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    Import from SAARC Countries under SAPTA - Clarification on Duty concession
    QBAL Imports - Exemption from Additional Duty
    Subsidiaries of Export Houses - Joint Bond facility extended
    CUSTOMS - HIGH SEAS SALE BY CANALISING AGENCIES (PUBLIC GOVT.UNDERTAKINGS) LIKE MMTC AND STC. [BOMBAY COLLECTORATE CUSTOMS PUBLIC NOTICE NO. 07-PN DT....
    SSI Exemption - AR 4 Procedure for export to be followed by a unit with turnover of Rs. 30 lakhs
    Representation from M/s. Hindalco Industries Limited, Bombay regarding the problem being faced by them under Notification No. 23/95-C.E. (N.T.)
    EOUs/ EPZ Units- Policy issues to be referred to CBEC before issue of Show Cause Notice
    Engg. Product Export Scheme - Modvat permitted on inputs - Spares Import allowed
    EPCG / Advance Licences - Third Party Exports can be counted towards Export Obligation
    Grant of Private Bonded warehouse licence in SEEPZ - Asstt. Comm. authorised to grant the licence
    Notification No. 35/95 dated 16-3-1995 as amended by Notification No. 84/95 dated 18-5-1995 - Dutiability of texturised and dyed yarn made from duty p...
    Relaxation of period for filing of Drawback claims under rule 13 of the Customs and Central Excise Duties Drawback Rules, 1995
    Prosecution establishment expenses in case of compounding of offences.
    Availing of credit on duplicate copy of Bill of Entry generated on EDI systems - Regarding
    Disputes between CBEC and PSUs - Clearance by the Committee on Disputes - Implementation of decisions - Regarding
    DEEC -Issue of TRA for imports under DEEC further clarification
    Customs Tariff New HS Code Effective from January 1996
    Pass Book Scheme - Clarification on operations of New Scheme amended by Notif. No. 115/95-Cus
    Perishable goods for warehousing
    Benefit of section 80HHC for export of processed minerals--Clarification regarding export of cut and polished dimensional blocks, granite or other roc...
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Import from SAARC Countries under SAPTA - Clarification on Duty concession
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SAPTA duty concession requires proof of origin under customs rules to access preferential tariff treatment on imports.
Operationalisation of the SAARC Preferential Trading Arrangement establishes percentage concessions on the applied rate of basic customs duty for goods from SAARC countries, with greater concessions for Least Developed SAARC members. Concessions apply only upon receipt of proof of origin under the Customs Tariff (Determination of Origin of Goods under SAPTA) Rules, 1995. Consequential amendments exclude certain prior notifications from the determination of the standard rate, and authorities are directed to ensure smooth implementation and compliance with the procedural requirements for claiming concessions.
QBAL Imports - Exemption from Additional Duty
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Exemption from additional customs duty limited to manufacturer-exporters for quantity-based advance licences, altering licence eligibility and obligation discharge.
Exemption from additional Customs duty on imports against Quantity Based Advance Licences is limited to licences issued to manufacturer-exporters on applications made on or after 1 December 1995, must be recorded on the Advance Licence and DEEC Book, and excludes merchant-exporters; exports tied to applications made prior to that date do not qualify. The actual user condition and non-transferability of licences and imported materials continue to apply, and other existing notification conditions and circular instructions remain in force.
Subsidiaries of Export Houses - Joint Bond facility extended
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Joint bond facility: parent company jointly guarantees subsidiary export obligations, accepting liability for customs duty and interest.
A joint bond/bank guarantee may be executed jointly by a parent company and its subsidiary license-holder where the parent holds more than fifty percent of shares and both companies have common boards of directors, verifiable from their constitutional documents; execution must follow existing circular criteria. The parent will stand as surety and be jointly and severally liable to make good customs duty and interest if the subsidiary defaults on export obligations. The same conditions apply to the Duty Exemption Scheme and the EPCG Scheme.
CUSTOMS - HIGH SEAS SALE BY CANALISING AGENCIES (PUBLIC GOVT.UNDERTAKINGS) LIKE MMTC AND STC. [BOMBAY COLLECTORATE CUSTOMS PUBLIC NOTICE NO. 07-PN DT. 12.1.1995]
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High seas sale declarations by canalising agencies allow Import Department to process amendment applications upon specified certifications.
High Seas sales by canalising agencies (public sector undertakings like MMTC and STC) will be processed by the Import Department without reference to other Customs sections where the agency furnishes an authorised declaration confirming no pending Custom House charges, absence of the item from the negative list, and genuineness of original overseas supplier invoices, together with disclosure of the commission in a stamped contract and a certified copy of the High Seas sales contract.
SSI Exemption - AR 4 Procedure for export to be followed by a unit with turnover of Rs. 30 lakhs
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Export procedure: manufacturer exporters must use prescribed AR proforma and bond for duty-free exports to ensure compliance.
Exports of dutiable excisable goods by manufacturer-exporters are allowed without payment of excise duty only after execution of the requisite bond with the competent Central Excise Officer and must be effected under the prescribed procedure using the AR-4 proforma; earlier inconsistent instructions are withdrawn and field formations must ensure compliance to prevent duty evasion.
Representation from M/s. Hindalco Industries Limited, Bombay regarding the problem being faced by them under Notification No. 23/95-C.E. (N.T.)
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Amount of duty per unit need not be stated for invoices with varied item prices when total duty is shown.
Where a single invoice contains multiple items with different prices but attracting the same duty rate, it is unnecessary to insist on stating the amount of duty per unit in the specified invoice entries because those entries will not match; however, the invoice must always state the total amount of duty paid both in words and figures.
EOUs/ EPZ Units- Policy issues to be referred to CBEC before issue of Show Cause Notice
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Referral of interpretive issues to the central board required before issuing show cause notices to prevent unsustainable allegations.
Interpretive disputes about duty free import eligibility, scope of exemption notifications, or other statutory or policy questions affecting EOU/EPZ units must be referred demi officially to the Board with supporting documents and examined; show cause notices on such issues should be issued only after the Board settles the legal position to avoid unsustainable allegations.
Engg. Product Export Scheme - Modvat permitted on inputs - Spares Import allowed
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Modvat entitlement on additional customs duty enabled; licences and imported inputs become transferable after supply obligations met.
Inputs imported under Value Based Advance Intermediate Licences will attract additional customs duty, and that additional duty may be claimed as Modvat credit on any inputs used in the manufacture of iron and steel intermediates. Spares for maintenance of capital goods may be imported up to five percent of the licence value subject to actual-use conditions. Licences and imported inputs (except spares and consumables) are transferable once supply obligations are met and the licence is endorsed; supplies to engineering exporters attract normal excise duty.
EPCG / Advance Licences - Third Party Exports can be counted towards Export Obligation
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Third party exports can satisfy export obligations where contractual terms, clear shipping documentation and joint liability are established.
Third party exports by Advance Licence and EPCG holders can be counted towards export obligations because singular terms in the Customs Act may include the plural. Such exports qualify only where there is a contractual agreement with the export order holder; Shipping Bills and export documents state third party export; Shipping Bills are jointly signed by licence-holder and export order holder; and both make a declaration accepting joint and several liability for defaults or fraud. Past cases may be accepted on satisfactory proof.
Grant of Private Bonded warehouse licence in SEEPZ - Asstt. Comm. authorised to grant the licence
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Delegation of licensing power to Assistant Commissioner expedites private bonded warehouse approvals with post-facto Commissioner oversight.
The Central Board directed that requests for grant of a private bonded warehouse licence in SEEPZ be decided by the Assistant Commissioner of Customs at SEEPZ to expedite bonding for units, subject to post-facto information being furnished to the Commissioner of Customs; local officers are to implement the Board's policy and take necessary action accordingly.
Notification No. 35/95 dated 16-3-1995 as amended by Notification No. 84/95 dated 18-5-1995 - Dutiability of texturised and dyed yarn made from duty paid single yarn
Show AI Summary
Exemption availability: independent texturising and dyeing of purchased single yarn remains eligible for relief after interpretation.
The Board clarifies that units which purchase duty paid single yarn and only perform twisting/texturising followed by dyeing, printing, bleaching or mercerising are not to be treated as factories "having facilities (including plant and equipment) for producing single yarn" and therefore remain eligible for the exemption under Notification No. 35/95 as amended by Notification No. 84/95; field formations must not treat independent texturizers as spinners for excise denial.
Relaxation of period for filing of Drawback claims under rule 13 of the Customs and Central Excise Duties Drawback Rules, 1995
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Relaxation of filing period for drawback claims - Assistant Commissioners to allow extensions where delay arises from ignorance or sufficient cause.
Assistant Commissioners are instructed to liberally exercise the proviso power under rule 13(1) of the Customs and Central Excise Duties Drawback Rules, 1995 to permit late filing of drawback claims where exporters were prevented by sufficient cause, with ignorance of the new prescribed time limit to be accepted as a valid reason for delay and extensions granted accordingly, alongside mandated publicity to Export Promotion Councils, Trade Associations and commercial interests.
Prosecution establishment expenses in case of compounding of offences.
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Prosecution establishment expenses now charged in addition to compounding and litigation fees for income-tax offences.
Prosecution Establishment Expenses are required to be charged in addition to the compounding fee and litigation expenses when compounding offences under the Income-tax Act, to compensate the Department for prosecution-related time and resources; a graded fixed fee schedule applies according to the scale of tax involved, and these amounts are expressly additive to existing compounding and litigation charges.
Availing of credit on duplicate copy of Bill of Entry generated on EDI systems - Regarding
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Modvat credit documentation: duplicate EDI-generated Bill of Entry accepted for credit under Rule 57G via Rule 57H(4).
Exercising powers under Rule 57H(4), the Board prescribes the duplicate copy of the Bill of Entry generated on EDI systems as the document for allowing Modvat credit; pending cases should be decided accordingly and trade and field formations informed.
Disputes between CBEC and PSUs - Clearance by the Committee on Disputes - Implementation of decisions - Regarding
Show AI Summary
Clearance by Committee on Disputes: parties must implement COD decisions and report compliance within thirty days.
Where the Committee on Disputes refuses permission for further litigation, appeals must be treated as withdrawn and tribunals/courts apprised so pending dues can be recovered; where other directions are given, minutes should be communicated to expedite proceedings. Concerned Commissioners must furnish compliance reports in the prescribed proforma-retrospectively within thirty days of this circular and for future COD minutes within a similar period.
DEEC -Issue of TRA for imports under DEEC further clarification
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Telegraphic Release Advice: air imports may receive TRA on proforma invoice, avoiding bill of lading insistence.
Customs may require production of the advance licence duly registered for debit, DEEC book Part I for correlation, and the commercial invoice for verification; insistence on Bill of Lading/Air Freight Bill at TRA stage is unnecessary because licence verification can be completed at the port/ICD of import. For air consignments, TRA may be issued on the basis of a proforma invoice, with debit effected at the port of registration of the licence/DEEC book; Customs Houses must issue public notices and standing orders accordingly.
Customs Tariff New HS Code Effective from January 1996
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Harmonised System amendments align the customs tariff, triggering classification reviews and reporting of duty-impacting reclassifications to authorities.
Amendments to the First Schedule of the Customs Tariff Act align the Indian tariff with the updated Harmonised System Nomenclature, comprising 393 changes across major sectors. The Board requires distribution of WCO explanatory annexures, lists of reclassified products, and delivery of training to assessing officers. Commissioners must review any reclassifications that alter duty incidence, report existing and revised classifications, affected notifications and proposed remedial measures to preserve prior effective duty levels, and submit these details to the Board within the specified timeframe.
Pass Book Scheme - Clarification on operations of New Scheme amended by Notif. No. 115/95-Cus
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Non-transferability of Pass Book credits restricts input-based customs credit to specified ports under value addition and quality conditions.
The amendment confines the Pass Book Scheme to specified ports and permits credit only for inputs listed in standard input-output norms with quantity restrictions, subject to declaration and proof of actual use and input quality. Credits are allowed at the basic Customs duty rate or applicable concessional rate, with valuation and duty rate fixed as at the date and place of the let export order; a value addition limit bars credit where inputs exceed seventy five percent of FOB value, and the Pass Book and its credits are non-transferable.
Perishable goods for warehousing
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Perishable goods designation: curtailed initial customs warehousing period under section 61, with commissioners empowered to reduce storage.
The circular adds Monothiomethyl to the illustrative list of perishable goods and directs Commissioners of Customs to assume primary responsibility for identifying goods likely to deteriorate and to notify reductions of the initial customs warehousing period to prevent spoilage, treating the circulated list as illustrative, not exhaustive.
729 - 01-11-1995 Income Tax
Benefit of section 80HHC for export of processed minerals--Clarification regarding export of cut and polished dimensional blocks, granite or other rocks
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Section 80HHC benefit: exports of cut and polished granite dimensional blocks qualify where mechanical processing and value addition occur.
The Board clarifies that when rough granite is cut into dimensional blocks of uniform colour and size, it undergoes mechanical processing, dressing and polishing that remove natural flaws and constitute value addition; accordingly, profits from export of such dimensional granite blocks qualify for deduction under section 80HHC of the Income tax Act.

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