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    Classification of Heptene and Nonene under the Central Excise Tariff - Regarding
    Stainless steel circles - Classification of
    Whether goods manufactured by SSI manufacturer output of raw materials supplied by another person / manufacturer would be entitled to exemption under ...
    Compounded levy scheme on stainless steel pattis/pattas - Specimen forms - Particulars to be filled up only to the extent applicable to compounded lev...
    Prohibition on issue of bonus shares out of reserves created by revaluation of fixed assets
    Recommendation of Rekhi Committee-assessment of monthly RT-12 Returns - Regarding
    Effect of the decision of the Supreme Court in ^Distributors (Baroda) Pvt. Ltd. ^v.^ Union of India^ [1985] 155 ITR 120
    Rule 56B - Instructions - Regarding
    Service tax on broker-issues raised by commissioner regarding
    Gold Import Scheme - Modification proposed
    Income-tax deduction from salaries during the financial year 1994-95 under section 192 of the Income-tax Act, 1961
    Issue of Notification No. 125/94-C.E., dated 31-8-1994 regarding brand name provision and for deletion of DGTD condition in the general SSI Scheme
    Drawback - Condonation of delay in filing application for fixation of Brand Rate under Customs and Central Excise Duties Drawback Rules, 1971
    Central Excise - Classification-excisability of printing frames /flat bed screens for the period 1-3-1986 to 2-5-1994 - Regarding
    Carnet - Delegation of powers of extension of retention period of vehicles brought under carnet
    Scope of prima facie disallowances under section 143(1)(a) of the Income-tax Act, 1961--Regarding
    Tax concession for repayment of loan taken for pursuing higher studies - Section 80E of the Income-tax Act - Studies in architecture - Clarification r...
    Managerial remuneration - Payment of - Supreme Court decision
    Taxability of interest accrued on the Kisan Vikas Patras
    Extending the benefit of Notification No. 1/93-C.E. to branded elastic tapes - Clarification - Regarding
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Classification of Heptene and Nonene under the Central Excise Tariff - Regarding
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Tariff classification: heptene and nonene classed as ATF for excise but as naphtha under customs notification.
Chemical tests showed heptene and nonene meet the smoke point and final boiling point specifications for ATF in the Central Excise Tariff, excluding classification as Motor Spirit or Raw Naphtha which require suitability for spark-ignition use. For Central Excise they merit classification as ATF. Under Customs exemption notifications the goods did not match Motor Spirit or Kerosene and initially fell under a residual entry, but following a later notification amendment the goods are classifiable as Naphtha for customs, allowing divergent classification across the two codes.
Stainless steel circles - Classification of
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Tariff classification correction: stainless steel circles heading amended to reflect the intended tariff headings in the corrigendum.
The corrigendum substitutes 72.19 or 72.20 for the incorrectly typed 72.22 in the Table entry to Notification No. 106/94-C.E., thereby correcting the amendment to Notification No. 40/94-C.E. and aligning the Hindi text with the corrected heading for stainless steel circles in the Gazette entry.
Whether goods manufactured by SSI manufacturer output of raw materials supplied by another person / manufacturer would be entitled to exemption under Notification No. 1/93-C.E. (NT), dated 28-2-1993
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Manufacturer status for job workers determines SSI exemption eligibility when raw materials are supplied by another person.
Whether goods made by an SSI unit from raw materials supplied by another person qualify for SSI exemption depends on which party is the manufacturer. If the supplier and job worker are in a principal-to-principal relationship, the job worker will be treated as the actual manufacturer. Determination relies on facts such as financial assistance by the supplier, supplier control over management, and whether the job worker is an independent entity rather than a dummy or agent.
Compounded levy scheme on stainless steel pattis/pattas - Specimen forms - Particulars to be filled up only to the extent applicable to compounded levy scheme
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Compounded levy scheme on stainless steel pattis: prescribed specimen forms must be used but only relevant particulars need be completed.
Compounded levy scheme on stainless steel pattis/pattas requires prescribed specimen forms to be used and completed only to the extent their fields are relevant to the scheme; administratively irrelevant particulars, such as worker counts in certain forms, need not be filled in or insisted upon.
Prohibition on issue of bonus shares out of reserves created by revaluation of fixed assets
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Prohibition on bonus shares from revaluation reserves: unlisted companies advised not to capitalise revaluation reserves for bonus issues.
The Department advises that existing private, closely held and other unlisted companies should not issue bonus shares out of reserves created by revaluation of fixed assets; bonus issues must be made from free reserves arising from genuine profits or from share premium received in cash, and reserves arising from revaluation of fixed assets cannot be capitalised for bonus issues.
Recommendation of Rekhi Committee-assessment of monthly RT-12 Returns - Regarding
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Approved classification list binding on assessors: Range Officers must follow lists when assessing monthly RT-12 returns.
Superintendents assessing monthly RT-12 returns must apply the approved classification list; inquiries under Rule 173I do not permit review or alteration of that list. The Board directs Range Officers to follow the approved Classification Lists in RT-12 assessments and to notify trade and field formations of this requirement.
Effect of the decision of the Supreme Court in ^Distributors (Baroda) Pvt. Ltd. ^v.^ Union of India^ [1985] 155 ITR 120
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Applicability of administrative circulars: earlier tax circular ceases to apply after a higher-court overruling, altering assessment year treatment.
The circular issued following the earlier Cloth Traders decision ceases to have applicability for any assessment year consequent to the later Supreme Court overruling in Distributors (Baroda), which supplies the controlling legal position for tax assessments and administration.
Rule 56B - Instructions - Regarding
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Rule 56B delegation now vests in Assistant Collectors, replacing previous Collector-only administrative authority over permissions.
Allocation of authority to grant permissions under Rule 56B is shifted from Collectors to Assistant Collectors; a prior position limiting such powers to Collectors has been re examined and revised so that Assistant Collectors will henceforth exercise the permission granting function under the Central Excise procedural framework.
Service tax on broker-issues raised by commissioner regarding
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Service tax timing on brokerage: clarifies when tax liability arises and how disputed transactions are treated for collection.
Questions concern the incidence and administration of service tax for stock-broking: audit access by Internal Audit/C&AG to brokers' premises; whether brokerage/commission is taxable at contract formation or on billing; and whether disputed transactions where clients withdraw or refuse payment give rise to tax liability at contract stage or only on receipt.
Gold Import Scheme - Modification proposed
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Gold import consignment scheme lets passengers file a declaration as a bill of entry and pay duty at arrival for delivery.
The proposed Scheme permits SBI/MMTC to import gold on consignment and store it in private bonded warehouses outside customs areas at specified airports or branch offices. Arriving passengers file a gold declaration treated as a bill of entry; the Proper Officer will verify eligibility, assess duty, and the passenger pays duty at an SBI counter. Two endorsed copies of the declaration/bill of entry enable the passenger to collect gold from SBI/MMTC delivery points after verification and payment. SBI/MMTC may be granted private bonded warehouse licences subject to security and location requirements.
Income-tax deduction from salaries during the financial year 1994-95 under section 192 of the Income-tax Act, 1961
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Tax deduction at source from salaries-updated withholding rules, permissive exemptions, and employer compliance obligations apply.
Employers must deduct income tax at source from salary payments at the average rate on estimated salary income including taxable perquisites, dividing the annual tax by twelve for monthly deduction, subject to statutory exemptions and exclusions. Taxable salary components include wages, fees, commissions, perquisites, pensions and specified provident fund accretions; valuation of perquisites follows the Rules and certain benefits are excluded or exempt if conditions are met. Deductions and rebates permitted under the Act (including the standard deduction, specified chapter VIA deductions and investment linked tax rebates) must be allowed for withholding, subject to verification; procedural obligations for deposit, reporting, issuance of TDS certificates and penalties for noncompliance are set out.
Issue of Notification No. 125/94-C.E., dated 31-8-1994 regarding brand name provision and for deletion of DGTD condition in the general SSI Scheme
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Brand name ownership: non owned marks do not bar small scale exemption, and DGTD exclusion has been removed.
Use of trade or brand names not owned by any particular person does not disqualify a unit from the small scale exemption under Notification No. 1/93 C.E.; the Law Ministry confirmed that freely used marks do not defeat eligibility, the third proviso addressing such marks has been deleted as redundant, and field formations should treat manufacturers using non owned marks as eligible. The amending notification also removed the DGTD exclusion consequent to abolition of DGTD.
Drawback - Condonation of delay in filing application for fixation of Brand Rate under Customs and Central Excise Duties Drawback Rules, 1971
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Condonation of delay in Brand Rate applications permitted for specified genuine causes, subject to documentation and verification.
The Ministry will exercise Rule 15 to condone delay in filing Brand Rate applications, allowing up to one hundred eighty additional days beyond the sixty days provided by Rules 6 and 7 in specified circumstances. Eligible situations include post-expiry direction to file Brand Rate after All Industry Rate denial, exhibition exports subsequently sold abroad, advance licence rejection or surrender, law-and-order or abnormal situation impediments, late notice of rate withdrawal, deferred duty payment pending litigation, and misfiling to wrong authorities. Applications must state specific reasons with documentary support and permit verification of input data, and Collectors must forward signed recommendations.
Central Excise - Classification-excisability of printing frames /flat bed screens for the period 1-3-1986 to 2-5-1994 - Regarding
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Classification of printing frames affirmed under Heading 84.42 historically; reclassification under Heading 59.09 backstopped by Section 37B.
Printing frames/flat bed screens are to be treated as classifiable under Tariff Heading 84.42 for the period up to 1 May 1994, reflecting acceptance of a tribunal decision; from 2 May 1994 they are reclassified under Tariff Heading 59.09 and a Section 37B order will be issued to give effect to the amended notification. The earlier circular creating the conflict is withdrawn, pending assessments should be finalised on this basis, and the Section 37B order is to be converted into a Trade Notice for internal use.
Carnet - Delegation of powers of extension of retention period of vehicles brought under carnet
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Carnet extensions delegated to Collectors of Customs for humanitarian, repair, and tourism reasons to expedite retention decisions.
Collectors of Customs are delegated authority to grant extensions of the duty free retention period for vehicles imported under a carnet, limited to cases of prolonged illness or death of the tourist or close relative, vehicle damage or accident necessitating repairs, and requirement of the vehicle for visiting historical or tourist interest places, to decentralise and expedite decisions previously exercisable by the Central Government.
Scope of prima facie disallowances under section 143(1)(a) of the Income-tax Act, 1961--Regarding
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Prima facie disallowance: limits tax deductions to substantiated, statutorily bounded, or not patently admissible claims under procedural controls.
Prima facie disallowance is limited to claims that are (i) incorrect on the face of accompanying return information, (ii) unsupported by statutorily required documents filed with the return, (iii) in excess of explicit statutory limits where relevant data appears in the return, and (iv) patently inadmissible in law with no two opinions possible. No other prima facie disallowance may be made without the Commissioner's prior approval; subsequently furnished evidence may be considered by rectification as permitted by existing Board instructions. The procedure applies to returns pending processing on the circular's date.
Tax concession for repayment of loan taken for pursuing higher studies - Section 80E of the Income-tax Act - Studies in architecture - Clarification regarding
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Tax concession under Section 80E includes graduate and post graduate studies in architecture for loan repayment benefits.
A taxpayer relief under Section 80E for interest on loans taken for higher education extends to graduate and post graduate studies in architecture, which are to be treated as branches of engineering for the purpose of the loan repayment tax concession.
Managerial remuneration - Payment of - Supreme Court decision
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Managerial remuneration approval deemed lawful where pay falls within earlier administrative guidelines, affecting pending approvals and refunds.
Supreme Court consent order deems appointments of managerial personnel approved where remuneration paid or payable is within the limits of the earlier administrative guidelines; payments reflected in companies' accounts covered by those guidelines are not to be treated as excessive; court undertakings to refund excess amounts are discharged if amounts fall within those guidelines; pending applications by companies that did not accept the later guidelines are deemed disposed, but the order excludes companies that had consented to the later guidelines.
Taxability of interest accrued on the Kisan Vikas Patras
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Taxability of accrued interest on Kisan Vikas Patras clarified: accrual basis assessment with prescribed accrual rates and maturity values.
Interest on Kisan Vikas Patras is taxable on an accrual basis; assessable interest for an assessee must be calculated by reference to the Department of Economic Affairs' table of prescribed interest rates and maturity values for the Rs.100 denomination, with maturity values computed on a half yearly compounding basis and applied according to the certificate's purchase date band and encashment date.
Extending the benefit of Notification No. 1/93-C.E. to branded elastic tapes - Clarification - Regarding
Show AI Summary
Notification benefit for SSI goods excluded where elastic tapes bear another manufacturer's brand; collectorates must act accordingly.
The Board clarifies that the benefit of Notification No. 1/93-C.E. does not extend to elastic tapes bearing the brand name or logo of a manufacturer other than the SSI manufacturer; weaving a customer's brand into the tape by the producer does not make the product eligible for the SSI concession. Collectorates must take action accordingly, notify the concerned Principal Commissioners, and submit compliance reports.

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