heading 87.16; the Board will appeal the adverse tribunal view. Protective demands are to be raised and kept alive only for the specific litigant with the divergent tribunal decision pending final judicial determination, while demands for other parties may proceed and be adjudicated within the normal limitation period under Central Excise law.
Audit of EOUs situated in port cities and other areas
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Internal audit of EOUs to be conducted by jurisdictional central excise commissionerates, following non EOU audit criteria.
The Board directs that EA-2000 internal audits of 100% Export Oriented Units in port cities and similar areas be conducted by the jurisdictional Central Excise Commissionerates, because EOUs with concessions pose revenue leakage risks. Jurisdictional Commissioners should apply the same frequency, selection criteria and audit-day norms used for non-EOUs, prepare a program to audit all EOUs, and issue suitable instructions to field formations.
Valuation of goods captively consumed.
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Valuation of captively consumed goods requires cost of production determined strictly under CAS-4 accounting standards.
Cost of production for captively consumed goods shall be determined strictly in accordance with Cost Accounting Standard 4 (CAS-4) issued by the Institute of Cost & Works Accountants of India; this standard governs capacity determination, overhead allocation and cost of production measurement for valuation under the Central Excise Valuation Rules and modifies earlier Board guidance on captive consumption valuation.
Removal of Budget Day restrictions for Budget 2003-04
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Removal of Budget Day restrictions permits normal removal of excisable goods while maintaining anti evasion enforcement.
Deletion of rule 32 removes the prohibition on removal of excisable goods on Budget Day, allowing assessees to carry out removals without special departmental permission because duty is discharged by instalments (fortnightly for non SSI and monthly for SSI), while routine anti evasion field activity is to continue to prevent misuse of the relaxation.
20/2003 - 06-02-2003 Central Excise
Intimation of receipt of duty paid goods into the factory premises
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Intimation of receipt of duty paid goods: procedural conditions for factory re processing and recordkeeping obligations.
Procedure under sub rule (3) of Rule 16 allows an assessee, with Commissioner's permission when invoices cannot be produced, to bring back duty paid goods into the factory for re making, refining, re conditioning or repair subject to written intimation to the Superintendent within 24 hours, physical identification within 48 hours, separate storage, restriction of processes so as not to amount to manufacture, duty payment on any excisable inputs used, maintenance of detailed accounts in prescribed Annexures, authenticated invoice endorsement on removal, and removal within six months (extensions limited).
Excise Duty on Steel Formers consumed captively in Induction Furnace - regarding.
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Excise liability on captive consumption of steel formers affirmed where excluded from captive-consumption concession during compounded levy period.
Steel formers used in induction furnaces are an excisable commodity classifiable as hollow profiles and, being physically consumed and incorporated into ingots and billets, constitute inputs. Amendments excluding ingots and billets from the captive-consumption concession mean internally manufactured inputs consumed in producing those products do not receive the concession and are liable to excise duty; this applied to units operating under the compounded levy scheme while it was in effect.
Maintenance of records by First Stage and Second Stage dealers and pre- authentication of invoices issued by Second Stage dealers/ dealers of imported goods-reg.
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Pre-authentication of invoices is not required; dealers must maintain records for Cenvat credit eligibility.
Maintenance of records by first stage and second stage dealers is required for entitlement to input credit under the Cenvat Credit Rules; dealers must keep records showing supplies from duty-paid stock and pro rata duty indicated on invoices. There is no statutory provision for pre-authentication of invoices issued by second stage dealers or dealers of imported goods by Central Excise officers, and such pre-authentication should not be insisted upon.
Export of excisable goods without payment of duty-
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UT-1 renewal requirement: timely application enables immediate acceptance but renewal is subject to post-facto verification and cancellation.
Renewal of UT-1 for export without payment of duty requires application with the prescribed statement of exports and supporting proof of duty/interest payment and export documents to the Assistant/Deputy Commissioner of jurisdiction; the authority is to renew promptly, after which the jurisdictional Range Officer may conduct post facto verification and report any false statements, leading to cancellation and action under law.
Hon’ble Supreme Court’s judgment in the case of CCE, Bombay vs M/s Maharashtra Fur Fabric Ltd reported in 2002(145)ELT 287(SC).
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Exemption exclusion for processed knitted fabrics: processes akin to tentering deprive such fabrics of the notification benefit.
The proviso to the notification precludes nil rate exemption for knitted or crocheted manmade textile fabrics subjected to listed finishing operations or to "any other process"; applying the ejusdem generis rule, the term "any other process" must be read in the same sense as the specified processes, so processes akin to tentering fall within the proviso and bar the benefit of the notification.
Payment of rebate amount of the duty paid from Cenvat credit account in cash-reg.
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Refund of duty paid through Cenvat credit accounts must be made in cash, not retained as credit balances.
Reaffirms that rebate or refund of duty paid on exported goods from Cenvat/Modvat actual or deemed credit accounts must be refunded in cash and that the sanctioning authority has no discretion to deny cash refund or convert it into credit balances; field formations are to inform trade and implement this position.
Provisional release of seized goods and execution of B-8 Bond - reg.
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Provisional release of seized goods: continue using the B-11 bond; B-8 reference corrected as inadvertent officially.
The Circular corrects an inadvertent reference to the erstwhile B-8 Bond in instructions on provisional release of seized goods, noting B-8 was used for concessional-duty goods for special industrial purposes. It clarifies that the previously used B-11 Bond continues to be the appropriate instrument for provisional release under existing instructions, and that references to the old rules should be updated to the current rule set. Trade and field formations are to be informed and to acknowledge receipt.
Blending of Petrol with Ethanol - excise duty exemption - regarding
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Excise duty exemption for ethanol blended petrol creates concessional surcharge and duty exemptions for 5% blends.
Excise duty treatment for petrol blended with ethanol is modified to promote manufacture of 5% ethanol blended petrol by exempting the blended product from central excise duties, Special Additional Excise Duty and Additional Duty of Excise where duties on the blended fuel have been paid, and by prescribing a concessional rate of Special Additional Excise Duty on motor spirit when intended for manufacture of that blend; the blend is defined by volume and must conform to the relevant BIS specification.

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