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    1/89 - 23-01-1989 Central Excise
    Endorsement of subsidiary gate passes - Request regarding
    8/89 - 19-01-1989 Central Excise
    Classification of Napthalene under Chapter 27 or Chapter 29 of the CET
    6/89 - 19-01-1989 Central Excise
    Permission under Rule 56-B for carrying certain processes on fabrics - Regarding
    5/89 - 19-01-1989 Central Excise
    Confiscation of seized goods
    7/89 - 18-01-1989 Central Excise
    Different possible classification of Polyols and Isocyanates
    4/89 - 17-01-1989 Central Excise
    Classification of drilling rigs mounted on motor vehicles whether classifiable under heading 87.05 or under heading 84.30 - Correspondence regardings
    3/89 - 17-01-1989 Central Excise
    Acceptance of proof of export when goods are exported by parcel under bond - Regarding
    3/89 - 17-01-1989 Central Excise
    Classification of audio cassettes housings/casings as parts of unrecorded cassettes sub-heading 8523 or recorded cassette S.H. 8524 or S. H. 3926 as a...
    6/89 - 16-01-1989 Central Excise
    Classification of certain printed products of plastic paper etc.
    2/89 - 13-01-1989 Central Excise
    Classification of LPG Tankers for Motor Vehicle Chassis
    5/89 - 10-01-1989 Central Excise
    Duty liability on lacquered/metallised/laminated plastic materials made from duty-paid bare plastic films
    2/89 - 10-01-1989 Central Excise
    Central Excise - Classification of Squashes like orange squash whether under sub-heading No. 2001.10 or sub-heading No. 2107.91 of CET
    67/88 - 09-01-1989 Central Excise
    Levy of cess of Tea Waste cleared for the manufacture of instant tea meant to be exported - Clarification regarding
    Thermolloyd Polystyrene classifiable under sub-heading No. 3922.90
    2/89 - 09-01-1989 Central Excise
    Improper citation of documents in the show cause notice - Regarding
    Central Excise - Mixture of crude gases referred to as 'Lean gas' yielded during manufacture of Carbon Black - Question of excisability - Regarding
    1/89 - 06-01-1989 Central Excise
    Classification of hot rolled products of iron or steel having less than 3 mm thickness and less than 75 mm width prior to 1-8-1983
    Endorsement of subsidiary gate passes - Request regarding
    2/89 - 04-01-1989 Central Excise
    Central Excise - Chapter 39 - Classification of Polyols and Isocyanates, when supplied together for the production of polyurethane foam - Regarding
    1/89 - 04-01-1989 Central Excise
    Central Excise - Adjudication of cases under unamended Section 11A - Clarification regarding
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1/89 - 23-01-1989 Central Excise
Endorsement of subsidiary gate passes - Request regarding
Show AI Summary
Endorsement of subsidiary gate passes permitted once for availing Modvat credit when entire material is transferred to another person.
Subsidiary gate passes and certificates issued by public sector undertakings and canalising agencies may be endorsed only once for the purpose of availing Modvat credit, and only if the entire material covered by the document is sent to another person; this supersedes earlier instructions prohibiting further endorsement.
8/89 - 19-01-1989 Central Excise
Classification of Napthalene under Chapter 27 or Chapter 29 of the CET
Show AI Summary
Naphthalene classification: products meeting the crystallising point threshold treated as Chapter 29 items; lower purity under Chapter 27.
Naphthalene with a crystallising point of 79.4 C or more is classifiable under Chapter 29 of the CET (HSN heading for refined naphthalene), whereas naphthalene of lower purity is classifiable under Chapter 27; pending assessments should be finalised and field formations and trade notified accordingly.
6/89 - 19-01-1989 Central Excise
Permission under Rule 56-B for carrying certain processes on fabrics - Regarding
Show AI Summary
Permission under Rule 56B is inapplicable for manufacturing processes on fabrics; non manufacturing processes remain permissible.
Permission under Rule 56-B to clear dutiable fabrics without payment of duty is not available for processes that amount to manufacture (for example bleaching, dyeing, printing, shrink proofing, stentering, heat setting) because exemption may only be granted by an excise notification; however, non manufacturing ancillary processes (for example packing, stamping, inspecting, checking, folding, mending) can be permitted under Rule 56 B.
5/89 - 19-01-1989 Central Excise
Confiscation of seized goods
Show AI Summary
Confiscation of seized goods: order mandatory even if goods destroyed to prevent compensation claims and avoid redemption options.
Adjudicating authorities must order confiscation when an offence relating to seized goods is proved; physical presence of the goods is not required for confiscation and an order transfers ownership to the Central Government. If seized goods are destroyed while in government custody, the Collector should order confiscation and refrain from offering redemption on payment of a fine, thereby preventing compensation claims arising from the absence of a confiscation order.
7/89 - 18-01-1989 Central Excise
Different possible classification of Polyols and Isocyanates
Show AI Summary
Separate classification of polyols and isocyanates affirmed; each component must be assessed on its own merits for excise duty.
When polyols and isocyanates are presented together at sale, they must be evaluated and assessed individually on their merits for Central Excise duty; the technical authority concurred and supplied suggested classification options to guide consistent, component-wise assessment.
4/89 - 17-01-1989 Central Excise
Classification of drilling rigs mounted on motor vehicles whether classifiable under heading 87.05 or under heading 84.30 - Correspondence regardings
Show AI Summary
Classification of vehicle-mounted drilling rigs as special-purpose motor vehicles alters excise treatment and valuation approach.
Drilling rigs mounted on motor vehicle chassis are excluded from the machinery heading by HSN Explanatory Notes and are classifiable as special purpose motor vehicles under Heading 87.05; this classification affects excise treatment and requires assessable value determination following Board guidance applicable to motor vehicles incorporating chassis components.
3/89 - 17-01-1989 Central Excise
Acceptance of proof of export when goods are exported by parcel under bond - Regarding
Show AI Summary
Delayed proof of export: provisional bond credit allowed after statutory waiting period on banker and post office certificates.
Where postal proof of export is not received within six months from despatch, provisional credit in the exporter's running bond account may be allowed based on a banker's certificate certifying receipt of sale proceeds, supported by a certificate from the local post office where the parcel was registered that the export parcel has not been received back.
3/89 - 17-01-1989 Central Excise
Classification of audio cassettes housings/casings as parts of unrecorded cassettes sub-heading 8523 or recorded cassette S.H. 8524 or S. H. 3926 as articles of plastics
Show AI Summary
Classification of cassette housings as parts of recording media confirmed; covers classed as plastic packing articles.
Plastic cassette housings/casings are integral precision parts of audio cassettes and classifiable as parts of recording/unrecorded media under Chapter 85 (8523/8524); plastic covers are non essential packing/handling accessories and classifiable as articles of plastics under sub heading 3923.
6/89 - 16-01-1989 Central Excise
Classification of certain printed products of plastic paper etc.
Show AI Summary
Classification of printed packaging materials clarified: primary use controls tariff chapter allocation under excise rules.
Classification of printed wrapping, labels, films, sheets, laminates and pouches is governed by the primary function of the article: where printing is incidental to packaging, the goods fall under the tariff headings for paper or plastics rather than as products of the printing industry. Printed plastic films/sheets and laminates of plastic with plastic are classifiable as plastics products; paper/plastic laminates are classified according to which material predominates by thickness; aluminium foil below the prescribed thinness is classifiable as aluminium foil irrespective of backing.
2/89 - 13-01-1989 Central Excise
Classification of LPG Tankers for Motor Vehicle Chassis
Show AI Summary
Classification of vehicle tanks as motor vehicle bodies clarifies excise treatment and exemption eligibility for road tankers.
Tanks/containers fabricated for mounting on motor vehicle chassis lack identity as separate container goods and are specially designed solely for use on chassis, and therefore are to be classified as fabrication of bodies or parts of bodies for motor vehicles, trailers or tanker wagons rather than as separate container headings; such fabricated tanks are eligible for exemption benefits if the final motor vehicles pay duty at the appropriate rates under the relevant exemption provision.
5/89 - 10-01-1989 Central Excise
Duty liability on lacquered/metallised/laminated plastic materials made from duty-paid bare plastic films
Show AI Summary
Concessional duty classification: imported bare and metallised plastic films attract the higher concessional duty due to material origin.
Imported bare plastic films are chargeable to Central Excise at the higher concessional ad valorem rate because the raw plastics imported under headings 38.01-39.15 did not bear Central Excise or Countervailing duty; metallised or laminated films manufactured in India from such duty-paid imported bare films are likewise chargeable at the higher concessional ad valorem rate rather than the lower concessional rate, and prior Board instructions cited do not apply; field formations and trade should be informed and pending assessments finalised on this basis.
2/89 - 10-01-1989 Central Excise
Central Excise - Classification of Squashes like orange squash whether under sub-heading No. 2001.10 or sub-heading No. 2107.91 of CET
Show AI Summary
Classification of squashes: treated as fruit juice preparations for excise classification, not as beverage preparations.
Squashes made from fruit juice, including those with permitted additives and sweetening matter, are preparations of fruit juice and, per the Tribunal's interpretation of the Fruit Products Order, 1955, are correctly classifiable under heading 20.01 of the Central Excise Tariff; the Board has accepted this position, directing that such squashes not be treated under heading 21.07 for beverage preparations.
67/88 - 09-01-1989 Central Excise
Levy of cess of Tea Waste cleared for the manufacture of instant tea meant to be exported - Clarification regarding
Show AI Summary
Cess liability on tea waste: export-bound clearances without excise duty still attract cess absent a specific rules exemption.
An exemption notification under the Central Excise Act does not ipso facto exempt goods from cess; cess is leviable unless specifically exempted under the Central Excise Rules, 1944. A separate notification under the rules is required to permit clearance of tea waste without payment of cess; since no such notification under Rule 191B exists, cess is payable on tea waste cleared under bond without Central Excise duty.
Thermolloyd Polystyrene classifiable under sub-heading No. 3922.90
Show AI Summary
Classification of thermolloyd polystyrene as regular geometric blocks places it under shaped plastic blocks headings, not sheet heading.
Product produced by feeding polystyrene into a performer and moulding into blocks of regular geometric shape, later cut into sheets or plates, is not classifiable under the tariff subheading for finished plastic sheets but is classifiable under the headings that cover blocks of regular geometric shape, per Note 10 of Chapter 39; the geometric block form governs classification.
2/89 - 09-01-1989 Central Excise
Improper citation of documents in the show cause notice - Regarding
Show AI Summary
Proper citation of evidential documents ensures timely adjudication by requiring specific document and page references in show cause notices.
Show cause notices must not refer broadly to entire seized files; they should identify precisely the specific documents and page numbers relied upon for framing charges. Sorting and sifting of seized records is required at the drafting stage so that only the identified documents/pages are cited, narrowing inspection scope, preventing dilatory tactics, and enabling timely adjudication.
Central Excise - Mixture of crude gases referred to as 'Lean gas' yielded during manufacture of Carbon Black - Question of excisability - Regarding
Show AI Summary
Excisability of lean gas clarified; administrative guidance corrected to read 'at the ground level' in prior Board letter.
Question whether a mixture of crude gases termed "Lean gas", produced during Carbon Black manufacture, is subject to central excise; and administrative correction to prior Board guidance replacing the phrase 'under the ground' with 'at the ground level' in para 2 of the Board's letter dated 22-12-1988.
1/89 - 06-01-1989 Central Excise
Classification of hot rolled products of iron or steel having less than 3 mm thickness and less than 75 mm width prior to 1-8-1983
Show AI Summary
Classification of hot rolled iron and steel as rolled or forged shapes changes tariff treatment; pending assessments to be settled.
A classification dispute concerned hot rolled iron or steel under specified dimensions produced before 1-8-1983, contested between treatment as hoops and as other rolled, forged or extruded shapes and sections. A tribunal held they fall within the residual category of other rolled/forged/extruded shapes rather than hoops; the department's petition was dismissed and the Board directed that pending assessments be settled in accordance with that tribunal classification.
70/88-CX-8 - 04-01-1989 Central Excise
Endorsement of subsidiary gate passes - Request regarding
Show AI Summary
Modvat credit endorsement allowed only where entire consignment covered by subsidiary gate pass is transferred to another person.
Endorsement of subsidiary gate passes and certificates issued by public sector undertakings and canalising agencies for availing Modvat credit is permitted only if the entire material covered by such document is sent to another person; this modifies earlier Board instructions and requires field formations and trade interests to be informed.
2/89 - 04-01-1989 Central Excise
Central Excise - Chapter 39 - Classification of Polyols and Isocyanates, when supplied together for the production of polyurethane foam - Regarding
Show AI Summary
Classification of polyols and isocyanates: assessed individually for excise duty when supplied together, not as ready-to-use sets
Notes covering goods "put up in sets" do not apply to polyols and isocyanates supplied together for polyurethane foam because the components are not ready for use after simple mixing and require additional additives and controlled chemical processing. Therefore, polyols and isocyanates should be assessed to central excise duty individually on their merits even when presented together at the time of sale or import.
1/89 - 04-01-1989 Central Excise
Central Excise - Adjudication of cases under unamended Section 11A - Clarification regarding
Show AI Summary
Amendment to Section 11A: earlier adjudication instructions issued for the unamended provision are no longer applicable.
The Board examined queries from collectors and clarifies that instructions dated 5-6-1986, issued with reference to the unamended Section 11A, are not relevant after the amendment of Section 11A by the Central Excises & Salt (Amendment) Act, 1985, and therefore should not be applied in adjudication under the amended provision.

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