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Circulars
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ITC (HS) Classification - Export of Weapons grade Chemical - Negative list of Export
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Export controls on CWC-listed chemicals permit shipments to convention parties subject to notification and end-use certification.
CWC-listed chemicals are permitted for export to States party to the Chemical Weapons Convention provided exporters notify the National Authority, the Cabinet Secretariat and the Directorate General of Foreign Trade in the prescribed format and submit an End Use Certificate within fifteen days of actual export; exports to States not party to the Convention remain restricted and continue to require export licences under the Negative List of Exports.
EOUs/ EPZ Units - Iption to Execute Single B-17 Bond (sur) or Bond and BG upto 5% of Bond Value
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Security requirement for B-17 bonds: units may execute the bond with reduced security via bank guarantee or cash.
Where 100% EOUs and EPZ units cannot furnish the prescribed individual or corporate surety for the B-17 bond, they may execute the bond coupled with security equal to five per cent of the bond value, furnished as a bank guarantee, cash deposit or other government recognised mode of security.
HB Vol.1 - DEPB Rate list - Appendix 28A
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DEPB credit rates updated: Annexures fix applicable rates, corrected product descriptions and value caps for export entitlement calculations.
Notification of DEPB credit rates sets product-specific rates and value caps in Annexure A and Annexure B as the operative schedules for calculating DEPB entitlements. Corrigenda to earlier public notices correct export product descriptions, amend value caps and delete or correct specified DEPB entries. The amended schedules and corrigenda apply for the respective export periods indicated and form part of Appendix 28A for entitlement calculation.
Classification of seafood and Aquaculture processed food within the definition of food processing
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Food processing classification: seafood and aquaculture processed food qualify for zero duty EPCG benefits when capital goods meet threshold.
Processed seafood and aquaculture products are classified within food processing, and exporters of such products qualify for the zero duty EPCG scheme provided the value of capital goods meets or exceeds the scheme's prescribed threshold; this administrative clarification is communicated to customs and licensing authorities.
Nomination of representatives of Service Tax Sector in the Regional Advisory Committees — Instructions
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Nomination of Service Tax representatives: Central Excise units may co opt limited ad hoc members pending separate Service Tax commissionerates.
Pending the creation of separate Service Tax Commissionerates, Central Excise Commissionerates may co opt on an ad hoc basis up to three members from the Service Tax sector in consultation with the Zonal Chief Commissioner of Central Excise; existing Board instructions for RAC (OS) and RAC (SSI) remain unchanged.
403/36/98 - 17-06-1998 Central Excise
Nomination of representatives of Service Tax Sector in the Regional Advisory Committees - Instructions
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Service Tax representation in Regional Advisory Committees permitted temporarily with limited co-opted members until separate commissionerates operate.
Temporary administrative authorization permits Central Excise Commissionerates to co-opt representatives of the Service Tax Sector into Regional Advisory Committees in consultation with the Zonal Chief Commissioner, subject to a prescribed ceiling, as an interim measure pending the formation of separate Service Tax Commissionerates; existing instructions for RAC(OS) and RAC(SSI) remain unchanged.
Service Tax — Creation of Cell for Service Tax work outside the Commissionerate Hqrs.
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Delegation of service tax administration: divisional assistant commissioners to handle registrations and assessments under revised local jurisdictions.
The central Service Tax cell at Commissionerate headquarters is abolished and Assistant Commissioners, Central Excise in divisional offices are delegated the powers of Assistant Commissioner (Service Tax) to handle registrations, returns, assessments and related service tax work within their respective jurisdictions; divisional cells will operate under the supervision of the divisional Assistant Commissioner who may allocate tasks to existing supervisory, inspector and ministerial staff for effective handling.
Monitoring of export obligation against EPCG Licences
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Export obligation monitoring requires licence-holders to file periodic progress reports and authorities to submit consolidated monthly statements.
RLAs must follow Handbook procedures to monitor export obligation under EPCG licences (applicable to licences issued on or after 5 June 1995). Licence-holders under 15%/10% EPCG must submit annual progress reports within three months from each year's expiry starting the second year; Zero Duty EPCG holders must submit reports within three months from each block's expiry starting the second block. After scrutiny RLAs notify customs on EO fulfilment and send consolidated monthly statements to DGFT with licence, CIF, EO and sectorwise details.
Reopening of Assessment
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Reopening of assessments requires prior approval before changing established assessment practice to prevent routine show cause notices.
Assessments must not be reopened or show cause notices issued as a routine; assessing officers who propose to change an established practice of classification or assessment must present full facts to the Commissioner and obtain prior approval before altering the established practice.
Instruction for improving communication between department and the public/trade and providing quality service
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Two-way communication: email and fax requests must be acted on and trade queries answered within four weeks.
Customs directs that all communications from importers sent by fax, e-mail, post or courier be acted upon; fax/e-mail copies of certified invoices and documents may be accepted for clearance; appointments and confirmations may be handled by e-mail or fax; e-mail queries should be answered by e-mail where possible; trade queries must be answered within four weeks; and each Assistant Commissioner must have maintained e-mail connectivity with wide publicity of departmental e-mail addresses.
402/35/98 - 09-06-1998 Central Excise
Filing of Civil Appeals against CEGAT Orders involving rate of duty and valuation Review/Scrutiny by the Board-Instructions
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Appeal Filing Requirements: ensure legible documentary record and timely transmission to prevent rejection and delay in appeals.
Proposals for filing civil appeals must reach the Board promptly and include clearly legible copies of all relevant documents-show-cause notices, original orders, appeal orders, Board instructions referred to, and relied-upon judgments-since illegible or incomplete papers hinder scrutiny and can delay filing; failures or omissions in providing legible copies or timely transmission will be viewed seriously and responsibility fixed if they cause appeals to be filed beyond the prescribed period.
401/34/98 - 09-06-1998 Central Excise
Steps for reducing litigation and review orders passed by Commissioner (Appeals) and CEGAT - Instructions
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Appeal restraint policy: require thorough review and reasonable prospects before recommending departmental appeals to higher forums.
Instructions require Chief Commissioners and Commissioners to monitor recurring disputes, differential classification or valuation practices, and conflicting judicial views, report them to the Board for corrective action, and follow Board-issued uniform guidelines. Appeals against Commissioner (Appeals) and Commissioner orders should be recommended only after thorough scrutiny, full application of mind, and a reasonable prospect of success; routine or technical appeals must be avoided, and civil appeals to apex courts should meet established criteria to prevent avoidable litigation.
400/33/98 - 09-06-1998 Central Excise
Liberalisation of filing declaration for small scale units . Declaration to be filed only once. No declaration needed so long the clearances do not exceed full exemption limit minus Rs.10 lakhs
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Exemption from registration declaration: small manufacturers relieved where clearances fall below specified limit; declaration required only once.
Declaration required under the exemption from registration is to be filed only once; small manufacturers whose clearances do not exceed the specified limit are exempted from filing the declaration. The specified limit equals the full exemption limit minus a fixed amount, where the full exemption limit is the value up to which goods are wholly exempt from excise duty under the relevant notification.
HB Vol.1 amended - EPCG Scheme - DES - Appendix 32
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EPCG scheme amendments require additional fee for excess CIF and duty plus interest for under utilisation.
Amendments to the Handbook require originals of applications for committee consideration to be filed with regional licensing authorities and attested copies with committees; additional fee where CIF utilised exceeds licence CIF; obligatory payment of full customs duty plus 24% interest per annum if EPCG utilisation is below 90% of the zero duty threshold with proof to the licensing authority within one month; clarification that 24% interest means 24% per annum. Procedural updates address endorsements, DEPB transferability, appendices for certification agencies, and delegated consideration for Electronics and Software EPCG applications.
Central Excise - Exemption from Pre-authenticating the Invoices - Regarding
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Invoice pre-authentication exemption for high-duty payers in PLA permitted by commissioner orders under amended rule.
Commissioners are empowered by a proviso to exempt an assessee or class of assessees from pre-authenticating invoice foils and from intimating invoice serial numbers by general or special order. The Board designates eligible a class of assessees defined by high duty payments into their PLA in a financial year and reiterates that the exemption is restricted to that class.
HB Vol.1 - DEPB Rate list - Appendix 28A
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DEPB Scheme rates notified for listed export items, effective mid April, with specific formulation calculation rules applied.
Notification under paragraph 4.11 of the Export and Import Policy, 1997-2002, integrates an annexure into Appendix 28A to prescribe item wise DEPB credit rates effective for exports on or after 15 April 1998, corrects a product description in a prior notice, and sets rules for pharmaceutical formulations including a default rate where no specific rate exists, a 75% of mean rule for multi-bulk drug formulations, and specified nil rate exceptions.
TEXTILE PRODUCT
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DEPB entitlement limited by product classification and currency convertibility, excluding non-repatriable and escrow proceeds for exports.
DEPB entitlement for processed cotton madeups depends on specific DEPB serial numbers and export dates: specified non-grey madeups fall under S.No.69 for designated export periods while non-specified items are classifiable under S.No.72 for the intervening period; specific listings override generic entries. Value caps apply from their notifying Public Notice and Present Market Value restrictions remain. Time limits for claims apply where rates are notified retrospectively. DEPB is limited to exports realised in freely convertible currency; non-repatriable or escrow/countertrade proceeds do not qualify.
399/32/98 - 02-06-1998 Central Excise
Commissioner to assign units paying revenue (PLA) exceeding Rs.5 crore per annum to ADC/DC by name for verification of correctness of scrutiny of returns. No SCN to be issued to these units without the approval of concerned ADC/DC
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Senior-officer verification of high-revenue units' return scrutiny mandated; Show Cause Notices barred without ADC/DC approval.
Commissioners must assign high-revenue PLA units to named Additional Commissioners/Deputy Commissioners for six monthly verification of RT-12 return scrutiny, with the Commissioner personally monitoring the programme. No Show Cause Notice shall be issued to these units without the approval of the concerned Additional Commissioner/Deputy Commissioner to reduce short assessments and incorrect modvat credit claims.
398/31/98 - 02-06-1998 Central Excise
Refund claims should be disposed of within three months. No refund claim to be withheld on the ground that appeal has been filed unless stay has been obtained
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Refund claim disposal: require sanction within statutory period and bar withholding due to appeal absent a stay.
Refund claims must be disposed of and sanctioned within three months of receipt to avoid interest liability; responsibility for delays must be fixed. Refunds or rebates must not be withheld merely because an appeal has been filed, except where a formal stay has been obtained, and Commissioners must urgently seek stays in cases involving serious infirmities and large refunds. Refunds must not be withheld to augment revenue or meet targets, and officers are directed to follow these instructions strictly.
397/30/98 - 02-06-1998 Central Excise
Production Based pattern of Control - Types & extents of Checks Instructions
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Frequency of compliance visits revised: inspectors and superintendents require prior permission and staggered inspection intervals.
Revision of Production Based Control inspection protocol: Inspectors in a Range shall conduct prescribed PBC checks with the Range Superintendent's prior permission at monthly intervals, while the Range Superintendent shall visit units at bi monthly intervals; routine visits require Assistant Commissioner authorization. Existing instructions for SSI unit visits remain unchanged and prior circulars are modified.

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