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    11/88 - 11-02-1988 Central Excise
    Dispensing Bank Guarantees for export bonds in respect of regular exporters - Instruction reg.
    10/88 - 10-02-1988 Central Excise
    Separate serial numbers for Non-Tariff Notifications - Instructions regarding
    Defective documents - Registrars are advised to ignore minor defects where basic information is available is duly signed and filing fee paid
    System of pre-acceptance procedural scrutiny of documents introduced
    Registrars have been advised that while levying additional fee for belated documents filed in the case of small companies, a lenient view may be taken
    9/88 - 09-02-1988 Central Excise
    Adjustment of credit in respect of duty paid for the period prior to 1-3-1986
    3/88 - 09-02-1988 Central Excise
    Classification of tyre-bead-wire-rings manufactured out of duty paid copper coated steel wires - Reg.
    Filing of declaration under Rule 57G - Clarification regarding
    Allotment of shares of Public Issue to be Listed ‑ Despatch of refund orders to applicants against public issue of share capital ‑ Instru...
    Central Excise - Classification of Rubber Solution - Regarding
    Deduction of tax at source-Income-tax deduction from salaries during the financial year 1987-88 under section 192 of the Income-tax Act, 1961
    2/88 - 08-02-1988 Central Excise
    Chopped Stranded mats classifiable under sub-heading 7014.00
    Order under section 119(2)(b) of the Income-tax Act, 1961-Condonation of delay in filing refund claims-Authorisation to the Income-tax Officers
    Belated refund claims.
    Change of previous year relevant to the assessment year 1988-89--Request regarding
    Valuation (Central Excise) - Maintenance and service charges in respect of durable and returnable packing
    7/88 - 01-02-1988 Central Excise
    Showing of progressive total in invoices issued by exempted units - Instructions regarding
    4/88 - 01-02-1988 Central Excise
    Submission of Questionnaire while filing price-lists - Instructions regarding
    Recovery of overtime fee - Instructions regarding
    Manufacture - Dissolving duty paid magnesium chloride in powder form in water to obtain a solution of Magnesium chloride
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11/88 - 11-02-1988 Central Excise
Dispensing Bank Guarantees for export bonds in respect of regular exporters - Instruction reg.
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Dispensing bank guarantees for export bonds granted; registered exporters including export houses exempted from security requirement.
The Board has dispensed with the requirement that registered regular exporters, including export houses, furnish bank guarantees or securities for export bonds under rules 13 and 14 of the Central Excise Rules, 1944, and directed that a Trade Notice be issued to inform the trade of this exemption.
10/88 - 10-02-1988 Central Excise
Separate serial numbers for Non-Tariff Notifications - Instructions regarding
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Separate serial numbering for Non-Tariff Notifications required, with prescribed "(N.T.)" suffix and format for clarity.
Allocation of separate running serial numbers is mandated for Non-Tariff Notifications under the excise regulatory framework, excluding notifications issued under a specified rule-based provision; each Non-Tariff Notification must use the prescribed numbering format with the abbreviation "(N.T.)" appended, and a Trade Notice should be issued to inform the trade.
Defective documents - Registrars are advised to ignore minor defects where basic information is available is duly signed and filing fee paid
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Acceptance of defective filings: minor defects may be ignored when basic information, signature and filing fee are present.
Registrars should accept company filings that contain minor defects provided the basic information is available, the document is duly signed and the filing fee paid; procedural staff must prioritise the essential content and not reject filings for peripheral deficiencies. This liberal approach applies to annual returns-where lists of members and directors at the meeting date are decisive-and to filings reporting meetings or director changes, where the name of the director and the date of appointment or cessation suffice for acceptance.
System of pre-acceptance procedural scrutiny of documents introduced
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Pre-acceptance procedural scrutiny: in-person filings returned with defects indicated, postal filing practice unchanged.
A pre-acceptance procedural scrutiny system requires registrars to examine documents before acceptance; defective documents presented in person must be returned by hand with defects indicated for remedy. Offices should implement the system and work out modalities in consultation with the Regional Director, while the existing defect-notification practice for postal filings continues.
Registrars have been advised that while levying additional fee for belated documents filed in the case of small companies, a lenient view may be taken
Show AI Summary
Lenient fee levy for late company filings: small companies with short delay or poor finances may have delays condoned without extra charge.
Registrars should adopt a lenient approach under the Companies Act provision on additional fees for belated filings, especially for small companies. Where paid-up capital is below the small-company threshold and delay is short, finances are poor, or the company is not carrying on business, documents should be accepted and delay condoned without levying additional fee or issuing formal notice. For larger companies requiring a qualified company secretary, a selective approach to fee levy is advised.
9/88 - 09-02-1988 Central Excise
Adjustment of credit in respect of duty paid for the period prior to 1-3-1986
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Adjustment of credit: Modvat upward variation disallowed where original proforma credit was taken; recover excess credits.
The Board holds that where an original credit was taken under the earlier proforma mechanism prior to conversion to the Modvat ledger, subsequent upward variation of Modvat credit is not permissible; later amendments allowing upward variation do not apply to such pre existing credits. Collectorates should review similar cases and recover any excess Modvat credit taken.
3/88 - 09-02-1988 Central Excise
Classification of tyre-bead-wire-rings manufactured out of duty paid copper coated steel wires - Reg.
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Classification of tyre-bead-wire-rings as other articles of iron or steel directs their classification under the appropriate subheading.
Tyre-bead-wire-rings manufactured from duty paid copper coated steel wires, made by cutting, interlocking and tying bead wire for use in tyres, are classifiable as other articles of iron or steel under the CET heading corresponding to the HSN Explanatory Notes and should be treated under the applicable miscellaneous subheading for such iron or steel articles.
Filing of declaration under Rule 57G - Clarification regarding
Show AI Summary
Declaration under Rule 57G: Detailed input and final product descriptions required for Modvat credit; past cases assessed on records.
Declaration under Rule 57G for claiming Modvat credit must state descriptions and sub headings for both inputs and final products; broad chapter headings alone are insufficient. For past cases, Collectors may allow credit where private or statutory records prove receipt and use of inputs and a declaration with broad descriptions was filed.
Allotment of shares of Public Issue to be Listed ‑ Despatch of refund orders to applicants against public issue of share capital ‑ Instructions to act upon complaints regarding non‑refund
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Refund obligations for public issue applications demand prompt repayment with interest and regulatory enforcement for non compliance.
Obligation to refund application monies under section 73 requires repayment within ten weeks of the subscription list closing, with interest for delayed payments; regulators must act on investor complaints, coordinate with Stock Exchanges, issue show cause notices or prosecute directors where appropriate, inspect company records to verify compliance, and file a report three months after subscription closure detailing complaints and actions taken.
Central Excise - Classification of Rubber Solution - Regarding
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Classification of rubber solution: organic solvents exclude natural rubber heading, so solutions qualify as compounded rubber under tariff.
Organic solvents remove the product from classification as natural rubber under Heading No. 40.01 because note 5(b) does not cover solvents and note 3's primary-form treatment does not apply to 40.01; a solution of natural rubber in an organic solvent cannot be treated as a primary form. As the dissolved rubber forms a homogeneous solution capable of being treated as compounded rubber, the Board views such rubber solution as classifiable under sub-heading 4005.00 of the Central Excise Tariff.
Deduction of tax at source-Income-tax deduction from salaries during the financial year 1987-88 under section 192 of the Income-tax Act, 1961
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Deduction at source from salaries: employer may deduct tax on aggregate salary when employee has multiple employers, subject to disclosure.
Employers must deduct tax at source on salary payments and, where an individual has multiple employers or changes employers, a chosen employer may deduct tax on the aggregate salary after the employee furnishes verified details of prior salary and tax deducted. Government and public sector payrolls may allow relief for arrears or advances before deduction, and an employee may provide particulars of other income so the employer can deduct tax on total income provided the total deduction is not less than tax deductible on salaries alone; implementing rules have been notified and Form 10E must be attached to annual TDS certificates.
2/88 - 08-02-1988 Central Excise
Chopped Stranded mats classifiable under sub-heading 7014.00
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Classification of non-woven fabrics confirmed for chopped stranded mats, securing entitlement to excise exemption under tariff rules.
Chopped stranded mats, produced by depositing chopped glass fibres into a random web and bonding them with synthetic resin to form a dried non-woven fabric, are properly classifiable as non-woven textile fabric and are entitled to the full exemption under the relevant Central Excise notification, with technical reports and sample examination supporting this classification.
Order under section 119(2)(b) of the Income-tax Act, 1961-Condonation of delay in filing refund claims-Authorisation to the Income-tax Officers
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Belated refund admission expanded for small withholding-tax refunds, subject to carry-forward, supplementary and assessment conditions.
Income-tax Officers are authorised to admit belated refund claims arising from tax deducted at source up to the stated monetary limit where (i) the refund results from specified withholding provisions and does not exceed that limit, (ii) the returned income is not a loss claimed for carry forward, (iii) the claim is not supplementary after original assessment, and (iv) the income is not assessable in another person's hands; effective from the stated date.
Belated refund claims.
Show AI Summary
Belated refund claims approval procedure updated: higher-level authority approval required for larger refunds beyond standard officer limits.
The Board's order, effective 10.2.88, raises the monetary band for belated refund claims and requires that refunds above the prior officer threshold but within the new upper band obtain prior approval of the Chief Commissioner, who will exercise administrative control and ensure compliance with Board conditions; refunds at or below the prior lower threshold continue to require Commissioner approval under earlier instructions.
Change of previous year relevant to the assessment year 1988-89--Request regarding
Show AI Summary
Change of previous year permitted to extend accounting period for transitional assessment, subject to no loss of revenue.
Assessing officers should liberally permit taxpayers to change or extend their accounting year so the previous year relevant to the assessment year 1988 89 ends on 31 March 1988, under the statutory provision allowing change of previous year, provided the longer previous year does not cause any loss of revenue; officers must publicise this option to taxpayers and trade associations.
2/88-CX.1 - 02-02-1988 Central Excise
Valuation (Central Excise) - Maintenance and service charges in respect of durable and returnable packing
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Retention charges inclusion in assessable value directs inclusion of penalty-like charges for durable returnable packing pending final adjudication.
Charges labelled as retention charges for durable and returnable packing are to be included in the assessable value of the goods. The Board reiterates prior instructions on maintenance and service charges, does not accept the tribunal's deduction view, has filed a Special Leave Petition, and directs that related demands may be raised and kept pending the Supreme Court's decision.
7/88 - 01-02-1988 Central Excise
Showing of progressive total in invoices issued by exempted units - Instructions regarding
Show AI Summary
Progressive total requirement for invoices of exempted small scale units to track clearance quantity and value.
Invoices and clearance documents issued by exempted Small Scale Units must show the progressive total of quantity and/or value of excisable goods cleared during the financial year; Collectors of Central Excise are to ensure compliance and issue suitable trade notice to inform the trade.
4/88 - 01-02-1988 Central Excise
Submission of Questionnaire while filing price-lists - Instructions regarding
Show AI Summary
Valuation questionnaire requirement: price-lists must be filed with a completed questionnaire to ensure accurate assessable value declarations.
All price-lists submitted to Central Excise must be accompanied by a duly completed and signed questionnaire under Section 4 collecting details on post-clearance monetary considerations, related-party dealings, charges collected by buyers, expenses borne by buyers, advances or deposits, supply of exempt goods with excisable goods, excess deductions for freight or insurance, assessable value declarations and historical value variation, packing charge declarations, and parity of excise duty collection, to facilitate early finalisation of price-lists and to aid detection of misdeclaration or suppression of facts.
Recovery of overtime fee - Instructions regarding
Show AI Summary
Supervision requirement for physical-control goods: overtime fees apply for clearances outside normal working hours and on holidays.
Cut-tobacco is a physical control commodity; all removals require supervision by local Central Excise officers. No overtime fee applies for supervision during normal working hours, but overtime fees must be recovered for supervision carried out outside normal working hours or on holidays and Sundays in accordance with the Central Excise Rules.
Manufacture - Dissolving duty paid magnesium chloride in powder form in water to obtain a solution of Magnesium chloride
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Magnesium chloride identity preserved: solution made from duty-paid powder is not manufacture and attracts no fresh duty.
Dissolving duty paid Magnesium Chloride powder in water yields a solution that remains Magnesium Chloride and does not create a new commodity; this process is not a manufacturing activity, and no fresh excise duty is leviable on the solution when derived from duty paid Magnesium Chloride.

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