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357/73-CX - 20-11-1997 Central Excise
Movement of Goods on a Rule 57F(4) Authenticated Challan-Regarding.
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Authentication of challan-books required by authorised owner or authorised agent; agents with power of attorney may authenticate for partnerships.
Each foil of the challan-book must be authenticated by an authorised representative of the manufacturing unit before use. Authorised representatives include the owner, a working partner, the Managing Director, the Company Secretary, or a person authorised by the board; agents holding a power of attorney for partnership or proprietary concerns may authenticate on behalf of the owner.
Finalisation of Provisional Assessment in respect of Nycil Prickly Heat Powder - Instruction reg.
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Tariff classification directs finalisation of provisional assessments for Nycil Prickly Heat Powder and recovery of dues.
Assessments for Nycil Prickly Heat Powder are to be finalised on the basis of the Ministry's classification placing the product under tariff heading 33.04, and steps must be taken immediately to realise excise dues in accordance with that classification.
355/71-CX - 19-11-1997 Central Excise
Inclusion of cost of after sales services during the initial running in period of the vehicles by the dealers to their own buyers in the assessable value of the vahicle
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Inclusion of after sale service costs: compulsory dealer performed warranty services must be included in assessable value of vehicles.
Mandatory pre delivery inspection and three initial services that a buyer must undergo to retain warranty cover are performed by dealers on behalf of the manufacturer; the dealer's margin that finances these compulsory services is therefore part of the assessable value of the vehicle and must be included, and the Philips India decision is distinguished because it lacked a compulsory service requirement.
Remittance to a non-resident Deduction of tax at source Submission of No Objection Certificate Dispensing with Regardings
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Deduction of tax at source: remittances allowed without tax NOC if undertaking and independent accountant certificate are furnished.
Section 195 requires deduction of tax at source on payments to non-residents. The Reserve Bank may allow remittances without a No Objection Certificate if the remitter provides an undertaking to the Assessing Officer and an independent accountant's certificate in the prescribed form, certifying the nature and amount of income and tax paid. The RBI will forward copies to the Assessing Officer; the remitter remains liable for any tax shortfall with interest and subject to penalty and prosecution, and must furnish documents for tax determination.
Issue of Refund order - service by registered post.
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Service of tax refund orders by registered post required, with acknowledgement due within a prescribed period.
All income tax refund vouchers must be dispatched by registered post with acknowledgement due within fifteen days of passing the order giving rise to the refund, replacing the prior threshold based practice that allowed lower value refunds to be served by notice servers.
Clarification Requested-Para 7.28 of Handbook of Procedures 1997 -2002 (Vol. 1) - Regularisation of bonafide default
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Interest calculation: prescribed rate treated as simple interest for regularisation of bonafide export obligation defaults under export handbook procedure.
The prescribed interest rate for recovery of customs duty on unutilised exempt materials, in the context of regularising bonafide defaults under Para 7.28 of the Handbook of Procedures, is to be taken as simple interest. This clarification follows consultation with the revenue department and defines the operative calculation rule for regularisation of export-obligation defaults.
Drawback - DEPB SBs Conversion into DBK S.B.
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Conversion of DEPB shipping bills to drawback shipping bills permitted, relaxing Rule 12 requirements and directing immediate guidance issuance.
Shipping bills for which the let export order was given between 10.9.97 and 17.10.97 may be converted from DEPB shipping bills to Drawback Shipping Bills in relaxation of Rule 12 of the Customs & Central Excise Duties Drawback Rules, 1995; Public Notices or Standing Orders should be issued immediately to guide trade and staff on the conversion.
Drawback - Non-availment of Modvat Certificate
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MODVAT non availment verification: customs must link AR 5 evidence to shipping bills before claiming drawback entitlement.
Customs must verify availment of input rebate (MODVAT) by linking the sextuplicate copy of the AR 5 accompanying the consignment to the relevant shipping bill; merchant exporters buying from the open market do not avail input rebate under Rules 12(1)(b)/13(1)(b) unless AR 5 procedure is followed, and manufacturer exporters under AR 4 must indicate availment and enclose AR 5 as evidence before drawback payment.
SION - HB Vol.2 amended/ Added
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Standard Input-Output Norms updated to add new export-import entries and revise input specifications across multiple product groups.
Public Notice amends the Handbook of Procedures, Vol.2 by adding new SION entries across Chemicals, Engineering, Food, Plastic and Textile product groups and prescribing detailed input-output norms in Annexures B-F. The amendments substitute, correct or restore import item descriptions and quantities, add alternative allowable inputs subject to plant capability or user conditions, and include notes on composition limits, permitted wastage allowances and specified validity periods for certain norms.
Central Excise - Speedy acceptance of proof of exports in respect of goods exported through Inland Container Deports/ Customs Freight Stations - Special Procedure
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Proof of export acceptance for shipments via ICD/CFS: alternate documents accepted and post facto verification enforced.
A special procedure requires the Customs Appraiser/Superintendent to certify Part B of AR 4/AR 5 when granting the Let Export Order for consignments exported via ICDs/CFSs, with the duplicate AR copy sent to the jurisdictional Central Excise authority and originals handed to the exporter. If Transference Copies from the port are delayed, the exporter may present the Mate's Receipt and Bill of Lading for verification; Central Excise will conduct post facto verification, close files on receipt of TR or an original Bank Realisation Certificate with a certified copy retained, and initiate recovery action if supporting documents are not received within prescribed timeframes.
Handbook of Procedures Amended
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Export Import procedure amendments tighten licence filing rules, proof and certification requirements and clarify Special Import Licence eligibility.
Amendments revise procedural, documentary and eligibility rules for export import licences: allow Advance Licence/Special Imprest to be conterminous with project execution periods; set six month filing windows and proof requirements for Gold Replenishment Licence; clarify deemed export claims for DTA supplies to EOUs/EPZs (excluding Special Imprest Licence); establish deadlines and procedures for fixation and claim of brand rate drawback with late cut application; and amend multiple appendices to standardise certification language, CIF/DEPB inclusion rules and recognised quality certification bodies for Special Import Licence eligibility.
Central Excise - Classification of Liner shelves, Middle shelves, Tilting bottle shelves etc. made of M.S. Grills for use in the refrigerators - Regarding
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Classification of refrigerator parts: M.S. grill shelves treated as refrigerator parts under sub heading 8418.90, not Chapter 73.
M.S. liner shelves, middle shelves, tilting bottle shelves and similar M.S. grill items, being exclusively and principally for use in refrigerators, are excluded from Chapter 73 and are classifiable as parts of refrigerators under sub heading 8418.90 of the Central Excise Tariff Act, 1985; field formations and trade should be advised accordingly and any required classification variations communicated to the Board.
Disposal of Hazardous Waste
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Hazardous waste import controls require sampling, clearances and authorisation before release, with illegal shipments returnable under Basel.
For waste oil, sampling for specified contaminants is required and consignments exceeding prescribed concentrations may be released to importers only upon submission of requisite details in Form 6 under the Hazardous Wastes Rules; battery scrap may be handed over only to authorised actual users; zinc and lead ash must be analysed and consignments falling in Category 3 of Schedule 1 must not be released. Imports/exports to/from Non parties under the Basel Convention are illegal, and imports lacking Ministry permission, a State Pollution Control Board NOC, a valid import licence, or actual user authorisation are illegal; parties must accept illegal imports back within a fixed period.
87/97 - 11-11-1997 Service Tax
Service Tax on goods transport operator
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Service tax on goods transport: liable consignors or consignees must register and pay tax when they bear freight charges.
Service tax applies to services by goods transport operators for carriage of goods by road; taxable value is the gross amount charged including freight but excluding insurance where the cost is borne by liable persons as consignor or consignee. Liability is limited to specified commercial categories and is single-instance even if overlapping; it attaches where principals bear freight directly or indirectly, including when agents pay freight. Registered persons must register, pay in designated banks using Form TR-6, file quarterly returns in Form ST-3 and follow provisional assessment and refund procedures under the Service Tax Rules.
Issue of Pre-authenticated CT-3 form to EOUs by Central Excise Authorities - regarding.
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Pre-authenticated CT-3 forms must be issued to export-oriented units to secure duty-free inputs without repeated permission.
Central Excise authorities must issue pre-authenticated CT-3 form booklets to export-oriented units to permit duty-free procurement of raw materials without repeated permission; field officers are directed to ensure prompt issuance and to address unnecessary delays or harassment in providing the booklet.
Inclusion of Visakhapatnam EPZ in Notification No. 177 /94-Cus. To enable setting up of Jewellery Units in the Zone
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Inclusion of Visakhapatnam EPZ enables Gems & Jewellery units to procure specified goods duty free and export via notified airports.
Inclusion of the Visakhapatnam Export Processing Zone expands the notification governing Gems & Jewellery to permit jewellery units in the Zone to source specified goods duty free for manufacture, brings the Zone into parity with other EPZs/FTZs for such entitlements, and designates specific airports as authorised export channels for gems and jewellery produced there, with a direction to issue a public notice to publicise the amendment.
Clarification regarding deduction of tax from payments of additional pay, allowances and arrears to Central Government employees following the notification based on recommendations of the 5th Pay Commission--Regarding
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Tax deduction at source on arrears must be recomputed and fully recovered, non-compliance attracts interest and penalties.
Employers must deduct tax at source under section 192 from salary and arrear payments per Circulars 756 and 757; drawing and disbursing officers must recompute and immediately recover full tax on arrears arising from pay revision and remit it to the Central Government by 20 November 1997, non-compliance attracting interest under section 201(1A) and other penal consequences.
Procedure for collection of duty on ship stores consumed during coastal run
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Duty on ship stores: provisional recovery on estimated coastal consumption with refund on reconversion to foreign run.
When a foreign run vessel reverts to coastal trade, Steamer Agents must notify Customs and submit to Preventive Department inventorying of bonded stores and crew private property. Agents may pay duty on all stores or pay duty on an estimated quantity to be consumed, leaving the remainder in bond under Customs seal. Bills of Entry must be filed promptly; assessment, duty collection and lab testing for bunkers are to follow on a provisional basis, and agents may seek refund upon reconversion to foreign run supported by Preventive inventories and the original Bill of Entry.
APPOINTMENT OF CENTRAL EXCISE OFFICERS FOR ASSESSMENT AND COLLECTION OF SERVICE TAX
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Service tax officer appointment narrows covered assessees by excluding specified categories from the residual 'any other assessee' description.
Amendment revises the 'Any other assessee' entry in the Table appointing Central Excise officers for assessment and collection of service tax by expressly excluding advertising services, courier services, radio paging services, custom house agents' services, steamer agents' services, air travel agents' services, mandap keepers' services, consulting engineers' services, manpower recruitment agents' services, clearing and forwarding agents' services, rent a cab scheme operators' services, outdoor caterers' services, pandal or shanilana contractors' services, tour operators' services and goods transporters' services from that residual category.
Modvat credit on capital goods imported under Project Imports- Reg.
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Modvat credit eligibility for capital goods in project imports clarified; independent cost accountant certificate may establish eligible credit.
Eligibility for Modvat credit on capital goods imported under Project Import Regulations prior to 1.3.1997 depends on whether such goods meet the capital goods definition in the Explanation to rule 57Q; classification under Chapter 98 for customs assessment is not determinative and goods must be assessed against chapters 1-96 of the Central Excise Tariff. Where invoices or separate c.i.f. values are unavailable, an independent Cost Accountant's proforma certificate showing assessable values and eligible credit, subject to departmental verification, may be accepted and the credit allowed based on the applicable additional customs duty rate.

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