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    Admissibility of Modvat credit on Dry Battery Cells used in quartz wall clocks and quartz timepieces - Regarding
    Central Excise - Classification of 'FLAT-BED SCREENS for printing textiles - Instructions - Regarding
    Divergence among the Central Excise Collectorates in the matter of condonation of storage and handling losses of petroleum products in a refinery and ...
    37/89 - 13-12-1989 Central Excise
    Redressal of Public Grievances
    29/89 - 13-12-1989 Central Excise
    Classification of Stators & Rotors used in the manufacture of Hermetically sealed Gas Compressors
    Admissibility of MODVAT credit of duty paid on Carbon Electrodes used in the manufacture of Aluminium
    Central Excise - MMF - Dutiability of waste arising during the manufacture of texturised yarn and crimped yarn - Clarification regarding
    18/89 - 24-11-1989 Central Excise
    Central Excise - Classification of Animal Feed Supplements like Vitamin Mineral Feed - (1) Kentab tablets and food additives for dog (2) Fast track, (...
    Corrigendum of Notification No. 46/89-C.E.(N.T.), dated 11-10-1989
    Certification of licenced capacity of cement factories prior to 1-3-1988 as required under notification Nos. 36/87-C.E., dated 1-3-1987 and 124/87-C.E...
    Irregular availment of Modvat Credit under Rule 57B - CERA objections - Instructions regarding
    Central Excise - Valuation - Includibility of cost of secondary packing - Supreme Court's decision in the case of Collector of Central Excise v. M/s. ...
    Central Excise - Notification No. 201/85-C.E., dated 2-9-1985, as amended - Applicability of effective rates - Clarification regarding
    Central Excise - Credit or Modvat benefit of CVD paid on steel sheets imported by M/s. IOC Ltd. - Clarification regarding
    Effective date of Notification 37/89-C.E. (N.T.), dated 16-8-1989
    Central Excise - Processing of Fabrics - Padding with milky white paste known as Taffinol Anu - Whether eligible for exemption under Notification No. ...
    Endorsement of subsidiary gate passes - Request regarding
    15/89 - 19-10-1989 Central Excise
    Central Excise - Valuation of - Effect of amendment to section 4 vide section 47 of the Finance Act, 1982 - Effective duty payable alone deductible fr...
    Modvat - Declaration under Rule 57G - Regarding
    Central Excise - Knitted fabrics - Classification and assessment of knitted pile fabrics - Matter regarding
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    Circulars
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    Admissibility of Modvat credit on Dry Battery Cells used in quartz wall clocks and quartz timepieces - Regarding
    Show AI Summary
    Modvat credit inadmissibility: dry battery cells for quartz clocks deemed accessories, credit disallowed and recoverable.
    The Board determined that dry battery cells used to run quartz clocks/timepieces are operational accessories, not manufacturing inputs, and therefore Modvat credit on duty paid for such cells is not admissible; any practice permitting such credit must cease and wrongly taken credits recovered.
    Central Excise - Classification of 'FLAT-BED SCREENS for printing textiles - Instructions - Regarding
    Show AI Summary
    Classification of developed textile screens as technical textile articles leads to their assessment under an industrial-use tariff heading.
    Flat-bed screens for textile printing are produced by affixing nylon bolting cloth to frames, coating with light-sensitive emulsion, exposing and developing to produce a hardened design; after exposure and development the textile ceases to be a sensitised textile and becomes a developed photographic textile article suitable for industrial use and is classifiable under heading 59.09 as a textile article of a kind used for technical purposes.
    Divergence among the Central Excise Collectorates in the matter of condonation of storage and handling losses of petroleum products in a refinery and in the method of determining the Quantities of petroleum products for the purpose of accountal in statutory Central Excise records
    Show AI Summary
    Storage and handling loss rules: uniform dip-measurement and monthwise cumulative condonation required for petroleum accountal.
    Storage losses are determined by dip measurements of storage tanks before and after each receipt or discharge; handling losses are the difference between quantity removed from storage (tank dip difference) and quantity loaded into tank wagons/lorry (wagon dip difference). Quantity removed is to be accounted in RG.1 and quantity loaded in AR 3As, GP1/GP2 or other clearance documents. Both storage and handling losses are to be submitted for condonation on an accumulative monthwise basis and the prescribed dip-measurement method must be uniformly followed by all Central Excise collectorates.
    37/89 - 13-12-1989 Central Excise
    Redressal of Public Grievances
    Show AI Summary
    Public Access to Officers: designated daily open hour ensures citizens may meet specified customs and excise officers without prior appointment.
    Officers of designated Central Excise and Customs supervisory ranks must set aside and display a daily public access period on the office Notice Board, stating that no prior appointment is necessary; each Collectorate/Customs House must issue a public Trade Notice and send copies of those notices to the Board to enable administrative oversight.
    29/89 - 13-12-1989 Central Excise
    Classification of Stators & Rotors used in the manufacture of Hermetically sealed Gas Compressors
    Show AI Summary
    Classification of compressor parts: stators and rotors for hermetic gas compressors are classifiable as compressor parts.
    Stators and rotors engineered for hermetically sealed gas compressors are parts suitable solely or principally for those compressors and are classifiable under the tariff provision for compressor parts rather than as parts of electric motors; the Board has modified earlier guidance to that effect prospectively and has directed field formations to be informed.
    Admissibility of MODVAT credit of duty paid on Carbon Electrodes used in the manufacture of Aluminium
    Show AI Summary
    Input classification of carbon electrodes allows MODVAT credit when used directly in aluminium manufacture, following technical opinion confirmation.
    Carbon electrodes used in the electrolytic manufacture of aluminium are to be treated as inputs for MODVAT credit because they are essential to the manufacturing process; duty paid on such electrodes is admissible as MODVAT credit, as confirmed by the Deputy Chief Chemist. By contrast, mercury electrodes, spot-welding electrodes/tips, and titanium-coated mild steel electrodes are not eligible for MODVAT credit based on the same technical examination, and duty paid on those items is not admissible.
    Central Excise - MMF - Dutiability of waste arising during the manufacture of texturised yarn and crimped yarn - Clarification regarding
    Show AI Summary
    Exemption for crimped yarn waste does not extend to waste from other texturised yarn manufacturing processes.
    The circular clarifies that Notification No. 214/79 exempts waste arising during the manufacture of crimped yarn only; crimped yarn is a distinct type of textured yarn and wastes from other texturised yarn processes (such as coiled, curled or looped yarns) are not covered by the notification and therefore do not qualify for its exemption.
    18/89 - 24-11-1989 Central Excise
    Central Excise - Classification of Animal Feed Supplements like Vitamin Mineral Feed - (1) Kentab tablets and food additives for dog (2) Fast track, (3) Provitone (4) Biolact - For poultry. - Regarding
    Show AI Summary
    Classification of animal feed supplements as animal feeding preparations, excluding classification under human food tariffs.
    Products such as vitamin mineral tablets and food additives for dogs and poultry, intended to remedy deficiencies and ensure a balanced animal diet and not fit for human consumption, are classifiable as preparations of a kind used in animal feeding under the Central Excise Tariff heading corresponding to HSN provisions for animal feed preparations; classification under human food headings is excluded, and field formations and trade are to be informed.
    Corrigendum of Notification No. 46/89-C.E.(N.T.), dated 11-10-1989
    Show AI Summary
    Input credit on vegetable oils clarified: credit must be taken based on quantity received into the factory for use.
    Corrigendum to Notification No. 46/89 C.E.(N.T.) amends condition (ii) to provide that credit shall be taken on the quantity of vegetable oils received into the factory for the purpose, establishing the quantity received into the factory as the basis for claiming input credit where processes are done in the same factory.
    Certification of licenced capacity of cement factories prior to 1-3-1988 as required under notification Nos. 36/87-C.E., dated 1-3-1987 and 124/87-C.E., dated 29-4-1987
    Show AI Summary
    Certification of licenced capacity: pre-authorised state certificates may be countersigned to validate entitlement and resolve pending claims.
    Certificates of licenced capacity issued by State Industry Departments or other authorised issuing authorities prior to the centralisation of certification may be validated by countersignature from the central certification authority, provided those certificates otherwise comply with the requirements of the relevant notifications; pending demands and refund matters should be disposed of accordingly.
    Irregular availment of Modvat Credit under Rule 57B - CERA objections - Instructions regarding
    Show AI Summary
    Concessional rate of duty requires Modvat input credit; absent admissible input credit, concessional duty is inapplicable.
    Concessional rate of excise duty under the notification is contingent on the manufacturer taking and using Modvat credit of duty paid on inputs under Rule 57A; if such credit is not admissible because inputs are exempt or non excisable, the concessional rate does not apply and audit objections on this basis are to be admitted and reflected in final assessments.
    Central Excise - Valuation - Includibility of cost of secondary packing - Supreme Court's decision in the case of Collector of Central Excise v. M/s. Pond's India Ltd., Reg
    Show AI Summary
    Includibility of packing cost: packing necessary for marketability must be included in assessable value under valuation rules
    Include in assessable value the cost of that extent of packing required to make articles marketable; exclude packing whose primary purpose is protection. How much packing is necessary is a question of fact to be determined by applying the marketability test; tribunals must inquire whether goods are usually sold in a given packed form rather than merely whether they could be sold without additional packing.
    Central Excise - Notification No. 201/85-C.E., dated 2-9-1985, as amended - Applicability of effective rates - Clarification regarding
    Show AI Summary
    Exemption notification statutory force: concession retained when sale price exceeds declared price, duty at next relevant slab.
    Where cigarette packages are sold at a price higher than the declared printed maximum sale price, the exemption notification issued under Rule 8 has statutory force and the duty must be determined by reading the tariff schedule together with that notification; such goods should be charged at the next relevant slab and concessional rate specified, and the notification's slab conditions govern applicability unless the notification expressly provides non operation for non compliance.
    Central Excise - Credit or Modvat benefit of CVD paid on steel sheets imported by M/s. IOC Ltd. - Clarification regarding
    Show AI Summary
    Modvat credit entitlement: importer-issued certificates may serve as duty-paying proof enabling downstream manufacturers to claim credit.
    Indian Oil Corporation Ltd.'s steel sheet imports through MMTC on a high-sea purchase basis, with customs papers filed at import and consignments split for onward supply, may be supported by certificates issued by the importer which will be regarded as duty paying documents evidencing payment of countervailing duty, thereby enabling cylinder manufacturers to claim Modvat credit; the same procedure applied to other public sector canalising agencies is to be followed and publicised by trade notices.
    Effective date of Notification 37/89-C.E. (N.T.), dated 16-8-1989
    Show AI Summary
    Exemption from cigarette packet marking allows use of prior marking standard during a transition period, fixing the notification's commencement date.
    A temporary exemption permitted cigarette packet marking to conform to the pre-amendment specification for a limited transition period, allowing compliance with the earlier marking standard to satisfy regulatory requirements; the exemption thereby determined the operative commencement date of the amending notification following the transition window.
    Central Excise - Processing of Fabrics - Padding with milky white paste known as Taffinol Anu - Whether eligible for exemption under Notification No. 253/82, as amended
    Show AI Summary
    Exemption for padding with natural starch denied when starch-free paste used; fabric processors cannot claim relief.
    Padding of fabrics with Taffinol Anu does not qualify for exemption under Notification No. 253/82-CE because laboratory analysis found Taffinol Anu to be an aqueous emulsion of surface active agent, fatty acid and wax and free from starch; the exemption applies only to padding with natural starch. Collectors are directed to prevent processors from claiming unintended benefits and to report action taken.
    Endorsement of subsidiary gate passes - Request regarding
    Show AI Summary
    Certificate endorsement restriction: accepted duty-paying certificates may be endorsed only once, with limited issuance rights for indigenous inputs.
    The circular confirms that only specified undertakings were authorised to issue certificates for indigenous inputs under the Modvat credit framework, while several public sector undertakings may issue certificates for imported materials accepted as duty paying documents. It further reiterates Board instructions that endorsements of such accepted duty paying certificates are permitted only once, clarifying that no further endorsements are allowed.
    15/89 - 19-10-1989 Central Excise
    Central Excise - Valuation of - Effect of amendment to section 4 vide section 47 of the Finance Act, 1982 - Effective duty payable alone deductible from cum duty price to calculate assessable value - Regarding
    Show AI Summary
    Effective duty payable must be deducted from cum duty price to determine assessable value under central excise.
    Deduction for assessable value under section 4 must be the effective duty payable on the goods, after taking exemption notifications into account; tariff-rate or notional duty is not deductible. The Finance Act, 1982 amendment (retrospective to 1-10-1975) mandates this rule, and assessing practices that deducted notional duty should be corrected and excess collections regularised per earlier Ministry circulars.
    Modvat - Declaration under Rule 57G - Regarding
    Show AI Summary
    Modvat credit provisionalisation permits utilisation pending correct input classification, subject to later adjustment under prescribed procedure.
    Where an assessee's declared input classification differs from the correct classification, the originating Collectorate must make the assessment provisional and resolve classification by inter division and inter collectorate correspondence. Duty provisionally paid may be taken as Modvat credit and utilised for duty on the final product, subject to adjustment based on the duty finally assessed under the prescribed adjustment procedure.
    Central Excise - Knitted fabrics - Classification and assessment of knitted pile fabrics - Matter regarding
    Show AI Summary
    Classification of knitted pile fabrics as processed goods determines tariff treatment under heading 6001.12 and related notifications.
    Knitted pile fabrics, incorporating carded staple fibre fed as silver into the knitted ground and subjected to back-coating, shearing and polishing, are processed fabrics and classifiable under heading No. 6001.12. Because the fabric is predominantly acrylic (about 64% by weight) and processed with power, the corresponding base fabric is to be taken under heading No. 55.08. Notification 260/87 applied specifically to sub-heading 6001.12 for a transitional period; from 19-1-1988 Notfn. 3/88 excludes processed fabrics of 6001.12 from Notfn. 109/86 and Notfn. 2/88 sets the applicable tariff subject to value thresholds.

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