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    Disposal of seized documents/records - Regarding
    Receipt of goods under Rules 51A and 173H - Regarding
    24/88 - 10-06-1988 Central Excise
    Modvat credit to be utilised for inputs actually used - In the case of aerated water - Clarification regarding
    Point No.17 of the 30th Meeting of Customs and Central Excise Advisory Council regarding permission for opting out of Modvat Scheme at any time
    Admissibility of Modvat credit on the strength of a gate pass which does not show the amount of duty paid - Clarification regarding
    Verification of end-use of 'cut-tobacco' removed to outside permises - Regarding
    Central Excise - Repacking of detergent powders - Instructions regarding
    17/88 - 01-06-1988 Central Excise
    Guniting of duty paid pipes - Whether amounts to manufacture
    15/88 - 31-05-1988 Central Excise
    Applicability of Notification No. 52/86-C.E., dated 10-2-1986 as amended to glass fibre yarn - Regarding
    Central Excise - Computation of aggregate value of clearances under Notification No. 175/86/C.E.vis-a-vis value of clearances under Chapter X procedur...
    Central Excise - Classification of Alpha -Beta-Dichloro Ethyl Acetate - Doubts regarding
    Central Excise - Woollen fabrics woven from shoddy yarn - Classification regarding
    Central Excise MMSF - Classification and assessment of polyester Staple Fibre and Tow - Stage regarding
    14/88 - 26-05-1988 Central Excise
    Central Excise - Duty liability on component parts/sub-assemblies used in the manufacture of diesel operated Internal Combustion Engines under Notific...
    Central Excise - Classification of H.D.P.E. Blocks of regular geometric shape manufactured from duty paid H.D.P.E. Powder - Question regarding
    Handling of seized documents/records - Instruction regarding
    Abolition of L-2 (Tobacco) licence - Recommendation No. 1.16 of Group V of Collectors Conference held in November, 1987 - Regarding
    Admissibility of Modvat credit on oxygen and acetylene gas used in oxy-acetylene flame/torch - Clarification regarding
    18/88 - 20-05-1988 Central Excise
    Cess on crude oil - Procedure for payment
    13/88 - 18-05-1988 Central Excise
    Central excise duty exemption granted to forgings and forged products of parts and accessories of cycles and cycle rickshaws - Regarding
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Circulars
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48/88-CX.6 - 10-06-1988 Central Excise
Disposal of seized documents/records - Regarding
Show AI Summary
Disposal of seized documents: mandate for prompt return and ongoing reporting to central authorities.
Collectors must segregate and return seized records not relied upon in framing charges and dispose of pending return cases by prescribed deadlines. Weekly progress reports to the Board must list seized documents still awaiting return and state reasons for delay; after the cutoff the reporting frequency converts to monthly and is to be included in the Anti-evasion section of the monthly Administrative reports.
47/88-CX.6 - 10-06-1988 Central Excise
Receipt of goods under Rules 51A and 173H - Regarding
Show AI Summary
Receipt of duty-paid goods: collectors may grant limited discretion to relax documentary proof for goods brought in for repair or processing.
Rules 51A and 173H require duty-paid goods to be accompanied by duty-paying documents, but Collectors may, in exceptional cases where practical difficulties exist (such as very old goods brought in for remaking, refining, reconditioning or repair), exercise discretion to exempt furnishing those documents if satisfied the goods are duty paid; such relaxations must be sparingly applied and concern only goods brought in for specified processing purposes. The rules allow entry of duty-paid goods whether or not manufactured in the receiving factory.
24/88 - 10-06-1988 Central Excise
Modvat credit to be utilised for inputs actually used - In the case of aerated water - Clarification regarding
Show AI Summary
Modvat credit withdrawal requires recovery of duty on unutilised inputs and clearance treated as deemed manufacture.
Withdrawal of Modvat credit for aerated water requires recovery of duty on inputs unutilised as on the withdrawal date. Under Rule 57F(1) credit may be used for duty on the final product or on inputs cleared for home consumption or export as if manufactured in the factory. If credit was already applied to duty on aerated water without using the inputs, or if inputs are cleared instead of used, duty must be collected on those inputs. Recovery is to be effected through RG 23A credit balance or through the PLA.
23/88-CX.8 - 10-06-1988 Central Excise
Point No.17 of the 30th Meeting of Customs and Central Excise Advisory Council regarding permission for opting out of Modvat Scheme at any time
Show AI Summary
Opting out of Modvat allowed mid year, but Modvat clearances must be included when calculating aggregate clearances.
Manufacturers may opt out of the Modvat scheme during the same financial year; however, for computing the aggregate value of clearances under the applicable excise notification, values of clearances effected under Modvat in that financial year must be included. Field formations are to notify trade and acknowledge receipt of the instruction.
Admissibility of Modvat credit on the strength of a gate pass which does not show the amount of duty paid - Clarification regarding
Show AI Summary
Modvat credit admissibility upheld despite gate passes lacking duty amounts when supplier disclosure is administratively relaxed.
Where a supplier has been permitted regulatory relaxation exempting mention of duty rate or amount on a gate pass, recipients' entitlement to Modvat credit shall not be denied solely because the gate pass does not show duty particulars; the departmental instruction directs field formations to treat such relaxed documentation as sufficient for input credit admissibility and to acknowledge receipt of the clarification.
67/88-CX.6 - 09-06-1988 Central Excise
Verification of end-use of 'cut-tobacco' removed to outside permises - Regarding
Show AI Summary
Verification of cut-tobacco end-use: not required routinely; discretionary checks permitted only on specific doubt about conformity.
Where goods cleared as cut-tobacco can be established at the time of clearance to conform to the tariff definition, no end-use verification is required; however, Collectors may exercise discretion to verify end-use when specific doubts arise, but such checks are to be exception-based and not routine.
16/88-CX.8 - 03-06-1988 Central Excise
Central Excise - Repacking of detergent powders - Instructions regarding
Show AI Summary
Repacking of detergent powders recognised as part of manufacture, so duty follows on conversion into unit-packed finished product.
Packing of detergent powder into small unit containers is a process essential for completion of manufacture, and bulk powder may be treated as a semi finished product; when packing is done in outside premises, the procedure permitting clearance without payment of duty applies until the product is converted into finished, unit-packed form.
17/88 - 01-06-1988 Central Excise
Guniting of duty paid pipes - Whether amounts to manufacture
Show AI Summary
Coating of duty-paid steel pipes not manufacture under central excise law, allowing on-site guniting during pipeline construction.
The Board decided that guniting - cement mortar coating externally and epoxy/bitumen painting internally of duty paid steel pipes carried out during water supply pipeline construction - does not amount to manufacture under Central Excise law, noting that HSN Explanatory Notes permit coated products and that Tariff Act provisions do not specifically treat coating as manufacture.
15/88 - 31-05-1988 Central Excise
Applicability of Notification No. 52/86-C.E., dated 10-2-1986 as amended to glass fibre yarn - Regarding
Show AI Summary
Exemption applicability for glass fibre yarn clarified: continuous filament yarn excluded, only spun yarn may qualify.
The circular distinguishes continuous filament glass fibre produced by extrusion and collected as packages from yarn made by twisting staple glass fibres. It states that continuous filament constitutes continuous filament yarn and that filaments cut and spun constitute spun yarn. Because the notification specifically excludes continuous filament glass fibre yarn, the exemption under Notification No. 52/86-C.E., as amended, does not apply to continuous filament glass fibre yarn; only spun yarn of glass fibres remains within the scope of the exemption.
21/88-CX.1 - 30-05-1988 Central Excise
Central Excise - Computation of aggregate value of clearances under Notification No. 175/86/C.E.vis-a-vis value of clearances under Chapter X procedure - Clarifications regarding
Show AI Summary
Exclusion of exempt clearances clarified: clearances exempted under other notifications must be ignored when computing aggregate value.
The Government clarifies that, for computing the aggregate value of clearances under Notification No. 175/86, clearances of excisable goods exempted from the whole of duty by any other notification issued under the Central Excise Rules shall not be taken into account; the prior Board clarification to the contrary is withdrawn and trade is to be informed.
11/88-CX.3 - 30-05-1988 Central Excise
Central Excise - Classification of Alpha -Beta-Dichloro Ethyl Acetate - Doubts regarding
Show AI Summary
Tariff classification: Alpha Beta Dichloro Ethyl Acetate deemed classifiable as a saturated chloro derivative under excise tariff.
Alpha Beta Dichloro Ethyl Acetate, an intermediate in sulphonamide manufacture, is a saturated chloro derivative of the acyclic monocarboxylic class and is classifiable for excise under sub heading No. 2915.10 of the Schedule to the Central Excise Tariff Act, 1985, pursuant to the Deputy Chief Chemist's technical opinion.
20/88-CX.1 - 26-05-1988 Central Excise
Central Excise - Woollen fabrics woven from shoddy yarn - Classification regarding
Show AI Summary
Predominant-fibre rule governs classification of shoddy woollen textiles, based on raw materials and administrative verification.
Classification of woollen products from shoddy must be determined from raw materials and production processes because chemical testing cannot reliably separate shoddy percentage; apply the principles of Note 2(A) and Note 2(B)(ii) of Section XI, treating mixed-fibre textiles as composed of the single material that predominates by weight and selecting the heading by first determining the Chapter and then the applicable heading. Collectors may require subsidiary records and periodic inspections to ensure eligibility for concessional treatment.
Central Excise MMSF - Classification and assessment of polyester Staple Fibre and Tow - Stage regarding
Show AI Summary
Classification of polyester tow and staple fibre: duty payable at tow stage unless exempted, separate clearances require prior duty.
The circular clarifies that polyester tow and staple fibre are separately included in the tariff and recognised as distinct commodities; tow produced and cleared separately is chargeable to excise duty at the tow stage, and tow used as an intermediate in continuous manufacture must be treated as liable to duty before consumption unless specifically exempted.
14/88 - 26-05-1988 Central Excise
Central Excise - Duty liability on component parts/sub-assemblies used in the manufacture of diesel operated Internal Combustion Engines under Notification No. 217/85-C.E., dated 8-10-1985 as amended Notification No. 217/85-C.E.
Show AI Summary
Excise exemption for component parts extends to parts used in sub-assembly manufacture, subject to qualifying conditions.
Component parts intended for use in manufacture of diesel operated internal combustion engines are exempt under Notification 217/85-C.E., and this exemption extends to parts and sub assemblies used in the manufacture of those component parts, subject to observance of the other statutory and notification conditions.
10/88-CX.3 - 25-05-1988 Central Excise
Central Excise - Classification of H.D.P.E. Blocks of regular geometric shape manufactured from duty paid H.D.P.E. Powder - Question regarding
Show AI Summary
Classification of HDPE blocks as materials in primary form permits excise levy at the block stage rather than as finished articles.
H.D.P.E. blocks of regular geometric shape, produced by compression moulding of duty-paid H.D.P.E. powder and requiring surface working before use as finished components, are to be treated as materials in a primary form and classified under the tariff entry for block/lump forms derived from the CCCN, permitting excise duty to be levied at the block stage rather than as finished articles.
42/88-CX.6 - 24-05-1988 Central Excise
Handling of seized documents/records - Instruction regarding
Show AI Summary
Handling of seized documents requires segregation of relied records and return of non relied records after show cause notice.
Immediate segregation of seized documents is required into those relied upon for framing charges and those not relied upon; retained documents intended for proceedings must be preserved, while documents not relied upon should be returned to the party against proper receipt once a show cause notice is issued, to reduce time taken for inspection.
41/88-CX.6 - 24-05-1988 Central Excise
Abolition of L-2 (Tobacco) licence - Recommendation No. 1.16 of Group V of Collectors Conference held in November, 1987 - Regarding
Show AI Summary
Abolition of tobacco licence removes prior licensing requirement for purchase, storage and manufacture of unmanufactured tobacco.
The requirement to obtain an L-2 licence for purchase, storage or use of unmanufactured tobacco for trade or for manufacture of tobacco products has been removed. The Board rescinded the earlier notification, and Notification No. 41/79 has been rescinded by Notification No. 10/88, effective the date specified, so that no person is now required to take an L-2 (tobacco) licence; trade interests are to be informed.
Admissibility of Modvat credit on oxygen and acetylene gas used in oxy-acetylene flame/torch - Clarification regarding
Show AI Summary
Modvat credit inadmissibility for oxygen and acetylene used in cutting and welding; existing credits to be stopped and recovered.
Modvat credit on oxygen and acetylene used exclusively as consumables in oxy acetylene torches for cutting runners and risers and for welding is not admissible because these gases are not used in or in relation to the manufacture of the finished product. Practices allowing such credit must be stopped and remedial action to recover already allowed credits should be taken.
18/88 - 20-05-1988 Central Excise
Cess on crude oil - Procedure for payment
Show AI Summary
Cess on crude oil payment procedure requires producers to file monthly returns and remit assessed cess through PLA promptly.
Despatches must be covered by serialised delivery tickets with one certified copy returned by the refinery; producers must debit cess in a separate PLA per refinery upon receipt of test-verified net quantities. Within twenty days after month-end producers file a quadruplicate monthly return with PLA entries, receipted treasury challans and delivery tickets. The proper officer finalises assessment after scrutiny and serves a notice for payment within ten days if amounts remain unpaid. Regional offices bear payment obligation where production spans Collectorates, and specified distribution of return copies is required.
13/88 - 18-05-1988 Central Excise
Central excise duty exemption granted to forgings and forged products of parts and accessories of cycles and cycle rickshaws - Regarding
Show AI Summary
Excise duty exemption for cycle forgings clarified: shaped parts qualify for unconditional exemption, others require Chapter X compliance.
Where a forging or forged product of iron or steel has acquired the essential character of a finished cycle or cycle-rickshaw part (by having the approximate shape or outline of the finished article, including blanks), it should be classified as the finished part and be unconditionally exempt from excise duty without Chapter X procedure; items lacking that essential shape or recognisability must follow Chapter X to ensure use in manufacture of exempted parts. Decisions on classification must be taken not below Assistant Collector level.

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