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Circulars
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439/5/99 - 08-02-1999 Central Excise
All preparations for lemonades or other beverages for use in the manufacture of aerated water, generally known as soft drink concentrate/beverage bases, are correctly classifiable under Sub-heading 2108.10
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Classification of soft drink concentrates confirmed under specific tariff sub-heading; apply classification to beverage bases for aerated water.
All preparations for lemonades or other beverages intended for use in the manufacture of aerated water, generally known as soft drink concentrate or beverage bases, are correctly classifiable under the specific tariff entry at sub-heading 2108.10; field formations are to be informed and receipt of the circular acknowledged.
Adverse Policy Amendments
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Policy amendments: transitional protection for exporters, revised documentation, charitable import relief and expanded duty exemptions for software parks.
The public notice amends export-import procedures to allow registered charitable organisations to receive and freely distribute specified donated goods from abroad; establishes that adverse policy changes do not apply to consignments already handed to Customs for examination and export up to the notice date; changes "Proforma Invoice" to "Proforma invoice/quotations"; adds IS/ISO certification agencies; replaces the Appendix 19A Memorandum of Understanding for Star/Super Star Trading House recognition; and clarifies duty-free import and concessional duty provisions for Software Technology Parks and DTA jewellery sales.
UN Schedule 3 Chemical Exports-More Agencies to be Notified
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Notification requirement for chemical exports: exporters must notify designated authorities and submit end-use certificate within prescribed timeframe.
Export of the item at entry 37 is allowed only on condition that the exporter notifies the National Authority under the Chemical Weapons Convention, the Cabinet Secretariat, the Ministry of External Affairs (D&ISA), the Department of Chemicals and Petrochemicals and the Directorate General of Foreign Trade in the prescribed Appendix 18B format, and furnishes an End Use Certificate within the prescribed timeframe following actual export.
438/4/99 - 05-02-1999 Central Excise
Monthly statement of revenue receipt received from the Range officers will be reconciled by the Chief Accounts Officer with figures booked by the pay and accounts officer in his monthly account
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Revenue reconciliation: Chief Accounts Officer must reconcile monthly revenue statements with Pay and Accounts Officer bookings.
The Board substituted Paragraph 4.2 to require that the monthly Statement of Revenue Receipts received from Range Officers be reconciled by Chief Accounts Officers with figures booked by the Pay and Accounts Officer in his monthly account, resolving inconsistency about checking original TR 6 challans and confirming originals remain with the PAO.
Amendments in Schedule 2 Appendix 1 of ITC (HS) Classification of Export & Import item 1997-2002
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Export condition: Peanuts to European Union allowed subject to APEDA registration and aflatoxin control certificate.
Amendment to Schedule 2 Appendix 1 permits peanut exports to the European Union only if exporters obtain compulsory registration of contracts with the designated agricultural export authority and provide a controlled aflatoxin level certificate issued by agencies or laboratories nominated by that authority.
Parameters for functional distribution of work relating to assessment of cases involving returned/last assessed income of Rs. 2 lakhs and above but below Rs. 5 lakhs in respect of moffusil stations having no officer at the level of Assistant Commissioner/Deputy Commissioner.
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Jurisdiction of Income Tax Officer maintained in rural stations to avoid transfer and file movement when income threshold changes.
The Board directed that where moffusil stations have no Assistant Commissioner/Deputy Commissioner, the Income Tax Officer will continue to exercise jurisdiction over cases already under his charge even if the returned or last assessed income rises into the higher bracket that would otherwise bring the matter within an Assistant Commissioner/Deputy Commissioner's work area; the instruction is administrative, limited to cases already under ITO jurisdiction, and takes effect from 1.4.99.
Availment of Drawback simultaneously with DEPB- Further Clarification
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Drawback admissibility limited to cash payment; no drawback against DEPB or passbook duty debits under exemption.
Simultaneous availment of drawback with DEPB or Passbook debits is allowed only as permitted by Circular No. 68/97-Cus. The brand rate of drawback is payable solely against actual cash payment of customs duties; debits in a DEPB Book or Passbook represent an exemption notification rather than payment and therefore do not qualify for drawback.
Search and Seizure cases- release of seized assets
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Release of seized assets permitted where declared in books or secured by unconditional bank guarantee, subject to assessment and prosecution.
Seized assets shown in regular books may be released subject to recovery of arrears. Jewellery and perishable stocks can be released if an unconditional irrevocable bank guarantee for the full value, as valued by the Income-tax Department, is furnished; the guarantee must remain valid until completion of assessment proceedings and tax collection and may be enforced by the Department at any time. Assets with specific evidentiary value shall not be released until prosecution proceedings conclude.
Proper utilization of information contained in the audit report submitted u/s. 44AB of the Income-tax Act, 1961.
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Audit report compliance: verify obligations, link reports to returns, impose penalties, and conduct supervisory reviews.
Enforce section 44AB by verifying audit-report obligations at processing, initiating section 271B penalties for delays or failures, and examining each audit report at section 143(1)(a) processing and at completion under section 143(3) to identify adjustments or additions to income. Report incomplete or non-committal audit reports to the CIT for possible professional negligence and disciplinary action under section 288, maintain a register linking separately filed audit reports to returns, and undertake supervisory reviews to ensure proper utilisation of audit information.
Condition governing import of onions and Soyabean in split and cracked form
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Quarantine restrictions apply to imports of onions and soybean in split or cracked form, regardless of import permission.
Import of onions and soybean in split and cracked form is subject to quarantine restrictions under the Plants, Fruits and Seeds (Regulation of Import into India) Order, 1989 issued under the Destructive Insects and Pests Act, 1914, even though Notification No. 25(RE-98)/97-02 permitted such imports without specifically mentioning quarantine conditions; importers must comply with Exim Policy obligations and other laws when importing.
Approval u/s. 10(23G) of the Income-tax Act, 1961 Monitoring of the same by the CCIT.
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Approval under 10(23G) enables tax exemption for infrastructure finance and requires CCIT monitoring with annual reports.
Approval under 10(23G) exempts dividend, interest on long term loans and long term capital gains for investments in enterprises wholly engaged in infrastructure activity, subject to Central Government approval and Rule 2E guidelines. The CCIT must monitor approved cases, send annual reports to the Board, and propose withdrawal of approval where sub rule (8) of Rule 2E applies; for new companies the CCIT may advise Assessing Officers to undertake closer monitoring to ensure compliance.
Appointment of offiicers of Directorate of Valuation as officers of Customs
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Customs authority expansion: Directorate of Valuation officers granted nationwide customs enforcement powers under Board-assigned provisions.
Directorate of Valuation officers are empowered to exercise customs enforcement authority nationwide in the same status as Commissioners, Additional Commissioners, Deputy Commissioners and Assistant Commissioners of Customs, to perform functions and powers under the Customs Act as assigned by the Board; departments must issue standing orders to inform officers and acknowledge receipt of the circular.
Extension in Export Obligation for Advance Licenses
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Export obligation extension for advance licences permits one-time relief by amending applicability and extending compliance period.
The notice grants a one-time extension of export obligation relief for bona fide default by holders of Advance Licences under the Duty Exemption Scheme, amending earlier guidance so that the relief applies to Advance Licences issued up to 30.9.1996; the amendment is made under the governing export-import policy provision and preserves the terms and conditions of the prior public notices.
437/03/99 - 20-01-1999 Central Excise
Assistant Director Cost to be involved in internal audit of large units
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Assistant Director (Cost) involvement in selective audit strengthened; services shareable across commissionerates under zonal allocation.
AD(Cost) officers must be integrated into internal audits under the Selective Audit framework to provide specialist cost accounting expertise for major, multi locational, high value or complex assessees. Where no AD(Cost) is posted, a Commissioner may requisition services through the Chief Commissioner, who will allocate AD(Cost) support in consultation with the posting Commissionerate; AD(Cost) officers should be made available to other Commissionerates in the zone for a minimum of seven working days per month.
Export of cotton yarn by EOU/EPZ units
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Export relaxations for cotton yarn allow EOUs/EPZ units greater sourcing flexibility while retaining domestic-use requirements for lower counts.
Extension of export relaxations permits EOUs and EPZ units to manufacture and export cotton yarn without prior count and sourcing restrictions for a limited period while maintaining the domestic cotton usage requirement for lower counts; prior modifications to Press Notes remain effective and investors are directed to note the revised policy and raised quantitative ceiling for lower-count exports.
Drawback-Period of payment reduced from 3 to 2 months - interest on delayed payment
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Drawback payment period reduced to two months; government to pay interest for delayed drawback claims after amendment.
The Customs (Amendment) Act, 1998 reduces the drawback payment period to two months and mandates that the Central Government pay interest to exporters where drawback is not paid within that two month period; other provisions remain unchanged and the amendment applies prospectively to claims filed on or after the Act's assent date.
Amendments in the Hand-book of Procedures (Vol.1),(RE:98), 1997-2002
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Precious metal release rules updated: exporters to receive metals in specified multiples with defined fineness and balance carryover.
Amendment prescribes that precious metals for exporters be released by nominated agencies or authorised banks in specified multiples and fineness: gold in multiples of ten grams or Ten Tola Bars, silver in multiples of one kilogram, platinum at 0.9999 fineness, with any residual balances carried forward to future entitlements.
436/02/99 - 13-01-1999 Central Excise
ADC/DC (Audit) to supervise audit of units with annual Revenue exceeding Rs.5 crores or annual modvat credit exceeding Rs. 1 crore
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Senior officer supervision of internal audits required for high-risk excise units to ensure direct oversight during audit programmes.
Directs enhanced senior-officer involvement in internal audit of excise units under the Self Assessment and Selective Audit Systems, emphasizing that audits of large or complex factories be conducted with active participation of the Additional/Deputy Commissioner (Audit). Requires Commissioners to ensure that units generating substantial revenue or claiming substantial MODVAT credit are audited under the direct supervision of the Additional/Deputy Commissioner (Audit), and authorizes such officers to visit units with intricate manufacturing complexities.
435/1/99 - 12-01-1999 Central Excise
Central Excise - Inclusion of cost of after sales services during the initial running in period of the vehicle by the dealers to their own buyers in the assessable value of the vehicle - Delhi High Court decision dated 9.9.98 in the case of M/s Hindustan Motors Ltd. v. Union of India
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Inclusion of after sales service cost: Board circular will not bind adjudicators pending reconsideration and fresh guidance.
A Delhi High Court order directed the Central Board to reconsider its Circular that required inclusion of dealers' provision for PDI and initial after sales services in the assessable value of vehicles, holding that such a circular cannot bind adjudicating authorities where it conflicts with tribunal precedent; until reconsideration and any fresh circular, adjudicating authorities need not follow the impugned Circular, and the Board has filed a special leave petition against the tribunal decision.
Placement of 99.00 MT (Ninety) of Sugar out of free sale quota of 1997-98 Seasons (October to September) for export to Jakarta, Indonesia as a donation from Govt. Of India, through Ministry of Industrial Affairs
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Export allocation of sugar for diplomatic donation placed with APEDA for registration and allocation certificate issuance.
The circular supersedes a prior release and increases the quantity of sugar from the 1997-98 season to be exported as a donation to Jakarta, Indonesia, placing the revised allocation at the disposal of the Agricultural and Processed Food Products Export Development Authority (APEDA) for issuance of Registration-Cum-Allocation-Certificate in the name of the mill or intending exporter and for operational allocation as suggested by the Ministry of External Affairs.

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