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    Waiver of excise formalities of 100% export when manufacturer work under Customs bond
    33/88 - 29-07-1988 Central Excise
    Central Excise - Admissibility of Modvat credit on Sulphuric Acid used in the manufacture of detergent powder - Clarification regarding
    Central Excise - Notification Nos. 36/87-CE, dated 1-3-1987 as amended, and 124/87-C.E., dated 29-4-1987 - Difficulties in implementation - Regarding
    Fixing of RG-1 stage for Carbon Black - Instruction - Regarding
    Central Excise - Sr. No. 39 of Notification No. 53/88-C.E., dated 1-3-1988 before amendment by Notification No. 133/88-C.E., dated 15-3-1988 - Doubts ...
    32/88 - 15-07-1988 Central Excise
    Central Excise - Availability of proforma credit on 'spot welding electrodes/tips - Clarification regarding
    31/88 - 15-07-1988 Central Excise
    Modvat - Admissibility of credit of duty paid on release paper - Regarding
    Supply of coated Pipes to ONGC in the Bombay High Region - Instruction regarding
    Excise duty on Brass Dross/Brass Scrap
    Classification of vulcanising solution - Regarding
    C. Ex. Evasion of Central Excise duty by the manufacturers of Nirma and other Soap Manufacture
    Central Excise - Heading No. 27.13 of C.E.T. - Levy of excise duty on air-blown grade bitumen produced from duty paid straight-grade bitumen - Clarifi...
    29/88 - 30-06-1988 Central Excise
    Admissibility of Modvat credit on inputs used in the manufacture of sand moulds - question regarding
    Admissibility of Modvat credit of duty paid on packaging materials used in the manufacture of final products chargeable to specific rate of duty - Cla...
    18/88 - 27-06-1988 Central Excise
    Classification of wire strands and slings - Clarification regarding
    26/88 - 21-06-1988 Central Excise
    Modvat Procedure - Clarification regarding
    Central Excise - Excisability of 'composition for match-heads' and 'side painting liquid' - Doubts regarding - Clarification thereon
    Fixation of targets for Adjudication work - Regarding
    16/88 - 17-06-1988 Central Excise
    Classification of Aluminium Frames used as fittings of trunks, suit cases, travel goods etc.
    Modvat - SSI - Power to grant notional credit in respect of SED
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57/88-CX.6 - 29-07-1988 Central Excise
Waiver of excise formalities of 100% export when manufacturer work under Customs bond
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Exemption from excise licensing for customs-bonded manufacturers now requires annual declaration scrutiny by the local Deputy Collector.
Manufacturers operating under a Customs bond are eligible for exemption from Central Excise licensing control subject to an annual declaration by the 15th day of April; the Board directs that all such annual declarations be scrutinised by the jurisdictional Deputy Collector of Central Excise to verify eligibility, modifying prior instructions accordingly.
33/88 - 29-07-1988 Central Excise
Central Excise - Admissibility of Modvat credit on Sulphuric Acid used in the manufacture of detergent powder - Clarification regarding
Show AI Summary
Modvat credit admissibility limited to concentrated sulphuric acid consumed; deduct duty-equivalent for spent sulphuric acid recovered.
Modvat credit is admissible on concentrated sulphuric acid when used in manufacture of organic surface active agents, but spent sulphuric acid is a by-product and not a manufactured or regenerated product. Therefore credit must be restricted to the duty on the concentrated acid actually consumed in sulphonation by deducting the duty-equivalent of the spent acid from the duty paid on concentrated sulphuric acid or oleum initially charged.
Central Excise - Notification Nos. 36/87-CE, dated 1-3-1987 as amended, and 124/87-C.E., dated 29-4-1987 - Difficulties in implementation - Regarding
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Production threshold requirement limits concessional excise relief to years meeting the minimum output; provisional assessment and refund follow.
The notifications grant concessional excise rates only where, in the financial year for which exemption is claimed, a cement factory's production attains the prescribed minimum of its annual licensed capacity; if production in that year falls below the threshold the unit cannot claim the benefit for that year. Assessments may be provisional until the threshold is met and refunds for past clearances are payable once eligibility is established. The Board interprets "any financial year" to mean the particular year claimed, and the condition was subsequently withdrawn by later notifications.
56/88-CX.6 - 22-07-1988 Central Excise
Fixing of RG-1 stage for Carbon Black - Instruction - Regarding
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RG-1 stage for carbon black: account only after product is packed into bags to ensure reliable measurement.
The Board directed that carbon black be accounted in the RG-1 stage only after it is packed into bags, since its fluffy nature and variable density make silo quantities unreliable; this follows consultation with the Director General of Inspection and includes issuing a trade notice to inform the trade.
14/88-CX.3 - 22-07-1988 Central Excise
Central Excise - Sr. No. 39 of Notification No. 53/88-C.E., dated 1-3-1988 before amendment by Notification No. 133/88-C.E., dated 15-3-1988 - Doubts as to whether the exemption was its available to the goods in question when manufactured out of duty-paid plastic materials of headings Nos. 39.01 to
Show AI Summary
Exemption for specified plastic articles: drafting error corrected so exemption applies where made from duty-paid materials or scrap.
The Board found that the use of the word and in Sr. No. 39 of Notification No. 53/88-C.E. (1-3-1988) was an inadvertent drafting error and that the longstanding intent-reflected in prior notifications-was to exempt specified plastic articles when manufactured either out of duty-paid plastic materials of headings 39.01-39.15 or out of scraps of plastics. It directed that manufacturers should not be denied the exemption for 1-3-1988 to 14-3-1988 on that basis and that pending assessments be finalised accordingly.
32/88 - 15-07-1988 Central Excise
Central Excise - Availability of proforma credit on 'spot welding electrodes/tips - Clarification regarding
Show AI Summary
Input eligibility: MODVAT credit denied for spot welding electrodes/tips as non consumable tools under excise rules when used in manufacture.
Spot welding electrodes/tips used in manufacture are non consumable tools or appliances and do not qualify as inputs under the explanation to Rule 57A; therefore MODVAT credit is not admissible on them, and field formations and trade should be informed with any permissive cases rectified.
31/88 - 15-07-1988 Central Excise
Modvat - Admissibility of credit of duty paid on release paper - Regarding
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Modvat credit inadmissibility: release paper used as plastisol transfer is not eligible for input credit.
Modvat credit is inadmissible on release paper used in manufacturing PVC coated fabrics because the paper, coated with plastisol, transfers plastisol to the fabric during lamination and fusion, functioning as a carrier/conveyor and being reusable; thus it is treated as an integral input to the coating process rather than an expendable ancillary, and credit shall not be allowed.
55/88-CX.6 - 13-07-1988 Central Excise
Supply of coated Pipes to ONGC in the Bombay High Region - Instruction regarding
Show AI Summary
Territorial status of offshore installations affirmed: supplies to Bombay High treated as home consumption for excise purposes.
The Board holds that Bombay High offshore installations are part of Indian territory and that clearances of excisable goods to those installations are to be treated as clearances for home consumption, both for the period after statutory extension and for the period prior to it; pending cases should be disposed of accordingly.
Excise duty on Brass Dross/Brass Scrap
Show AI Summary
Classification of brass dross as metal residues excludes brass rods/bars made from it from the duty exemption.
Brass dross is excluded from the copper chapter and is classifiable as slag, ash or other residues under Chapter 26 of the Customs Tariff; metal or articles produced from such residues therefore do not satisfy the material-based exemption for articles made from duty-paid copper and remain liable to excise duty under the Chapter 26 classification.
Classification of vulcanising solution - Regarding
Show AI Summary
Classification of vulcanising solution: adhesive character supports treatment as a prepared adhesive, affecting tariff placement.
Whether vulcanising solution is classifiable as a prepared adhesive under Tariff heading 35.06 or as a rubber solution under Tariff heading 40.05 is contested. HSN notes exclude rubber used as an adhesive from heading 40.05, and technical advice supports classification of vulcanising solution as a prepared adhesive under 35.06. A tribunal decision aligns with that view, the Department has appealed, industry objects, and provisional assessment has been directed pending Board confirmation.
C. Ex. Evasion of Central Excise duty by the manufacturers of Nirma and other Soap Manufacture
Show AI Summary
Classification of toilet soap as primary soap despite trace surfactants alters excise duty treatment and product categorisation.
Chemical analysis found the toilet soap to be about 76% sodium palmitate with minor additives; the presence of small quantities of organic surface active agent does not change tariff character because Chapter Note 3 defines the term and does not extend to preparations. Under HSN guidance, trace surfactants in an essentially saponified product do not justify classification as an organic surface active preparation, and the product is classifiable as toilet soap for excise duty purposes.
Central Excise - Heading No. 27.13 of C.E.T. - Levy of excise duty on air-blown grade bitumen produced from duty paid straight-grade bitumen - Clarification regarding
Show AI Summary
Classification based excise liability: packing driven subheading differences can trigger duty on produced blown grade bitumen.
Excise duty on blown grade bitumen produced from duty paid straight grade bitumen is chargeable if the produced blown grade and the duty paid input fall under different CET sub headings due solely to differing modes of packing; if both input and output fall under the same sub heading because of identical packing, no duty is chargeable.
29/88 - 30-06-1988 Central Excise
Admissibility of Modvat credit on inputs used in the manufacture of sand moulds - question regarding
Show AI Summary
Modvat credit inadmissibility clarified: inputs for manufacture of sand moulds treated as excisable machinery components and denied.
Admissibility of Modvat credit on materials used to make sand and ceramic moulds for casting was considered; the Board concluded sand moulds are excisable products forming part of casting machinery and therefore do not qualify as inputs, so Modvat credit on inputs used to manufacture such moulds is not admissible, and field formations and trade are to be informed.
19/88-CX.8 - 28-06-1988 Central Excise
Admissibility of Modvat credit of duty paid on packaging materials used in the manufacture of final products chargeable to specific rate of duty - Clarification regarding
Show AI Summary
Modvat credit availability on packaging materials clarified; credit may be used for duty on specific-rate finished products.
Where finished goods attract a specific rate of duty, Modvat credit on duty paid for packing materials (e.g., glass bottles, tin containers) used in packing those goods is admissible for payment of duty on the finished products, because inclusion of the packing material's value in the product's assessable value is immaterial when a specific rate applies.
18/88 - 27-06-1988 Central Excise
Classification of wire strands and slings - Clarification regarding
Show AI Summary
Classification of wire strands: treated as other articles of iron and steel under tariff, not as wire ropes.
Wire strands and wire slings are classifiable under sub-heading 7308 of the Central Excise Tariff Act, 1985 as 'other articles of iron & steel', because sub-heading 7306 is restricted to wire ropes defined as ropes with wire strands helically laid about an axis; alignment with HSN from 1-3-1988 resolves the issue prospectively.
26/88 - 21-06-1988 Central Excise
Modvat Procedure - Clarification regarding
Show AI Summary
Modvat credit limitation: parts for black and white televisions cannot fund colour television duty; reclassification allows CVD credit.
Modvat credit is restricted to inputs intended for the manufacture of the specific final product; credit on parts for Black & White televisions cannot be used for colour televisions. Countervailing duty on parts imported under customs heading 98.06 may be granted as Modvat credit if those parts are classified under an appropriate Central Excise Tariff heading before assessment of the bill of entry.
13/88-CX.3 - 20-06-1988 Central Excise
Central Excise - Excisability of 'composition for match-heads' and 'side painting liquid' - Doubts regarding - Clarification thereon
Show AI Summary
Excisability clarified: in process non marketable match slurries consumed internally are not treated as excisable goods.
The Board clarifies that 'composition for match-heads' and 'side painting liquid' are heterogeneous slurries with limited shelf life, consumed in the continuous process of match manufacture and not marketed or marketable; applying its earlier instruction (based on the Supreme Court ratio), such in process non marketable inputs used within match factories should not be treated as goods chargeable to excise, and assessments are to be finalised on that basis.
50/88-CX.6 - 17-06-1988 Central Excise
Fixation of targets for Adjudication work - Regarding
Show AI Summary
Adjudication targets require a fixed annual minimum caseload for adjudicating officers, ensuring regular fortnightly case disposal.
The Board requires each designated adjudicating authority - Collector, Additional Collector, Deputy Collector, Assistant Collector and Superintendent - to complete a minimum of 75 cases per annum, averaging three cases per fortnight, imposing an affirmative compliance requirement to ensure expeditious disposal of pending adjudication matters.
16/88 - 17-06-1988 Central Excise
Classification of Aluminium Frames used as fittings of trunks, suit cases, travel goods etc.
Show AI Summary
Classification of aluminium frames as fittings under sub heading 83.02 alters tariff treatment and exemption application.
Aluminium frames used as fittings for trunks, suitcases and travel goods are classifiable as mountings and fittings under sub heading 83.02 of the tariff, a determination applied for the tariff period 1 3 1986 to 28 2 1987; the item had earlier been exempt under Notification No. 118/75 and Modvat was extended to Chapter 42 from 1 3 1987.
Modvat - SSI - Power to grant notional credit in respect of SED
Show AI Summary
Notional credit under Rule 57B: allowance for special excise duty subject to notification amendment and pending legal clarification.
The circular addresses whether enhanced notional credit under Rule 57B read with the small scale exemption notification extends to special excise duty, explains that an amendment to the notification prescribes a revised method of computing the higher notional credit by adding a specified ad valorem percentage to the effective concessional duty, and states that potential over-crediting of special excise duty is now limited to inputs with normally low basic duty rates and to clearances in an earlier period; final legal clarification is pending and adjudication should be deferred.

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