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    Central Excises - Erstwhile T.I. 68 - Scope of the term "Alcohol - All sorts" appearing under erstwhile T.I. 68 - Regarding
    11/87 - 06-02-1987 Central Excise
    Delegation of powers under Rule 57F(1)(ii)
    Date of filing Modvat declaration - Guidelines regarding
    Central Excise - Cigarettes - Approval of Wrappers and Surface Designs - Regarding
    7/87 - 28-01-1987 Central Excise
    Central Excise - Annual Stock taking in Small Scale Units - Visits of Central Excise Inspectors/Superintendents - Clarification Regarding
    6/87 - 28-01-1987 Central Excise
    Central Excise - Offence - Issue of Show Cause Notice where the actual manufacturer cannot be identified - Question regarding
    Revision applications - Guidelines for filing
    Central Excise - T.I. 68 - Notification No.77/85-C.E., dated 17-3-1985 - Certain clarifications - Regarding
    1/87 - 15-01-1987 Central Excise
    P or P Medicines - Packing of clinical samples - Regarding
    Spot verification of goods before issue of subsidiary gate pass - Clarification regarding
    3/87 - 13-01-1987 Central Excise
    Maintenance of RG-1 Accounts
    5/87 - 07-01-1987 Central Excise
    Central Excise - Some inputs used in the manufacture of both exempted and dutiable goods - Rule 56A - Problems regarding
    2/87 - 07-01-1987 Central Excise
    Interpretation of the word 'Remade' used in Rules 173H and 173L
    2/87 - 07-01-1987 Central Excise
    Central Excise - Question regarding confusion created by the word 'remade' used in Rules 173H and 173L - Clarification regarding Circular No. 2/87
    Central Excise - Classification and dutiability of lime sludge in paper mills - Regarding
    Central Excise - Chapter 25 - Classification of graphite powder/flakes - Clarification - Regarding
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Central Excises - Erstwhile T.I. 68 - Scope of the term "Alcohol - All sorts" appearing under erstwhile T.I. 68 - Regarding
Show AI Summary
Scope of alcohol exclusion clarified: commercial identity determines whether hydroxyl-containing chemicals fall outside the tariff item exclusion.
The Circular clarifies that the exclusion "alcohol - all sorts" in erstwhile Tariff Item 68 must be read by commercial parlance: organic chemicals merely containing hydroxyl groups (for example pentaerythritol, sorbitol, polyethylene glycol) are not excluded as "alcohol" unless they are commercially known as such. Polyethylene glycol had been classifiable under Item 68 by prior advice, and HSN distinctions further separate ethyl alcohols from other hydroxyl-containing compounds, supporting classification by commercial identity.
11/87 - 06-02-1987 Central Excise
Delegation of powers under Rule 57F(1)(ii)
Show AI Summary
Delegation of powers under Rule 57F(1)(ii): withdrawal of earlier circular while prior instructions remain operative.
Circular No. 11/87 (6-2-1987) withdraws the Board's Circular No. 41/86-CX.6 concerning delegation of powers under Rule 57F(1)(ii), while instructions issued under Circular No. 40/86-CX.6 from the same file continue to operate.
Date of filing Modvat declaration - Guidelines regarding
Show AI Summary
Modvat declaration date determines credit entitlement from filing when submitted to range superintendent or assistant collector.
Modvat credit entitlement arises from the date the declaration is filed with either the Range Superintendent or the Assistant Collector; the Range Officer must verify declarations and send them to the Assistant Collector immediately after verification.
Central Excise - Cigarettes - Approval of Wrappers and Surface Designs - Regarding
Show AI Summary
Price approval for cigarettes: jurisdictional collectors may demand cost and margin details before approving declared package prices.
Where manufacturers declare a sale price on cigarette packages as required by the Board, the jurisdictional Collector may request cost particulars and margins and decide, on that basis, whether to approve the declared price; approval may therefore be contingent on the Collector's evaluation of the submitted cost and margin information.
7/87 - 28-01-1987 Central Excise
Central Excise - Annual Stock taking in Small Scale Units - Visits of Central Excise Inspectors/Superintendents - Clarification Regarding
Show AI Summary
Annual stock taking for conditionally exempt small scale units permitted when Assistant Collector approval is obtained.
Annual stock taking is required for licensed small scale units under a conditional exemption and visits or inspections under the Act, Rules or Board instructions are permitted provided prior approval of the Assistant Collector, as contemplated in the Board's telex, is obtained.
6/87 - 28-01-1987 Central Excise
Central Excise - Offence - Issue of Show Cause Notice where the actual manufacturer cannot be identified - Question regarding
Show AI Summary
Jurisdiction in seizure cases: officer in whose area goods are seized may adjudicate when manufacturer cannot be identified.
Where the actual manufacturer of seized goods cannot be located or identified, the officer within whose territorial area the goods were seized is competent to adjudicate the seizure, the Law Ministry advised and the Board accepted; pending cases may be disposed accordingly.
Revision applications - Guidelines for filing
Show AI Summary
Revision Application filing requirements: ensure complete documentation, verification, authorised representation and paper book to avoid delays.
Guidelines require that a Revision Application be filed in proper format, duly signed and verified, with grounds, statement of facts, exhibits and one copy of the Treasury Challan; representation must be supported by a Vakalatnama or power of attorney as applicable and indication whether personal hearing is required. A paper book in duplicate containing Order-in-Original, appeal petition, Order-in-Appeal and other previously submitted documents must accompany the application. Specific documentary annexures are mandated for Customs drawback, short-landing and refunds, and for Central Excise transit loss and export under bond/rebate cases; illegible photocopies must be replaced by attested typed copies.
Central Excise - T.I. 68 - Notification No.77/85-C.E., dated 17-3-1985 - Certain clarifications - Regarding
Show AI Summary
Exemption notification: clearances under exemptions in force during the relevant year are excluded from small scale clearance value calculations.
Explanation II(a) excludes from the aggregate and current-year value of clearances those clearances exempted from whole excise duty by other notifications issued under rule 8(1) that were in force during the relevant preceding financial year; a notification rescinded mid year is still treated as in force for that period and such clearances need not be counted when computing eligibility and exemptible clearance value for small scale manufacturers.
1/87 - 15-01-1987 Central Excise
P or P Medicines - Packing of clinical samples - Regarding
Show AI Summary
Physician's sample marking requirement: pack clinical samples distinctly from trade packing and ensure strict compliance.
Clinical samples of P or P medicines must be packed in a form distinctly different from regular trade packing and each smallest unit must be clearly marked "Physician's sample, Not to be sold"; mere superscription on regular trade packing is insufficient and the prior instruction requiring distinct non trade packaging is reiterated for strict compliance.
4/87-CX.6 - 13-01-1987 Central Excise
Spot verification of goods before issue of subsidiary gate pass - Clarification regarding
Show AI Summary
Physical verification before issuing subsidiary gate passes to ensure goods match duty-paid documents and package markings.
Proper officers must perform physical verification of duty-paid goods prior to issuance of a subsidiary gate pass, matching the description, marks and numbers on duty-paying documents with the packages to establish correlation and prevent misuse; field formations are to be informed and receipt acknowledged.
3/87 - 13-01-1987 Central Excise
Maintenance of RG-1 Accounts
Show AI Summary
RG-1 account maintenance: timing of register entries left to local collectors under Basic Excise Manual guidance.
The Board determined that fixed nationwide timings for entries in the RG-1 register are impracticable and directed that individual cases be handled by Collectors, exercising administrative discretion in accordance with paragraph 208 of the Basic Excise Manual and the needs of the situation.
5/87 - 07-01-1987 Central Excise
Central Excise - Some inputs used in the manufacture of both exempted and dutiable goods - Rule 56A - Problems regarding
Show AI Summary
Modvat credit rules: credit disallowed for exempt final goods but allowed when inputs inseparable with required debit before removal.
Modvat credit is not available for exempt or nil-rated final products, but where dutiable and exempt final products are produced together and inputs cannot reasonably be segregated, credit on all inputs may be allowed provided the credit attributable to exempt products is debited in the credit account before removal of those exempted final products.
2/87 - 07-01-1987 Central Excise
Interpretation of the word 'Remade' used in Rules 173H and 173L
Show AI Summary
Interpretation of remade clarifies duty treatment for non manufacturing alterations versus remanufacture under excise rules on clearance
The term 'remade' has two distinct meanings: where retention and re clearance without duty are permitted, it denotes processes not amounting to manufacture; where refund of duty on returned goods is provided, it denotes remanufacture involving a manufacturing process, with clearance governed by duty payable on excisable goods.
2/87 - 07-01-1987 Central Excise
Central Excise - Question regarding confusion created by the word 'remade' used in Rules 173H and 173L - Clarification regarding Circular No. 2/87
Show AI Summary
Meaning of 'remade' clarified: non-remanufacture for conditional re-clearance but remanufacture for refund-on-return.
Clarification that the word remade has distinct meanings: in the provision permitting retention and conditional re-clearance of duty-paid goods without duty, remade does not amount to remanufacture, whereas in the provision allowing refund of duty on goods returned for remaking, remade does amount to remanufacture, since those goods involve a manufacturing process and can only be re-cleared on payment of duty.
Central Excise - Classification and dutiability of lime sludge in paper mills - Regarding
Show AI Summary
Excisability of lime sludge: not marketable as goods, therefore generally outside central excise levy and not chargeable.
The Board concludes that lime sludge produced in paper mills during caustic soda recovery and bleach liquor manufacture is not ordinarily marketable and therefore does not fall within the meaning of goods for central excise purposes; stray instances of outside despatch do not establish a market, and pending assessments should be decided on that basis.
Central Excise - Chapter 25 - Classification of graphite powder/flakes - Clarification - Regarding
Show AI Summary
Classification of graphite powder and flakes affirmed as tariff goods for central excise classification under the schedule.
The Board's view is that graphite powder and graphite flakes, as described in the reference, are appropriately classifiable under sub-heading No. 2505.00 of the Schedule to the Central Excise Tariff Act, 1985, directing their treatment within that tariff entry for central excise purposes.

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