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Circulars
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Classification of Isabgol Husk under Central Excise, Tariff - Clarification - Regarding
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Classification of Isabgol Husk clarified: raw husk not excisable, but therapeutic formulations treated as pharmaceuticals.
Isabgol husk obtained by removal of the filmy layer from seeds is a plantago psyllium product within Chapter 12 HSN and the removal process is not a manufacture; therefore raw husk is not excisable and does not fall under Chapter 30. If mixed with other products and sold as a formulation claiming therapeutic or prophylactic values, it will be treated as falling under Chapter 30 and subject to excise classification. Pending assessments are to be finalised on this basis and field formations and trade advised.
Export of personal jewellery through the mode of baggage
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Export of personal jewellery as bonafide baggage carries no value restriction under the export-import policy.
Where personal gold jewellery exported as passenger baggage constitutes bonafide baggage, the Export-Import Policy imposes no value restrictions on such export; commercial export channels may receive more attractive incentives, and field formations are to be instructed accordingly.
Benefit of Sec.273A(1).
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Waiver of penalty under Section 273A available across assessment years despite different filing dates now.
If an assessee files a petition under Section 273A(1) covering multiple assessment years at one time, the Commissioner may grant waiver or reduction of penalty and interest for all those years regardless of the original return filing dates; supplementary petitions for the same years altering income disclosures are permissible, but later petitions covering other years filed after the first petition must be rejected under the provision for subsequent petitions.
Recommendation of Rekhi Committee - Assessment of monthly RT-12 Returns - Regarding
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Right to challenge approved classification lists allows representations to the Assistant Collector for administrative review.
The corrigendum inserts an explicit provision allowing any person who disagrees with the approved classification list to bring that disagreement to the notice of the Assistant Collector, thereby preserving a procedural avenue for administrative consideration of classification disputes under the central excise framework.
Revised guidelines for compounding of offences.
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Compounding of offences: revised conditions require payment of undisputed tax and prescribed compounding charges before compounding.
Revised guidelines reintroduce a distinction between technical offences and non-technical offences for compounding under Direct Tax Laws. Compounding is discretionary and requires a written request, payment of undisputed tax, interest and penalties, and prescribed compounding charges. CCIT/DGIT may compound first technical offences meeting conditions; Board approval is required in other cases and for most substantive offences. Repeat offences attract enhanced fees, and the Finance Minister may permit compounding in deserving cases. The guidelines supersede earlier instructions and apply to other Direct Tax Laws.
Revised guidelines for compounding of offences under Direct Tax Laws.
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Compounding of tax offences: liberalised delegation permits pre-complaint settlement of technical offences, reducing prosecutions and pendency.
Revised guidelines liberalise compounding under Direct Tax Laws by distinguishing technical and substantive offences, delegating substantial compounding powers to CCsIT/DGsIT (subject to conditions), and allowing limited compounding of technical offences even where complaints are already filed. They prescribe computation of the amount in default and compounding charges on the basis of the assessment or any subsequently final revised order, require certain categories to be referred to the Board, extend applicability to pending and earlier rejected cases (excluding already compounded matters), and mandate timely disposal, reporting, and publicity.
Method of Calculation of the depreciation which should be allowed to the 'Capital Goods' at the time of assessment of duty from Free Trade Zone/100% Export Oriented Units to Domestic Tariff Area - Regarding
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Depreciation calculation for capital goods applies to domestic and imported assets cleared to domestic tariff area.
Method for calculating depreciation for capital goods cleared by Free Trade Zone/100% Export Oriented Units to the Domestic Tariff Area permits duty payment on the depreciated value. The Board's method for imported goods applies mutatis mutandis to domestically procured capital goods, using quarterly rates: 4% (first year), 3% (second year), 2.5% (third year), 2% (fourth year and thereafter), subject to a 70% overall cap.
Valuation of Goods Manufactured by units working under the 100% EOU Scheme - Regarding
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Transaction value acceptance for EOU to DTA clearances when invoice reflects arm's-length export value and valuation rules apply.
Accept the invoice price as the operative transaction value for goods cleared from 100% EOUs to the DTA when the invoice reflects an arm's-length export value and conforms to customs valuation parameters; no comparison with imported CIF prices or other undertakings is required in such cases. If the invoice fails to satisfy transaction value criteria-such as related-party sales or other indications of non-arm's-length pricing-assessing officers must apply best-judgement valuation, considering comparable sale and export prices, transaction nature, and enquiries to determine assessable value.
Refund should be adjusted against the outstanding demand.
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Refund set off against outstanding demand allowed; small refunds may be issued without prior verification but are subject to later recovery.
The Assessing Officer may set off a refund, in lieu of payment, against sums payable by the person after written intimation under Section 245; office procedure directs adjustment of refunds against outstanding demands for other years. The Board allows refunds of Rs. 5000 or less (including consolidated refunds across years) to be issued without prior verification, subject to later verification, recovery action if arrears are found, and maintenance of records of such instances.
Fees for making application for availability of name of new company to Registrar of Companies is raised from Rs. 100 to Rs. 500 with effect from 1-11-1994
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Fee increase for name availability applications raises statutory filing charge and requires member dissemination of the amendment.
Amendment to Companies (Central Government's) General Rules & Forms, 1956 (Notification No. GSR 697(E), dated 20-9-1994) raises the fee for application for availability of a new company name from Rs. 100 to Rs. 500, effective 1st November 1994, and requires dissemination of the notification to constituent members.
Exports - Provision of hanger facility for exporters of leather and silk garments
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Hanger facility for exporters enables on premises stuffing of garments in airline containers, subject to Customs permission and checks.
A hanger facility allows exporters of leather and silk garments to have airline containers sent to their premises for stuffing garments on hangers, after written permission from the Assistant Collector of Customs (Export) is obtained and copied to the airline; containers are then returned to the air cargo complex for export, with Customs examination and formalities continuing to apply.
Stock and Sale facility for imported capital goods, spares consumables
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Warehousing rights allow sale of imported bonded goods to duty-concession licence holders, subject to duty payment and licence compliance.
Amendment permits all imported goods to be warehoused for a minimum of one year and allows transfer of bonded goods to third parties. Sale of imported warehoused capital goods, spares and consumables to duty-exemption or duty-concession licence holders is allowed; the transferee may clear goods from the warehouse only after payment of applicable customs duty and fulfilment of the relevant licensing provisions.
Assessment of capital goods at the time of debonding of units working under 100% Export Oriented Units (including Electronics Hardware Technology Parks / Software Technology Parks Schemes) / Export Processing Zones Schemes - Allowance for depreciation
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Depreciation allowance for computers cleared on debonding of export-oriented units permits accelerated rates under Exim Policy approval.
Authorises accelerated depreciation for computers cleared on debonding of units under 100% Export Oriented Units, Export Processing Zones and Technology Park Schemes, where clearance is made in accordance with permission under the Exim Policy. The Board, after consultation with the Department of Electronics, prescribes higher quarterly rates across successive years for customs assessment of such capital goods, subject to an overall cap on the total depreciation allowable.
NIL - 21-09-1994 Income Tax
Interest payments under the Land Acquisition Act, 1894--Deduction of tax at source under section 194A of the Income-tax Act, 1961--Authority responsible for deduction--Regarding
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Tax Deduction at Source responsibility rests with the Land Acquisition Collector; interest on compensation requires TDS and certification.
The Collector (Land Acquisition) or other empowered acquiring authority is responsible for deducting tax at source from the interest component of compensation under the Land Acquisition Act, must pay that tax to the government, deposit the remaining amount with the court for disbursement, and issue the prescribed TDS certificate to the payees; courts are treated as conduits and withholding for statutory TDS, where remitted to government and the net sum deposited, is not necessarily contemptuous.
Instructions to field formations on the changes brought about in Central Excise Procedure - Regarding
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Assessment on invoice value requires expeditious RT 12 verification and monthly reports on Modvat credit use.
The Board requires that RT 12 return assessments be conducted expeditiously and only after verification of duty paying documents for capital goods, reconciliation of accumulated Modvat credit, verification of production using those capital goods, calculation of duty attributable to such production and set off of that duty against accumulated Modvat credit, with initial evaluation and statistical reports on Modvat credit on capital goods submitted within a fortnight and monthly thereafter.
Central Excise - Submission of quarterly report on adjudication, provisional assessment and RT-12 Returns to the Board - Regarding
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Central Excise reporting requirements mandate quarterly submission of adjudication, provisional assessment and RT 12 returns to the Board with disposal targets.
Central Excise mandates quarterly submission of consolidated reports on adjudication, provisional assessment and RT-12 returns to the Board by the fifth day of the month following each quarter, using the prescribed proforma. The Board sets baseline pendency figures and liquidation targets for 1994-95 for cases over one year and RT-12 cases beyond three months, prescribes quarterly disposal minima, and identifies collectorates for special drives. The proforma requires opening and closing pendency and disposals during the quarter and accommodates related circulars and notices.
Imports by Hospitals - Eligibility for the benefits of exemption under Notfn. No.l52/94-Cus. (Previously 70/81) - Clarification
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Research institution exemption: hospitals are ineligible for import duty exemption regardless of research activity, with duty recovery for past clearances.
The research-institution import duty exemption under Notification No.152/94 (formerly 70/81) does not extend to hospitals that render chargeable medical services; an amendment (Notification No.93/94-Cus.) expressly excludes hospitals by inclusive definition effective 1-3-1994, and the exclusion applies regardless of any research activities, with duty recovery directed where the exemption was wrongly granted.
Clarification regarding Rule 57F (2) read with Notification No. 214 / 86 for direct despatch of inputs for processing to job workers-Regarding
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Challan authentication: officer pre-authentication not required; owner must serialise, notify assistant collector and pre-authenticate.
Pre-authentication of challans by a Central Excise Officer is not required; challans for movement of goods to job workers must be serially numbered for each financial year, the serial numbers must be intimated to the Assistant Collector of Central Excise before use, and each challan must be pre-authenticated by the owner or the owner's authorised representative.
Central Excise - Classification of Prickly Heat Powder whether under Chapter 30 or 33 - Clarification regarding
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Classification of prickly heat powder: Board accepts PAC recommendations and issues Section 37 B order rescinding prior circular.
The Board clarifies classification of prickly heat powders, listing Nycil under heading 30.04 and Shower to Shower and Johnsons under heading 33.04, accepts the Parliamentary Accounts Committee's recommendations, and issues a Section 37-B order while rescinding the earlier circular to achieve uniformity in classification of similar excisable products.
Central Excise - Recommendations of Public Accounts Committee (1993-94) (10th Lok Sabha) - 69th Report- Follow up - Regarding
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Exemption for motor vehicle body-building narrowed, prompting expedited resolution of disputed appeals to protect revenue.
The Committee addressed repeated short-levy of excise on motor vehicles resulting from incorrect application of a concessional exemption where bodies were fitted outside the chassis manufacturer's factory; collectors issued protective demands and an appeal was filed to the appellate tribunal, but the Law Ministry advised awaiting that adjudication. The Ministry subsequently amended the notification to restrict exemption where the chassis owner sends chassis for body building on his own account, and the Committee urged prompt resolution and strict implementation to protect revenue.

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