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Circulars
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Central Excise – Delay in issue of Adjudication order/Appellate order after personal hearing
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Timely issuance of adjudication orders required after personal hearings; supervisory mechanisms must ensure orders within prescribed timeframes.
Decisions on adjudication and appellate matters should be communicated promptly after personal hearings; if immediate communication is not possible the order must be issued within a limited extended period from the date of hearing. Chief Commissioners and Commissioners must implement supervisory mechanisms to ensure strict compliance with these timelines, and failures to adhere to the prescribed time limits will be viewed seriously; field formations are to be informed and to acknowledge receipt.
24/2003 - 04-08-2003 Companies Law
Companies (Central Government's) General Rules and Forms (Third Amendment) Rules, 2003 - Increase in sitting fee.
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Increase in sitting fee under companies rules circulated to Regional Directors and Registrars for implementation.
Increase in sitting fee under the Companies (Central Government's) General Rules and Forms effected by The Companies (Central Government's) General Rules and Forms (Third Amendment) Rules, 2003 as notified by G.S.R. 580(E). The Ministry of Finance, Department of Company Affairs has circulated this notification to all Regional Directors and Registrars of Companies for information and necessary action and requested acknowledgement of receipt.
Amendment/correction in the schedule of DEPB rates
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DEPB rate amendments revise engineering and textile product entries, correcting descriptions, rates and adding new entitlements.
Public Notice No. 22(RE-03) amends the DEPB schedule: Engineering (Code 61) entries revised-Sl.65 to "Ferrous Automotive Products," Sl.121 to "Collar of MS Sheet," Sl.437 corrected to "Steel Hinges Bar Type" with specified DEPB rate and value cap effective 1.4.2003; Sl.498 description amended for specified steel backed copper alloy bearings; new Sl.584 "Nickel Screen" inserted with a DEPB entitlement. Textile (Code 89) Sl.36-A description amended to "Woollen blended shawls/scarves/mufflers containing wool and polyester/viscose."
All Stock Exchanges, Depositories and Custodians
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Settlement mode change: selected scrips to move from trade-for-trade into normal rolling settlement in phased transfers.
SEBI mandates that scrips which have established connectivity with both depositories be reclassified from the trade-for-trade settlement window into the normal rolling settlement regime; eligible companies listed for immediate transfer are to commence trading under normal rolling settlement forthwith, while additional scrips meeting connectivity are to be shifted in phased tranches by the respective stock exchanges according to the regulator's schedule.
Revised Central Excise Audit Manual
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Central Excise audit procedures revised, prescribing risk based selection, mandatory annual audits for EOUs and uniform audit durations.
The revised Central Excise Audit Manual updates EA 2000 procedures to incorporate modern audit techniques and IT, omits the general Audit Protocol chapter while preserving existing protocols until expiry, and adjusts risk analysis by excluding exempted clearances from dutiable clearances for the R2 factor while retaining certain exempted categories and export under bond. It merges audit cells, clarifies multi locational audits, sets selection limits for reference units, fixes retrospective audit period to the previous audit or five years, mandates annual audits for EOUs, and prescribes uniform audit durations and frequencies.
Fixation and modification of input and output norms
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Prior import condition restricts issuance of advance licences for certain spices to specified export-linked approvals.
Amends Handbook of Procedures to require that Advance Licences for cloves, cinnamon and cassia be allowed only when linked to specified export products and that licences for cloves be issued with a prior import condition; further requires that Advance Licences for cardamom under the identified Handbook provisions be issued by Regional Licensing Authorities only under a prior import condition for cardamom.
Fixation and modification of input and output norms
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Input output norms modification updates SION entries and adds new input/output specifications across chemicals and engineering products.
The Director General of Foreign Trade, exercising delegated authority under the Export and Import Policy, amends the Standard Input Output Norms in the Handbook of Procedures by substituting, correcting and adding SION entries. The Public Notice introduces new SIONs for Chemicals and Allied Products and for Engineering Products, revises import input lists and permitted quantities, adds alternative inputs and ancillary items, and attaches footnotes and CIF value restrictions and percentage allowances for coatings and fuels.
Excisability of Press Mud arising during manufacture of sugar – Adjudication of cases
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Excisability of press-mud found unsupported by marketability evidence, prompting departmental acceptance of non-excisable status and instructions.
The Supreme Court held that press-mud arising during sugar manufacture is not excisable because the Department failed to produce evidence of marketability. The Department has accepted that verdict and instructed Commissioners to decide pending cases accordingly, having earlier directed issuance of protective demands pending final adjudication.
Amendment in the Handbook of Procedure Vol. I
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Duty free import entitlement for agrochemical exporters conditioned on export turnover and DSIR-registered R&D, subject to verification.
Amendments permit duty free imports under Customs Notification No.21/2002 up to 1% of preceding-year FOB exports for agrochemical manufacturers with preceding-year export turnover of Rs.20 crore or more, conditional on having an R&D wing registered with the Department of Scientific and Industrial Research; applicants must submit Appendix 34A to the Regional Licensing Authority, provide a Chartered Accountant-countersigned declaration, and undergo RLA verification. The changes also prohibit arms-related trade with Iraq, bar listed exports to Libya, amend DEPB procedures for defective goods to permit re-export with a 98% credit certificate and fresh DEPB issuance, correct an installation/non-transfer undertaking, and allow limited revalidation of certain textile DEPBs except in cases of fraud or adjudication.
Eligibility of Blank Intra Ocular Lenses under Notification No. 21/2002-Cus.
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Eligibility of blank intraocular lenses for customs exemption affirmed due to retained optical properties and limited post-import work.
The Board clarifies that a Blank Intra-Ocular Lens, produced from medical-grade PMMA and presenting the finished lens's optical and functional properties at import, is to be treated as an "Intra-Ocular lens" for tariff purposes because post-import activities (right-sizing haptics, sterilisation and packing) do not change lens properties, and therefore it is eligible for the customs exemption under the cited notification.
Search & Siezure - Matters relating thereto.
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Search authorisation standards: searches limited to credible evidence or serious conspiracies and require DGIT (Inv.) approval.
Searches are limited to cases with credible evidence of substantial undisclosed income/assets or significant concealment, and to conspiracies causing public harm; searches of prominent professionals require compelling proof. Searches must be authorised only by the concerned DGIT (Inv.), who is accountable, and the Investigation Wing must complete post-search enquiries, appraisal reports, and handing over of seized accounts within a prescribed period. DGIT (Inv.) must ensure competent, integrity-checked personnel, specialised NADT training, and strict compliance.
Hon’ble Supreme Court judgment in the case of CCE Ahmedabad Vs Nirma Chemical Works Ltd.
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Classification of spent sulphuric acid as sulphuric acid for tariff purposes affirmed, affecting duty treatment of by product waste.
Spent sulphuric acid produced as a by product during manufacture, when a separate chemically defined compound, is classifiable as sulphuric acid for tariff purposes rather than as miscellaneous chemical waste, and that classification governs excise treatment and the applicability of exemption claims for use in fertilizer manufacture.
Use of Electronic Departmental Communication System (E-DECS)
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Mandatory use of electronic departmental communication requires officers to check messages daily and enables centralized MIS monitoring.
Board mandates institutional adoption of E-DECS, a communication system that shows which addressees have read messages, automatically tabulates replies, and maintains a permanent record for non-repudiation. All offices with assigned IDs must use the system for routine intra-departmental communication and view messages daily; supervisory officers may monitor login compliance. E-DECS will be used as a Management Information System and usage will be actively monitored, with support contact information provided.
Operationalisation of the Provision of Chapter X A of the Customs Act, 1962- Issuance of SEZ Rules and Regulations- Reg
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SEZs treated as foreign territory: supplies to and from SEZs are governed by customs law, altering export import treatment.
Chapter XA and the SEZ Rules/Regulations treat Special Economic Zones as foreign territory for customs purposes so that supplies from DTA to SEZ are exports and supplies from SEZ to DTA are imports, governed by the Customs Act and Customs Tariff Act rather than the Central Excise Act; goods admitted to SEZs are exempt from customs duties by statute, units and developers must execute bonds and maintain accounts, goods must be utilised/reexported/cleared within five years or duty and interest apply, and specific procedural, monitoring, transfer, temporary removal and closure rules govern SEZ operations.
Guidelines for compounding of offences under Direct Tax Laws-Amendments—regarding
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Compounding of tax offences: expanded delegation and reduced fees, easing settlement of direct tax violations.
Procedural amendments consolidate compounding of technical offences with CCIT/DGIT, remove the first-offence distinction, and prohibit rejection of applications when guideline conditions are met; referral to the Ministry of Law for higher-value substantive offences is abolished. Compounding fees for specified offences are substantially reduced as detailed, and the amendments apply to future and pending cases except those already compounded, extending mutatis mutandis to other Direct Tax Laws.
Classification/Excisability of Technical grade pesticides, etc
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Classification of technical grade pesticides affirmed under chapter 38.08, directing reassessment and finalisation of pending cases.
A prior Board circular excluded technical grade pesticides in bulk from Chapter 38.08, proposing assessment under general chemical chapters or heading 38.23; after litigation the appeal was dismissed and the appellate determination classifies technical grade pesticides in bulk under Chapter 38.08, which the Board has accepted and directed finalisation of pending cases and notification to trade and field formations.
Delay in release of Telegraphic Release Advice (TRA) Under Advance License/DEPB/DFRC Schemes – reg
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Telegraphic Release Advice issuance: TRA may be granted on declared import value while port of import verifies eligibility.
TRA under Advance License/DEPB/DFRC schemes may be issued by the Customs House at the port of registration without requesting invoice, packing list or bill of lading, based on the import value declared by the licence holder. The port of registration shall notify the Customs House at the port of import, which bears responsibility to decide on validity, eligibility and importability of the goods using import documents and the relevant licence.
Disposal of Hazardous Waste – Public Interest Litigation in WP No.675/1995 in the matter of Research Foundation for Science, Technology & Natural Research Policy Vs Union of India and Others – Reg
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Disposal of hazardous waste: maintain status quo; adjudication and confiscation proceedings stayed pending final judicial determination.
A pending writ petition on import and disposal of hazardous waste requires maintaining the status quo: disposal of hazardous consignments at ports/ICDs/CFSs must not proceed until final judicial determination. Adjudication and confiscation under the Customs Act are to be held in abeyance because key issues on disposal and sale remain undecided and confiscation would transfer ownership and responsibilities to the Central Government.
Acceptance of self-declaration as to the non-availment of Cenvat facility for extending the duty drawback
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Self-declaration of non availment of Cenvat accepted for duty drawback; random Central Excise verification and penalties follow.
Self declaration of non availment of Cenvat is acceptable in place of a Central Excise certificate for duty drawback claims by non registered manufacturer exporters and merchant exporters supported by non registered manufacturers, and the same approach applies to pending cases; selected declarations will be sent for random verification by Central Excise and mis declarations will attract exemplary penalties.
25/2003 - 25-07-2003 Companies Law
Reconstitution of Committee to administer the Investor Education and Protection Fund
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Reconstitution of Investor Education and Protection Fund Committee amends prior notification; regional directors and registrars notified to acknowledge.
Reconstitution of the Investor Education and Protection Fund administration is effected by amending an earlier Gazette notification; Notification S.O. 815(E) dated 17.07.2003 amends Notification S.O. 1280(E) of 2001 and directs Regional Directors and Registrars of Companies to take necessary action and acknowledge receipt.

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