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    Toner Cartridges for Laser Printers and Ink Cartridges for Ink Jet Printers - Indicative prices for Customs Valuation
    Deduction of tax at source under section 195 of the Income-tax Act, 1961--Correct rates of tax applicable--Regarding
    Modification in the format of Notice under Section 148 of the Income-tax Act, 1961 (ITNS-34).
    Expenditure on food or beverages provided to the employees by employers--Extent to be treated as entertainment--Section 37(2) of the Income-tax Act, 1...
    Statutory tenants.
    Cases not to be considered for sample scrutiny.
    Toner Cartridges for Laser Printers and Ink Cartridges for Ink Jet Printers - Indicative prices for Customs Valuation
    Withdrawl of prosecutions once initiated.
    Guidelines for compounding of offences.
    Deduction of tax at source under section 194J--Payments to persons resident in India by foreign companies or foreign law firms that have no presence i...
    Transshipment of Imported Goods - Regulations clarified
    Export of goods under claims of rebate
    Rounding off of Central Excise Duty in the Invoices under Rule 52A / 57GG / 57T
    Issue/approval of notifications under section 10(23C)(iv) and section 35(1)(ii)/(iii) of Income-tax Act, 1961--After completion of assessments--Rectif...
    DTA clearances from EOUs/ EPZ Units against payment of full duty
    QBAL- Licences issued under para 62/62A of EXIM Policy will be same as under para 50 of the Policy
    Supply of replenishment goods by a Merchant Exporter to the supporting manufacturer- Clarification regarding
    Deduction u/s 80HHE.
    Central Excise - Admissibility on rebate when duty paid through RG 23A Part II - Regarding
    Duty Drawback- Minimum Amount-Fresh Instructions
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Toner Cartridges for Laser Printers and Ink Cartridges for Ink Jet Printers - Indicative prices for Customs Valuation
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Customs valuation: indicative minimum prices for printer toner cartridges to prevent under valuation and revenue loss.
The circular instructs customs officers to use industry supported indicative minimum import prices as the bare minimum for assessing duty on laser printer toner cartridges, ink jet cartridges, and photocopier toners, noting that cartridges contain substantial electronic and mechanical components that raise value; it directs use of manufacturers' invoicing and market price data as benchmarks, requires taking higher declared prices when available, and mandates circulation of the guidance to prevent revenue loss from under valuation.
728 - 30-10-1995 Income Tax
Deduction of tax at source under section 195 of the Income-tax Act, 1961--Correct rates of tax applicable--Regarding
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Tax deduction at source rates: apply the Finance Act or treaty rate that favors the taxpayer for cross-border royalties.
Withholding on remittances such as royalties and technical fees must use the applicable rates in force: either the Finance Act rate for the year or the rate under the relevant Double Taxation Avoidance Agreement, and where a treaty is in force tax must be deducted at the rate more beneficial to the assessee.
63 - 30-10-1995 Income Tax
Modification in the format of Notice under Section 148 of the Income-tax Act, 1961 (ITNS-34).
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Notice under Income-tax Act: revised ITNS format extends response period and updates officer titles and taxpayer contact points.
Modification to the notice format for assessments where income is believed to have escaped assessment: the response period is changed to "before the expiry of 31 days"; the first page designation is changed to "Assessing Officer"; the signing authority wording is revised to cite Deputy Commissioner/Commissioner/Chief Commissioner of Income-tax; and the second-page note directs taxpayers needing help to contact the Public Relations Officer, Income-tax Officer (Headquarters) or the Assessing Officer. The amended ITNS format is circulated for compliance.
727 - 27-10-1995 Income Tax
Expenditure on food or beverages provided to the employees by employers--Extent to be treated as entertainment--Section 37(2) of the Income-tax Act, 1961--Instructions regarding
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Tax treatment of employer provided meals clarified: small daily meal cost paid directly to caterer not taxable to employee.
The circular modifies prior guidance on expenditure for food or beverages supplied to employees, treating such expenditure as entertainment expenditure and instructing assessing officers on its assessment. It substitutes the prior employee-tax statement with a provision that, where the employer pays the caterer, restaurant, eating place or canteen directly, the employee will not be taxed on a small daily meal benefit up to the prescribed administrative threshold, and directs officers to implement this concession.
Statutory tenants.
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Taxability of surrender consideration: statutory tenants' receipts treated as casual income and therefore taxable under income tax law.
The tribunal held that payments received by a statutory tenant under the Bombay Rent Act for surrendering possession cannot be treated as proceeds of a capital asset sale because the tenant lacks a transferable contractual interest; such receipts are casual and non-recurring income and are taxable under the Income tax Act.
Cases not to be considered for sample scrutiny.
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Presumptive taxation exclusion: presumptive-basis cases excluded from sample scrutiny, except those subject to compulsory scrutiny.
Cases under presumptive taxation schemes are excluded from sample scrutiny, except where they fall within the Board's compulsory scrutiny class; Instruction No. 1917 is modified to this extent. Chief Commissioners and Directors General are directed to ensure uniform adherence to the prescribed sample-selection procedure set out in Instruction No. 1917, addressing observed deviations in practice.
Toner Cartridges for Laser Printers and Ink Cartridges for Ink Jet Printers - Indicative prices for Customs Valuation
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Export Promotion Reporting: Scheme wise monthly returns must state imports, exports and duty forgone/collected for compliance.
Revised reporting obligations require submission of scheme wise Export Promotion Returns (EPR I-VII) capturing imports, exports and revenue forgone/collected for each Export Promotion Scheme including Advance Licensing, Special Imports Licensing, EPCG, 100% EOUs, EPZ units and the Pass Book Scheme; reports must provide category totals and a grand total, with Pass Book returns detailing registered pass books, major commodities, shipping bills, FOB/CIF values, credits and duty debited, and duty collected defined to include applicable CVD or concessional duties.
Withdrawl of prosecutions once initiated.
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Withdrawal of prosecution: notify trial court when tax appellate reductions are accepted to facilitate complaint discharge.
Where appellate reductions in quantum or penalty are accepted by the Department, Chief Commissioners must direct Departmental Prosecution Counsel to inform the Trial Court of the changed circumstances and resulting infirmity in the prosecution complaint, rather than forwarding proposals for withdrawal to the Board, to facilitate disposal and discharge of the complaint.
Guidelines for compounding of offences.
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Compounding fee calculation: compute fee from tax on concealed income at maximum marginal rate, then apply prescribed percentage tiers.
Compounding fee must be computed by reference to the income sought to be concealed and the tax on that income calculated at the maximum marginal rate. The fee is set at 100% of that tax where the concealed income is below the monetary threshold, and 200% where it exceeds the threshold, replacing divergent interpretations based on tax alone or aggregated tax, interest and penalties.
726 - 18-10-1995 Income Tax
Deduction of tax at source under section 194J--Payments to persons resident in India by foreign companies or foreign law firms that have no presence in India--Clarification--Regarding
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Tax deduction at source exclusion for non-residents paying Indian professionals when no local presence, subject to quarterly reporting.
Payments of professional fees made through regular banking channels by non-residents who have no agent, business connection, or permanent establishment in India to resident chartered accountants, lawyers, advocates or solicitors are not subject to tax deduction at source under the provision governing professional fees. Such non-resident payers must, however, submit quarterly statements identifying the payee to the designated office of the central tax administration as a condition of this treatment.
Transshipment of Imported Goods - Regulations clarified
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Transhipment eligibility expanded to include multiple applicants and transport modes, altering bond and fee rules.
The Goods Imported (Conditions of Transhipment) Regulations, 1995 replace the 1984 rules and specify that applications for transhipment may be made by the master of vessel/aircraft, steamer agent, consolidation agent, container agent or any person authorised by the foreign supplier or agent; transhipment may occur by more than one mode of transport; bonds may be furnished by the applicant, the transporter, or the custodian at the ICD/CFS; and the transhipment application fee has been revised.
Export of goods under claims of rebate
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Subsequent processing for export permitted under Rule 12(1)(b) with Commissioner approval and AR-5 supervision.
Subsequent processing of duty-paid goods for export is permissible only under Rule 12(1)(b) with Commissioner approval and specified safeguards: processing at a Commissioner-approved place ("warehouse"), export under proforma AR-5 generated at that place, opening of input packages under excise officer supervision with sampling and testing to verify duty-paid character and composition, declaration of input-output ratio, and defacement of invoice copies. Discrepancies found on verification bar export under Rule 12(1)(b); alternative export routes such as drawback may be available. Prior inconsistent circulars are superseded.
Rounding off of Central Excise Duty in the Invoices under Rule 52A / 57GG / 57T
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Rounding off excise duty to the nearest rupee required; duty must be shown in words and figures to prevent invoice tampering.
The Board mandates that duty amounts in invoices under Rule 52A / 57GG / 57T be rounded to the nearest rupee in accordance with the statutory rounding requirement, and that the rounded amount be indicated both in words and in figures to prevent fraudulent inflation of duty and improper availing of Modvat credit.
725 - 16-10-1995 Income Tax
Issue/approval of notifications under section 10(23C)(iv) and section 35(1)(ii)/(iii) of Income-tax Act, 1961--After completion of assessments--Rectification of mistake--Regarding
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Rectification under section 154: post-assessment approval notifications can justify amending assessments if conditions are met.
The Board's position is that where approval notifications under section 10(23C)(iv) or section 35(1)(ii)/(iii) are issued after completion of assessments but are applicable to those assessment years, the subsequent notification constitutes a mistake apparent from the record and may be rectified under section 154; Assessing Officers must ensure the conditions of the approval are satisfied before granting rectification.
DTA clearances from EOUs/ EPZ Units against payment of full duty
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DTA clearances for EOU goods allowed on payment of full customs duties with EXIM permissions and entitlement adjustments.
DTA clearances of goods from EOUs/EPZUs/STPUs that are non identical to exported goods may be allowed on payment of full customs duties, provided the unit produces permissions from competent authorities under the EXIM Policy; such clearances will entail adjustments against the unit's DTA sale entitlements except where specific EXIM Policy provisions provide otherwise.
QBAL- Licences issued under para 62/62A of EXIM Policy will be same as under para 50 of the Policy
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Quantity-based licence treatment: para 62/62A licences to be treated as issued under para 50/55, enabling customs exemption access.
Quantity based licences under paragraphs 62 and 62A of the EXIM Policy shall be deemed for all purposes to have been issued under paragraph 50 or 55 as appropriate, and future QBAL licences issued under paragraphs 62/62A will be issued under paragraph 50, enabling extension of customs exemption treatment and requiring issuance of public notices or standing orders for trade guidance.
Supply of replenishment goods by a Merchant Exporter to the supporting manufacturer- Clarification regarding
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Transfer of imported goods: veiled sales through replenishment by merchant exporters negate duty-free advance licence benefits.
Whether goods imported duty free under Notification No. 204/92 by a Merchant Exporter and supplied as replenishment to a supporting manufacturer constitute a transfer is decided by the scheme's intention: licences and imported materials are subject to an actual user condition. Outright purchases embedding input costs amount to a veiled sale and disqualify duty free benefit where Modvat has been availed; job work or contracts limited to jobbing charges that do not transfer ownership satisfy the Notification.
Deduction u/s 80HHE.
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Deduction for software exports: whether total turnover for the deduction includes non software business turnover.
Whether the total turnover for computing the deduction under 80HHE comprises only turnover from the assessee's computer software business or includes turnover from other business activities is the principal issue; the Board requests reporting of the computation method adopted by Assessing Officers and the views taken by appellate authorities.
Central Excise - Admissibility on rebate when duty paid through RG 23A Part II - Regarding
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Cash rebate entitlement affirmed for duties paid through RG 23A Part II under Modvat guidance.
Clarification that cash rebate is permissible under the Modvat framework where duty has been discharged through RG 23A Part II, by reference to the rebate instructions set out in Circular No. 21/89-CX.6; the circular inserts a new paragraph after para (xiv) of the consolidated Modvat instructions to confirm that eligibility.
Duty Drawback- Minimum Amount-Fresh Instructions
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Duty drawback threshold reduced; lower minimums and special exceptions for postal and duty-exemption exports apply.
Amendment of Rule 8 reduces the monetary threshold for payment of duty drawback and retains a minimum two percent of F.O.B. value where the calculated drawback is below that threshold, except that the two percent minimum does not apply to exports by post and exports under Advance Licences issued under the Duty Exemption scheme. The amended limits are to be applied with reference to the date of the Let Export order, so the relaxation operates only for shipments permitted on or after the amendment's effective date.

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