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Section 193 of the Income-tax Act, 1961--Deduction of income-tax at source from interest on securities during the financial year 1994-95--Instructions regarding
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Tax deduction at source for interest on securities requires withholding on credit or payment and strict depositor compliance.
Deduction of tax at source under section 193 must be made when interest on securities is credited or paid, with credit to any suspense or other account deemed to be credit to the payee. The Finance Act, 1994 prescribes withholding rates and a surcharge for domestic companies, while exemptions and lower deduction apply where conditions are met (listed debentures paid by account-payee cheque below the resident threshold, Form No. 15F declarations, certificates under section 197, and statutory or notified exempt securities). Deductors must deposit tax timely, issue Form No. 16A, quote TAN, file annual returns in Form No. 25, and comply with rounding and penalty provisions.
Deemed credit to Ship-breakers, denial of - Instructions regarding
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Deemed MODVAT credit denied where inputs have not borne excise duty, barring ship-breakers from claiming credit.
Deemed credit under the MODVAT mechanism cannot be allowed on scrap generated by ship breaking because such scrap has not borne excise duty; therefore the provisions permitting deemed credit are inapplicable and field formations should deny deemed credit to ship breakers for such scrap.
Service Tax — Collection of Service Tax on Telephones — Regarding
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Service tax on telephone services: decentralised SSA registration and prescribed booking and reporting obligations enforce collection procedures.
A revised procedure decentralises collection of Service Tax on telephone services to Secondary Switching Areas (SSAs), which must register individually using form ST-1 and receive form ST-2 registration certificates; SSAs must submit quarterly returns, intimate monthly collections to the Collector by the fifth of the following month, and book collected tax under the accounting head "0044-Service Tax - Service Tax on Telephone Billing" by the fifteenth, with penal interest and penalties credited to the minor-head for other receipts and no TR-6 challan used.
Forwarding of Notification No. 64-C.E. (N.T.), dated 7th November, 1994 - Regarding
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Modvat credit document acceptance: specified supplier invoices may be accepted conditionally to permit transitional credit.
The Board prescribes that invoices/documents issued by a manufacturer from his factory or depot, a wholesale distributor/dealer of the manufacturer, or an importer from his godown may be accepted as valid for allowing Modvat credit, provided they contain the details required by the relevant notifications and are issued by persons registered under the transitional registration provision; acceptance by the Assistant Collector is limited to the transitional period but pre-registration documents may be accepted if the issuer was eligible to issue such documents.
Ahmedabad Airport declared as the Customs Airport
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Customs airport designation enables import unloading and export loading under applicable customs rules and EXIM policy.
Declaration that the International Airport, Ahmedabad (including the Air Cargo Complex) is designated as a Customs Airport and is open for unloading of imported goods and loading of export goods, subject to observance of all customs rules, procedures and the prevailing EXIM policy; this supersedes the earlier public notice governing customs operations at the airport.
Classification of Sugar Syrup produced in the intermediate stage in the manufacture of aerated water and Ayurvedic Medicines under sub-heading 1702.30 of Central Excise and Tariff Act, 1985
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Excisability of sugar syrup: intermediate-stage syrup classified as dutiable under the tariff, attracting central excise liability.
The Board clarifies that sugar syrup produced as an intermediate in manufacture of aerated water and Ayurvedic medicines, prepared with additives and filtration and possessing a shelf life, is marketable and constitutes an excisable item, liable to central excise duty under the tariff description for sugar syrup.
Communication of Board's instructions and notifications
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Communication of Board instructions: ensure all collectors of appeals and specified wings are placed on mailing lists.
The Board directs that copies of all notifications, circulars and instructions be separately endorsed to each Collector (Appeals) and that specified Sections and Directors/Deputy Secretaries of Customs & Central Excise wings be placed on the mailing/despatch lists. An annexure lists the Collectors, Directorates and Board office posts to be included to ensure systematic distribution of those communications.
Aluminium and copper utensils and the materials used in their manufacture — Excise duty structure
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Excise duty changes on copper and aluminium utensils: specific duties and exemptions tied to input credit eligibility.
The circular revises excise treatment for copper and aluminium inputs to utensil manufacture: unwrought copper and most aluminium plates/sheets intended for utensils are exempt, untrimmed copper sheets/circles and aluminium circles are subject to a specific per ton duty if input duty credit is not taken, and exemptions apply only to units other than primary metal producers, who may instead opt to pay ad valorem duty to claim Modvat/input credit. Captive use exemptions for circles have been withdrawn.
Notification Nos. 132/94-C.E., 133/94-C.E., 60/94-C.E. (N.T.), to 63/94- C.E. (N.T), all dated 21-10-1994 matter - Regarding
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Modvat input credit specification expanded to include certain textile intermediates, restoring credit eligibility across manufacturing chains.
Modvat input credit eligibility has been clarified by designating specific textile intermediates as specified inputs or outputs so that duty credit flows through manufacturing chains. The circular lists four amendments specifying scoured and carded wool for woollen yarn, carded/combed cotton and cotton waste for spun yarn, unprocessed woollen fabrics for processed woollen fabrics, and covered rubber thread and covered spandex yarn for narrow woven fabrics, thereby removing practical obstacles to availing Modvat credit where intermediates previously were not listed.
Consolidation facilities by Freight Forwarders/Steamer's Agents at common user areas
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Consolidation facilities by freight forwarders permitted at common user areas, subject to infrastructure standards and Customs staffing cost recovery.
Allowance of consolidation facilities by Freight Forwarders and Steamer's Agents is authorised at designated common user areas subject to Collector of Customs' permission, time-limited grant with review, and requirement that operators meet infrastructural standards. Applicants must provide full details to the Collector. Freight Forwarders and Steamers' Agents using the facility must bear the cost of Customs staff required for Customs examination and stuffing of cargo at those locations.
Clarification regarding brand name provision in the general SSI Scheme under Notification No. 1/93
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Brand name provision applies only where branding shows a connection and is used in the course of trade, affecting exemption.
Clarification explains that the brand-name exclusion under Notification No. 1/93 applies only where (1) the brand indicates a connection between the goods and a person using that brand, and (2) that connection occurs in the course of trade. Goods made to order for a specific customer's further manufacture or items marked to prevent theft (and not sold in the open market) are not treated as branded for denying SSI exemption; whether a supply is "in the course of trade" is a factual determination.
The manner of preparation of invoice under Rule 57GG - Regarding
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Invoice preparation under Rule 57GG: duplicate invoice required for Modvat credit and triplicate copy sent to Range Officer.
Duplicate invoice copy remains the basis for claiming Modvat input credit; Rule 52A's duplicate-copy requirement continues to apply and is to be applied mutatis mutandis to registered persons under the new invoice provision. Registered persons must issue invoices in the prescribed proforma and forward the triplicate copy to the Range Officer for comparison. If Modvat is wrongly availed on the original copy, action may be taken under the Act and Rules.
Fraudulent availment of Modvat credit - Preventive measures - Regarding
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Fraudulent Modvat credit prevention: verify dealer premises and transport records before allowing credit transfer.
Directives require verification that Central Excise registration is not exploited merely to transfer Modvat credit by persons lacking proper business premises or arrangements for receipt, storage and onward despatch of excisable goods. Range officers, Audit and Preventive staff must check physical premises and transport/documentary records to ensure registered dealers actually deal in excisable goods and are not name lenders or fictitious entities; selective checks may be conducted with written permission of the jurisdictional Assistant Collector.
Misuse of Modvat credit especially by using both original and duplicate copies of invoices, or by resorting to similar double credits against single consignment by falsification of documents by various methods - Instruction Regarding
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Modvat credit controls: duplicate invoices required; verify and penalise double credits and invoice falsification.
The Board warns that duplicate invoices are the prescribed basis for claiming Modvat credit and that original invoices may be used only exceptionally when duplicates are lost in transit with Assistant Collector approval. It directs immediate verification to detect credits taken on originals or double credits arising from falsified documents, and mandates action against both suppliers and recipients where improper credits are found, with instructions to field formations to ensure strict scrutiny and penal measures.
Service Tax — Regarding brokerage
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Service tax on stock-brokerage requires registration at the broker's main exchange; sub-brokers excluded, underwriting commissions exempt.
Service tax liability is tied to the stock-broker's registration with the exchange: a broker must register for service tax with the Collectorate corresponding to the exchange where the broker is registered and all offices of that broker are governed by that Collectorate; sub-brokers are not covered; brokers meeting the statutory definition are taxable even if an exchange lacks recognition; display of service tax separately on contract notes is recommended; underwriting commissions are not taxable as brokerage services.
Issue of Show Cause Notice by Collector-I, instead of Collector-II in cases where Show Cause Notice is to be issued and adjudicated by Collector of Central Excise - Regarding
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Allocation of show cause notices: Collector I to issue and Collector II to adjudicate in affected collectorates.
Where a Collector II post exists in a collectorate, the administrative rule requires Collector I to issue Show Cause cum Demand Notices and Collector II to adjudicate those cases; field formations and trade interests are to be informed to standardise practice.
Telephone Services Reg.: Registration, Payment of Tax and Filing of Returns Etc.
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Service tax collection procedures revised: registration, monthly reporting and specified booking or TR-6 payment mechanisms for telephone services.
Each DOT Secondary Switching Area (SSA) must register with the jurisdictional Collector of Central Excise, submit quarterly returns to that Collectorate, and intimate monthly collections by the fifth of the following month. DOT SSAs must book service tax receipts under the ledger head "0044-Service Tax-Service Tax on Telephone Billing" and credit them by the fifteenth of the following month; penal interest and penalties are to be classified under Other Receipts. MTNL Delhi and Bombay must register with their respective Collectorates, file quarterly returns, and pay service tax by TR-6 challan at nominated nationalized banks by the statutory due date.
Clarification regarding amendment in Companies (Particulars of Employees) Rules, 1975
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Disclosure threshold under section 217(2A) changed, altering which employees must be reported in the Board's Report.
The Companies (Particulars of Employees) Rules, 1975 were amended to raise the salary-based eligibility for inclusion of employee names and particulars in the statement required under section 217(2A) of the Companies Act, 1956, thereby changing the monetary threshold that determines which employees must be disclosed in the Board's Report.
Extending the benefit of Notification No. 1/93-C.E. to branded elastic tapes - Clarification regarding
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Extension of exemption benefit to branded elastic tapes clarifies substitution of wording to include trade names for eligibility.
A corrigendum to para 2 of Circular No. 50/50/94-CX substitutes the words "of a manufacturer other than the SSI manufacturer" with "or trade name of another person", clarifying that possession of another person's trade name is relevant to extending the benefit of Notification No. 1/93-C.E. to branded elastic tapes.
Gold/Silver Import Scheme modified
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Gold/silver import delivery limited to eligible arriving passengers; declaration of intent and pre-clearance duty payment required for warehouse release.
Delivery of imported gold and silver from customs bonded warehouses is limited to eligible arriving passengers who file the prescribed declaration on arrival declaring intent to take delivery and pay customs duty before customs clearance; delivery is allowed only from the bonded warehouse located in the same airport or city where the passenger landed and paid duty. The declaration cum ex-bond bill of entry must be printed in bound booklet form bearing the book number at top left and the serial number at top right.

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