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Service Tax on Outdoor Caterers and Pandal or Shamiana operators
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Service tax on outdoor catering and pandal services expands taxable scope, altering valuation and registration obligations for providers.
Section 88 of the Finance Act, 1997 taxes services by outdoor caterers and pandal or shamiana contractors. Taxable service is the gross amount charged to the client for catering or pandal services, inclusive of supplies; abatements apply (50% where food is supplied by caterers; 30% for lumpsum pandal-plus-catering charges). Specified exemptions apply for on-premises industrial catering, hospitals and educational institutions, railways, rural-area contractors and cases of free or unrendered services. The bill-raiser is responsible for registration and collection, and administrative guidance is required for compliance.
Voluntary Disclosure of Income Scheme, 1997--Clarification regarding
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Voluntary disclosure immunity protects declared income but excludes assets and certain post-disclosure liabilities.
Disclosures under the Voluntary Disclosure of Income Scheme, 1997 protect disclosed income from wealth-tax for assessment years up to 1997-98, though assets attributable to that income remain liable to wealth-tax from 1998-99 onward; penalties for disclosed income are waived beyond section 271(1)(c); disclosures are barred for years in which surveys or searches were carried out or for years earlier to such operations, and seized or discovered assets during searches remain excluded from relief. Jewellery declarations must state year of acquisition with evidence. Multiple declarations are prohibited and benami immunity is not conferred.
Application of S. 3A of the Central Excise Act, 1944 to Re-Rolling Mills - reg.
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Capacity based excise duty for re rolling mills: assessed annual capacity drives duty with a monthly lump sum payment option available.
Section 3A has been applied to hot re rolled products, requiring annual production capacity for each re rolling mill to be computed by a prescribed formula using measured parameters d, n and i plus deemed values for e, w and hours utilised; manufacturers must declare and have these parameters verified. Duty is fixed on assessed annual capacity with an option under sub rule (3) of rule 96ZP to pay a monthly lump sum equal to one twelfth of (annual capacity x prescribed factor), alternative per tonne payments at clearance, timelines for payment and interest on default. Modvat credit and small scale exemption for re rolled products are withdrawn from the operative date.
Application of section 3A of the Central Excise Act, 1944 to Induction - Furnaces - reg.
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Capacity-based excise duty: option to pay monthly lump-sum discharge under Rule 96ZO, with procedural limits and credit disallowance.
The Induction Furnace Annual Capacity Determination Rules require the Commissioner to determine a factory's annual capacity for ingots and billets of non alloy steel from installed crucible capacity, with pro rata adjustments and Commissioner approval for crucible changes. Rule 96ZO offers an optional monthly lump sum duty payment based on total furnace capacity, disallowing reliefs for non operation or lower actual production; non optors must pay per tonne duty on clearances, reconcile liabilities by prescribed dates and face interest for defaults. Modvat credit is disallowed for the notified goods and lapses at the cut off.
HB Vol.1 - Gem & Jewellary Scheme
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Bank guarantee enforcement ensures recovery where exporters fail to meet export obligations after receiving precious metals.
Conversion of exported precious metals for entitlement calculations uses a formula converting carat or declared fineness into equivalent quantities at prescribed standard fineness levels for gold, silver and platinum. Exporters may obtain metal from nominated agencies on outright purchase or loan only upon furnishing a Bank Guarantee, which the agencies shall enforce if exports are not effected in the prescribed period. Bonafide defaults may be regularised on payment of customs duty with interest, while advance licence cases follow existing handbook provisions.
Export of 33,200 MTs of Non-durum Wheat to the International Red Cross Society,Peshawar/United Nations World Food Programme by M/s. Projects & Equipment Corporation of India (PEC) Ltd. during the year 1997-98
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Export permission for non-durum wheat to humanitarian organisations authorized, subject to RCAC issuance by APEDA.
Export authorization for non-durum wheat for humanitarian relief is permitted against RCACs issued by APEDA to the designated exporter; APEDA must complete administrative actions and report RCAC issuance to the Department of Economic Policy (Agri II), Ministry of Commerce, with intimation to the Statistical Division.
Export of Sugar from the free sale quota of 1996-97 Sugar Season (Oct. Sept.)
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Preferential quota allocation: release of raw cane sugar for export to the European Union under existing arrangements.
An additional quantity of 10,500 MTs of raw cane sugar is released for export to the European Union against the preferential quota for the 1997-98 delivery period to be effected by ISGIEIC during the October 1996-September 1997 season, with all other terms and conditions of Policy Circular No. 6/97-98 dated 17.6.97 remaining unchanged.
Re-organisation of Central Excise Commissionerates given on 16th July '97
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Commencement notification requirement clarified: commencement date for amended rules must be notified in the Official Gazette.
Notification No. 21/97-CE (NT) implements the Central Excise (Fifth Amendment) Rules, 1997 effective 16th July 1997; clause (ii) of rule (i) is clarified to read "date to be notified by the Central Government in the Official Gazette", establishing that the commencement date is to be notified in the Official Gazette.
Service Tax on services rendered by clearing and forwarding agents and rent-a-cab scheme operators
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Service tax on clearing and forwarding and rent a cab services: liability, valuation and compliance obligations clarified.
Section 88 of the Finance Act, 1997 brings services by clearing and forwarding agents and rent a cab operators within service tax from 16 July 1997. For C&F services the person engaging the agent (the principal) is responsible for collecting and paying tax; taxable value is the gross amount charged or deemed gross remuneration/commission paid. For rent a cab operators the taxable value is the gross amount charged, including rental and ancillary fees, and the rate is 5%; a subletting exception applies where the sub lessor pays tax.
Clarification regarding simultaneous availment of SSI exemption for home consumption and Modvat credit for export-reg.
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SSI exemption and CENVAT credit may be claimed concurrently, subject to separate accounting and refund or adjustment mechanisms.
Units availing SSI exemption for home consumption may nevertheless claim Modvat/CENVAT credit for inputs used in export production (clearances under bond or on payment of duty). Such credit can be utilised to pay duty on similar goods cleared for home consumption once the exemption threshold is exceeded, or refunded where adjustment is not possible, subject to maintenance of separate accounts tracing inputs and production for export and home consumption and compliance with Modvat/CENVAT refund procedures.
Sandalwood chips export allowed against licence
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Export licensing for sandalwood chips requires origin certificates, physical stock verification and compliance with export conditions.
Export of sandalwood chips, mixed chips, flakes, sapwood chips/powder and dust is permitted only against an Export Licence for listed sandalwood classes. Applications must include prescribed forms and supporting documents such as export order/credit instrument, RCMC, IEC, and Certificate(s) of Origin or Legal Procurement Certificate(s) issued by the Principal Chief Conservator of Forests; unutilised origin certificates and unlifted auction stocks may be considered subject to documentary proof and physical verification. Licences are issued only after original legal procurement documents and a certificate of physical stock verification from the designated forest or wildlife officer are produced.
Export of HPS Groundnut, Sesamum (Sesame Seeds), Sunflower Seeds, Safflower Seeds, Rape seeds and Mustard Seeds during the licensing year 1997-98 - reg
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Export licensing for certain oilseeds: HPS groundnut exempted while sesame, sunflower, safflower, rape and mustard require licences.
For the licensing year 1997-98, export of HPS Groundnut is allowed freely without quantitative restrictions or export licences. Exports of sesamum (sesame), sunflower, safflower, rape and mustard seeds remain subject to the Negative List and require prospective exporters to apply for export licences under the procedure in the Handbook of Procedures (Vol. I) for the EXIM Policy 1997-2002.
Appointment of Central Excise Officers for the purpose of assessment and collection of service tax
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Appointment of Central Excise Officers confirms scope and jurisdiction for assessment and collection of service tax under Service Tax rules.
Amendment under Rule 3 appoints Central Excise Officers to assess and collect service tax and substitutes the table entry for "Any other assessee" to exclude specified services (including consulting engineers and manpower recruitment agents). The Commissioner of Central Excise having Central Excise jurisdiction will have corresponding jurisdiction for service tax; annexures supply a clarification on consulting engineers and manpower recruitment agencies and prescribe Forms ST-1, TR-6 and ST-3.
Service Tax on Clearing & Forwarding Agents and rent-a-cab scheme operators.
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Service tax liability: principals must pay for clearing and forwarding services while rent a cab operators must collect and pay tax.
Service tax applies to clearing and forwarding agents and rent a cab scheme operators; for C&F services the taxable value is the gross remuneration or commission paid by the client and the person engaging the agent is responsible for collecting and paying the tax. For rent a cab operators the taxable value is the gross amount charged for renting a cab including ancillary charges, and where one operator sublets to another who pays tax on amounts billed, further tax on the client's bill is not payable. Commissioners must register assessees and issue trade guidance.
DEPB Rates for Addl. Items in textiles, engineering and electronics goods
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DEPB credit rates notified for additional textile, engineering and electronic export items under Export Import Policy provisions.
Notification of DEPB credit rates for additional textile, engineering and electronic export items, expressed as percentages of FOB export value. The Director General of Foreign Trade has added an Annexure of product-specific credit rates to Appendix-28A of the Handbook of Procedure, listing textiles (yarns, fabrics, knitwear), specified electronic valves and tubes, and varied engineering items with their applicable DEPB rates for use as export incentive credits under the DEPB scheme.
Guidelines for selection of cases for scrutiny during Financial Year 1997-98.
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Selection criteria for scrutiny establish compulsory, sample, information based and exceptional categories guiding income tax examinations.
The guidelines establish four categories for selecting income tax returns for scrutiny: Class A compulsory scrutiny for searches, surveys, reassessments, investigation recommended cases and high turnover/capital infusion; Class B sample scrutiny with specified quotas by corporate status and income ranges plus enumerated exemptions; Class C information based scrutiny requiring recorded reasons and approval; and Class D exceptional case scrutiny with reasons, higher approval and limits on number and routine selection.
Furnishing of information on reversal of Modvat credit where exports were effected under VBAL Scheme- Reg.
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Modvat credit reversal: Central Excise must supply detailed proforma data to Customs for VBAL-export cases.
Commissioners of Central Excise must furnish to Commissioners of Customs the specified proforma particulars when Modvat credit reversal arises from exports under the VBAL scheme, including exporter and supporting manufacturer details, AR-4 and shipping bill particulars, goods description, value and quantity, Modvat availed and reversed (with dates and amounts), balance and interest due, corresponding import details, and licence/DEEC/VBAL identifiers; this information should be sent expeditiously, preferably within a fortnight.
Engineering Product Export (Replenishment of Iron and Steel Intermediates) Scheme of EXIM Policy, 1992-97
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Conversion of Release Advice into Advance Release Orders allows domestic sourcing of steel inputs subject to documentation and limited validity.
Conversion of outstanding or partially serviced Release Advice into Advance Release Order is authorised to permit domestic sourcing of iron and steel intermediates. Exporters must surrender un serviced Release Advice and file Appendix 11-B with supporting documents (application fee receipt, RCMC copy, customs attested invoices, export promotion shipping bill copies and a declaration of non receipt of Duty Drawback/Duty Exemption benefits) within three months. Advance Release Orders are issued in Appendix 11-G form, valid for twelve months with no revalidation. Domestic suppliers whose supplies were effected will be treated as supplies under Advance Release Orders and may claim deemed export benefits but not the Special Value Based Advance Intermediate Licence; applications for past supplies must be filed within six months.
DEPB Scheme - New Rates for Leather Products, Writing Instruments & Readymade Garments -Effective 9/7/97
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DEPB Scheme credit rates set for leather, writing instruments and ready-made garments, effective for exports after the effective date.
Notification of credit rates under the DEPB Scheme for specified leather products, writing instruments and readymade garments other than silk, effective 9 July 1997. The Director General of Foreign Trade, under the Export and Import Policy, 1997-2002, notifies product-specific DEPB entitlement rates in the Annexure, to form Appendix-28A of the Handbook of Procedures (Vol. I). The notice supersedes Public Notice 5/97-2002 dated 8 April 1997 for the listed items and directs that the rates apply to exports made on or after 9 July 1997, with prior exports governed by the earlier notice.
Gold etc. import procedure for MMTC/STC/SBI/HHEC for exporters
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Import procedures for nominated agencies: bonded storage, exporter bonds and bank guarantees secure duty exempt supply to jewellery exporters.
Procedures govern import, custody and duty exempt supply of precious metals by the Nominated Agency to jewellery exporters: agencies may hold imports in private bonded warehouses or bank vaults; exporters procure metal via ex bond Bills of Entry after executing prescribed bonds secured by a bank guarantee; the Nominated Agency must maintain records, effect deliveries, and notify customs of outstanding exports; customs must monitor stocks; failure to fulfil export obligations triggers recovery of duty, encashment of guarantees and further enforcement.

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