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    Drawback - Brand Rate can be got fixed for claim of drawback of anti- dumping duty paid
    Invoice - Abuse of Rule 52-A(6) of Central Excise Rules, 1944 - Need for Preventive Steps - Regarding
    Issue of certificates by Central Excise Officer regarding non-availment of Modvat Credit - Clarification regarding
    Income-tax deduction from salaries during the financial year 1995-96 under section 192 of the Income-tax Act, 1961
    Central Excise - Classification of printed materials of advertising nature on metal plates - Regarding
    Office Equipment, spares, etc. import/ procurement from DTA without BOA's permission
    Radial tyres import as scrap not permitted
    Software package for entry of AD & CR.
    Interpretation or rules, etc. - Reference to Board and other commissioners Essential
    Issue of notification as per section 54 of the Customs Act, 1962 - Transhipment- regarding
    Issue of clearance in F.37-I.
    Quantity-based advance Licences - No additional duty on imports for exports of leather and readymade garments
    Value - based Advance Licences - No additional Duty on imports for exports of leather and readymade garments
    Private Bonded Warehouses -Further Guidelines
    Tax deduction at source from payment made to foreign shipping companies
    Co-operative society engaged in a cottage industry--Deduction under section 80P(2)(a)(ii) of the Income-tax Act--Clarification regarding
    Warehoused goods- Calculation of customs duty
    DEEC/ EPCG Scheme - Bond facility extended to Export Houses & Other Relaxations
    Clarification regarding computation of tax in respect of long-term capital gains under section 112 of the Income-tax Act, 1961
    Customs and Central Excise duty on newsprint (including glazed newsprint)
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Drawback - Brand Rate can be got fixed for claim of drawback of anti- dumping duty paid
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Anti dumping duty rebate: claimable only via brand rate after verification, included when goods are exported as imported.
Anti dumping duty is rebatable as duty drawback but, since it is excluded from the all industry drawback rate, it can be claimed only by obtaining a brand rate after verification that the inputs which incurred anti dumping duty were actually used in the exported goods; if imported goods subject to anti dumping duty are exported as such, drawback will include the anti dumping duty as part of total duties paid.
Invoice - Abuse of Rule 52-A(6) of Central Excise Rules, 1944 - Need for Preventive Steps - Regarding
Show AI Summary
Invoice serialisation compliance prevents invoice number misuse and mandates printed running serial numbers to deter duty evasion.
The circular identifies misuse of invoice numbering-where serial numbers are not pre printed and are hand written or assigned later-as a means to evade excise duty. It directs surveys of duty paying units to ensure invoices bear printed running serial numbers for the whole financial year, mandates prompt offence proceedings for infringements, placement of noncompliant units on suspect lists, intensified surveillance of clearances, and strict field implementation of related recordkeeping rules.
Issue of certificates by Central Excise Officer regarding non-availment of Modvat Credit - Clarification regarding
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Non availment of Modvat Credit: certificates may be issued where monthly reversal occurs before periodic return filing.
Where a manufacturer/exporter reverses Modvat credit at the end of each month for all exports of that month and before filing the RT 12 return, the Range Superintendent may issue the requisite certificate of non availment of Modvat credit on the exporter's copy of AR 4/AR 4A or an attested copy, after verifying range records including RG 23A, defaced invoices, RT 12 returns and the Range's copy of the relevant AR 4/AR 4A.
724 - 29-09-1995 Income Tax
Income-tax deduction from salaries during the financial year 1995-96 under section 192 of the Income-tax Act, 1961
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Tax deduction from salaries: employer duties, estimation rules and allowable exemptions and reporting obligations for payroll withholding.
Rates and procedure for deduction of income-tax from salaries for 1995-96 under section 192 require employers to estimate gross salary including perquisites, allow specified deductions (standard deduction, Chapter VI-A) and applicable rebates, compute tax at prescribed slab rates, deduct monthly in equal instalments, remit using prescribed challans and TAN, issue Form No.16, and file annual returns; exemptions, perquisite valuation rules, aggregation of income where multiple employers exist, and penalties, interest and prosecution for non-compliance are explained.
Central Excise - Classification of printed materials of advertising nature on metal plates - Regarding
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Classification of advertising metal plates as advertising sign plates under tariff Chapter determines their excise classification.
Printed metal plates functioning as advertising signs are classifiable under Chapter 83 as advertising sign plates because their essential character is advertising function; the more specific heading governs and Chapter 83 is aligned with the HSN which excludes metal sign plates from the printing chapter.
Office Equipment, spares, etc. import/ procurement from DTA without BOA's permission
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Waiver of Board approval allows duty-free import and procurement of office equipment by eligible export scheme units without itemwise permission.
Amendments remove the requirement of obtaining case-by-case permission from the Board of Approval for duty-free import of office equipment, spares and consumables by units under EOU/EPZ/STP/EHTP schemes, and a parallel excise amendment permits duty-free indigenous procurement of the same items without specific Board approval; other procedures and conditions under the relevant exemption notifications remain unchanged.
Radial tyres import as scrap not permitted
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Import restriction on used tyres: only physically cut tyres and tubes permitted; radial tyres cannot be imported as scrap.
Import of used rubber tyres and tubes is permitted only if tyres are cut in the bead wire and tubes are cut into two pieces; radial tyres must not be imported as scrap to evade the Import Export Policy, and field formations are directed to enforce this interpretation strictly.
Software package for entry of AD & CR.
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Arrear demand entries to be captured on departmental software, printed in prescribed formats and updated annually on computers.
Directorate of Income-tax (Systems) provided a software package and operational instructions for computerised entry, data capture and backup of Arrear demand entries. Assessing Officers must have arrear demand entries as on 1st April 1995 captured on computers immediately, using Computer Centres or outsourcing. Captured entries are to be printed in two prescribed AD & CR formats (original sequence and alphabetical by assessee). Collections/reductions may be recorded manually during the year and must be updated on computers at the beginning of the next April. This instruction supersedes the earlier Board instruction.
Interpretation or rules, etc. - Reference to Board and other commissioners Essential
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Interpretation references: endorse copies to other commissioners to secure consultative views and avoid processing delays.
When referring issues of interpretation of law, classification or procedure to the Board, the referring officer must endorse copies of the reference to the other Commissioners of Customs so they can communicate views; Commissioners of Central Excise with ICD/CFS/ACC must likewise copy their references to other Commissioners of Customs.
Issue of notification as per section 54 of the Customs Act, 1962 - Transhipment- regarding
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Transhipment without duty: notification designates all customs ports and ICDs for automatic transhipment, rescinding prior lists.
Notification No. 50-Customs (N.T.) dated 6 September 1995 appoints all Customs ports, Inland Container Depots and Customs airports notified under section 7 as places where imported goods may be allowed transhipment without payment of duty, subject to the proper officer's satisfaction that goods are bona fide for transhipment; earlier specific notifications declaring particular airports and ICDs as transhipment places are rescinded and field officers are to be issued standing orders and trade informed.
Issue of clearance in F.37-I.
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Clearance procedure for government-related property transfers: NOC expedited after non-purchase undertaking.
Where Government or related organisations furnish an undertaking that properties "should not ordinarily be purchased" under Chapter XXC, the Appropriate Authority shall expedite grant of the No Objection Certificate in Form F.37 I and preferably issue the NOC within ten days from filing of Form F.37 I, to streamline clearance for transfers by or to Government, semi Government bodies, PSUs, housing boards and similar entities.
Quantity-based advance Licences - No additional duty on imports for exports of leather and readymade garments
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Exemption of additional customs duty for advance licence imports when licence applications and qualifying exports meet prescribed eligibility conditions.
Exemption from both basic and additional Customs duty is available for materials imported against Value Based Advance Licences for leather garments and ready-made garments when licence applications are filed on or after 19th September, 1995 and relied-on exports occur after filing; inputs are subject to an Actual User Condition, licences are non-transferable, exports prior to the specified date cannot fulfil obligations for earlier applications, and the scheme adopts compliance, recordkeeping, and monitoring requirements in line with the earlier Notification No. 204/92-Cus.
Value - based Advance Licences - No additional Duty on imports for exports of leather and readymade garments
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Exemption of additional customs duty for advance licence imports permits duty-free inputs for specified garment exports subject to strict eligibility conditions.
Exemption from both basic and additional customs duties is allowed on materials imported against Value Based Advance Licences for specified leather and readymade garment exports where licences and corresponding licence applications are dated on or after the specified notification date; imports linked to exports or export obligations predating that filing are ineligible. Imported materials are subject to an Actual User condition, non-transferable, usable only by the licence holder or joint supporting manufacturer, and exports under this scheme are not eligible for drawback; Customs must monitor compliance and maintain separate records including CIF/FOB values and revenue foregone.
Private Bonded Warehouses -Further Guidelines
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Private bonded warehouse rules: heightened security, solvency and insurance requirements for sensitive goods, with proportional bond and guarantee safeguards.
Guidelines require categorising private bonded warehouse applicants into sensitive and non sensitive goods handlers and impose differentiated safeguards: sensitive goods applicants must provide a solvency certificate from a scheduled bank, avoid residential locations, maintain robust physical security, firefighting arrangements and comprehensive insurance in favour of the customs authority; existing licences must be reviewed and remediated. Sensitive consignments require proportional cash deposit or bank guarantee security, with an option for revolving bonds; non sensitive applicants need lower solvency and ordinarily the statutory double duty bond, while transit transfers outside metropolitan limits require transfer bonds or guarantees with commissioners empowered to demand higher security.
723 - 19-09-1995 Income Tax
Tax deduction at source from payment made to foreign shipping companies
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Tax deduction at source: TDS provisions do not apply to payments for voyages governed by section 172.
A separate voyage wise levy and recovery regime governs tax on shipping income of non residents, operating ship wise and journey wise and displacing general TDS provisions for payments related to such voyages. Agents acting on behalf of non resident ship owners or charterers are regarded as stepping into the shoes of the non resident principal, so the non resident shipping tax code applies rather than resident focused TDS rules for carriage or works contracts.
722 - 19-09-1995 Income Tax
Co-operative society engaged in a cottage industry--Deduction under section 80P(2)(a)(ii) of the Income-tax Act--Clarification regarding
Show AI Summary
Cottage industry deduction permitted when members conduct manufacturing; incidental outside dyeing or transport does not bar the deduction.
Deduction under section 80P(2)(a)(ii) is available to a co-operative society engaged in a cottage industry if it meets conditions: small-scale operations, not requiring Factories Act registration, owned and managed by the society, activities carried on by members and their families without outside hired labour, members are shareholders, work may be at members' residences or a common society place, and the activity is manufacture, production or processing. Payments to outside agencies for dyeing, bleaching or transport do not by themselves disqualify a weavers' co-operative if weaving is done by members and other conditions are satisfied.
Warehoused goods- Calculation of customs duty
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Customs duty calculation: duty rate for goods cleared after warehousing expiry is determined on payment date.
When goods are cleared from a warehouse after the authorised warehousing period has expired they cease to be warehoused goods and duty for such post-expiry clearances is to be calculated at the rate prevailing on the date of payment of duty; valid extensions filed before expiry preserve the original treatment, while extension requests filed after expiry cannot be granted.
DEEC/ EPCG Scheme - Bond facility extended to Export Houses & Other Relaxations
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Bank Guarantee relaxation: export houses may clear imports under DEEC and EPCG schemes against bond without guarantees.
Export Houses are permitted parity with Trading Houses to clear imports under DEEC and to clear capital goods under EPCG against a bond without a bank guarantee, except where the EPCG Committee specifically prescribes a bank guarantee. Under the zero-duty EPCG, exemption from bank guarantee on bond clearance is confined to Trading House tiers, while Export Houses may clear on bond subject to a reduced bank guarantee for the duty differential saved or any higher minimum prescribed by the EPCG Committee.
721 - 13-09-1995 Income Tax
Clarification regarding computation of tax in respect of long-term capital gains under section 112 of the Income-tax Act, 1961
Show AI Summary
Computation of long-term capital gains tax: set-off of losses reduces taxable gains before flat-rate tax applies.
The circular clarifies that in computing tax under the statutory flat-rate mechanism for long-term capital gains, the Income-tax Act's set-off and aggregation rules are applied first so that losses from other heads reduce long-term capital gains; only the residual amount included in total income is taxable at the prescribed flat rate.
Customs and Central Excise duty on newsprint (including glazed newsprint)
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Newsprint duty exemption expanded: product-specific customs relief and excise relief tied to registered mills supplying registered newspapers.
Amendments make customs exemptions for newsprint product-specific so eligible newsprint is fully exempt from basic and additional customs duty without prior end use conditions, and extend full exemption to certain mechanical wood pulp paper within the specified paper subheading. Excise exemptions previously tied to import entitlement certificates are replaced: newsprint is exempt from excise duty when manufactured by a mill registered under Schedule 1 of the Newspaper Control Order, 1962 and supplied to a newspaper against its purchase order, with "newspaper" defined under the Press and Registration of Books Act, 1867.

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