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Circulars
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Determination of assessable value- Changes made in the Budget 1996-97 - Regarding.
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Assessment under Section 4: goods cleared from the factory gate before amendment remain subject to prior valuation, no differential duty.
Goods cleared from the factory gate before the amendment to Section 4 are governed by the pre-amendment valuation regime; valuations based on normal sale price or sale-depot price allowed before the amendment remain unaffected, and subsequent removal from depot after the amendment does not trigger differential duty where clearance from the factory gate occurred prior to the amendment.
Advance Licences - Instructions regarding - Telegraphic release Advice
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Telegraphic Release Advice requires port issuance with warehouse commissioner concurrence and specified clearance checks prior to release.
Telegraphic Release Advice for Advance Licence clearance must be issued by the port of registration only with concurrence of the Commissioner having jurisdiction over the warehouse, except if the warehouse is a specified port; where experienced staff is lacking the Commissioner may grant concurrence and require the issuing port to specify all aspects to be checked, and the T.R.A. must explicitly list checks including sample drawl for testing if necessary.
Diplomatic personnel import of vehicles - BE endorsement
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Diplomatic vehicle endorsement requires expedited, courteous customs processing and immediate corrective measures for transfer delays.
Customs officers must ensure endorsement in the Bill of Entry for transfer or sale of vehicles belonging to privileged persons and diplomatic missions is processed promptly, providing expeditious and courteous services. Port officers must investigate inordinate delays at entry points and take immediate corrective measures when diplomatic personnel seek changes in bills of entry to facilitate timely transfer of ownership.
Adoption of yellow colour tr-6 challans for depositing service tax under major head "0044-service tax'-reg.
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Service tax challan colour change: yellow TR-6 challans mandated to ensure correct revenue classification and segregation.
To prevent misclassification between service tax and union excise receipts, yellow TR-6 Challans are to be adopted for deposits under Major Head "0044-Service Tax" effective 1 December 1996, to ensure proper segregation, correct scrolling by banks and conforming to the Manual for Collection of Revenue (paras 4.2.2-4.2.3); trade notices will instruct banks and field formations accordingly.
"Cable" scope defined
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Scope of cable classification clarified: includes polarisation holding, plastic and large core fibres and associated cables.
The circular clarifies that the term Cable under the referenced customs notification covers polarisation holding fibres, plastic fibres and large core fibres, and cables made from these fibres, and directs that pending assessments be finalised accordingly.
Conversion of DEEC Shipping Bills into Pass Book Shipping Bills
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Conversion of DEEC shipping bills: permitted where exporter holds a Pass Book at time of conversion application, enabling credit.
Conversion of DEEC shipping bills filed on or after 30 May 1995 is allowable provided the exporter possesses a Pass Book on the date of seeking conversion; this accords with the DEEC requirement of prior Advance Licence application and Notification No. 104/95-Customs does not bar credit where a Pass Book was held on the date of application, and Circular No. 44/96-Cus. is modified accordingly.
Fixation of brand rate of Drawback without pre-verification - Simplified procedure - Extension of the scheme
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Simplified brand rate fixation extended to registered partnership manufacturer-exporters, subject to certificates, bond and post-verification requirements.
Extension of the Simplified Brand Rate Fixation Scheme to registered partnership manufacturer-exporters who furnish a registration certificate, an Assistant Commissioner of Central Excise certificate confirming at least two years' manufacture of the export product, and a bankers' certificate confirming premises, an account of at least one year, and financial soundness; subject to all existing Scheme conditions including bond execution and departmental post-verification, with failure to arrange post-verification within three months exposing the applicant to withdrawal of the facility and reversion to pre-verification.
Duty Drawback -All Industry rates of Drawback, effective from 23.10.1996
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Duty drawback rates updated to simplify classification and extend payment rules, including lower-threshold payments and wider claimant eligibility.
The Ministry revised the All Industry rates of Drawback, redesigning Drawback Table entries to seven-digit descriptions, consolidating footnotes into entries, expanding General Notes, and specifying product descriptions to facilitate electronic processing. Changes include broad banding and caps for ready-made garments and fabrics, recognition of Central Excise duty incidence on made-up textile articles, continuation of drawback for DEEC-imported inputs, amendment to permit payment where drawback is below the prior one percent FOB threshold, and extension of simplified Brand Rates payment to additional types of claimants.
Classification of Tarpaulin/ Processed waterproofing canvas cloth- Clarification regarding.
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Tarpaulin classification depends on a visible uniform coating; absent it, treat the material as waterproof fabric for tariff purposes.
Classification of tarpaulin and wax coated canvas depends on the presence of a visible layer-a uniform coating visible to the naked eye distinct from mere residues; if no visible layer exists and the base is cotton, the goods are prima facie classifiable as waterproof fabric. Samples may be tested by the Deputy Chief Chemist and classification should be decided on the facts of each case, with Explanatory Notes not prevailing over chapter or section entries.
Monitoring of pendencies/ disposal of Provisional Assessment
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Monitoring of provisional assessment pendencies requires strict compliance with specified inspection instructions and acknowledgment of receipt.
Monitoring of pendencies and disposal of provisional assessment requires strict adherence to the Director General of Inspection's instructions; administrative officers must implement the specified guidance in tracking and finalizing outstanding provisional assessment matters and acknowledge receipt of the Circular.
Central Excise - Procedure for despatch of one consignment of more than one vehicle - Regarding.
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Despatch of multi-vehicle consignments: parent invoice procedure permits duty payment on the primary invoice for complete machinery.
Procedure permits manufacturers to notify the Assistant Commissioner and Range Superintendent and, after verification of the Central Excise declaration, to issue a Parent Invoice for an assembled machinery unit split across several vehicles. Duty is paid on the Parent Invoice covering total value and vehicle numbers with an annexed inventory; each subsequent part invoice must cite the Parent Invoice and debit entry reference and be accompanied by an attested photocopy of the duplicate Parent Invoice. Input credit is admissible only on receipt of the Parent Invoice and the entire consignment, while separate consignments not constituting a single unit must be classified and invoiced separately.
Clarification on manner of collection of service tax on telephones service reg.
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Service tax collection on telephone services: collect on bills received; treat SSA book-transfer date as date of credit.
Tax on telephone services is to be levied on the value of telephone bills received during the month, with the Department not insisting on reconciliation between service tax billed and service tax collected and relying on Telecom Department financial controls; the date of crediting for payment, interest and penalty purposes is the first book-transfer date in the cash section of the Secondary Switching Area, and a journal-slip document similar to Rule 7 entries is to be prescribed for use with ST-3 and TR-6 payments.
Determination of assessable value - Changes made in the Budget 1996-97- Regarding.
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Place of removal rules: sale price at depot determines excise assessable value and transport costs form part of valuation.
Amendment expands place of removal to include depots and consignment agents and deems time of removal as clearance from the factory; the sale price at the place of removal is the normal price for excise assessable value, allowing different values by depot. Assessments may be based on the prevailing depot price on the date goods clear the factory, provisional assessment used only if that price is unavailable or fluctuating. Transport and depot expenses form part of the sale price at the place of removal. Job work valuation follows existing Valuation Rules, using comparable price or cost plus notional profit.
Guidelines for use of E.C.C Codes in C.Ex. records
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ECC code allocation requires unique ten-character dealer identifiers with structured prefix and suffix, to be used on invoices.
Allocation and mandatory use of ECC Codes is required for persons issuing invoices under Rule 57G or Rule 57T and registered under Rule 174. Commissioners must allot unique ten-character ECC codes structured as: Commissionerate (2 chars), Division (2 chars), Range (2 chars), Range serial (3 chars, 001-999) and a suffix (initially "D", then "E" if needed). Commissioners must maintain monthly-updated lists, publish them to dealers, and ensure ECC codes appear on invoices.
Proposal for introduction of self-assessment - Instructions regarding.
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Self-assessment obligation: assessees must file revised RT-12 returns with a signed self-assessment memorandum, enabling departmental scrutiny.
Assessees must file revised RT-12 returns and maintain PLA and RG-23 accounts in new proformae showing ECC numbers and tariff sub-heading break-ups, append a dated signed self-assessment memorandum instead of Range-completed assessment memoranda, submit specified Modvat credit documents and challans, retain records, and produce documents to authorities on request; officers must scrutinise and verify returns and Modvat credits in a time-bound manner, supervise provisional assessments, and issue demand-cum-show-cause notices where duty appears escaped or under-assessed.
Correct description of "Vincristine" under notification No. 30/88-CE - Reg.
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Concessional duty entitlement: a spelling error in a drug description does not defeat the concessional excise benefit.
Concessional central excise duty under notification No. 30/88-CE covers the drug correctly named Vincristine despite a typographical entry "Vincrastin" in the Annexure; a spelling error in a notification's description shall not defeat entitlement to the concessional rate, and the benefit for Vincristine must be allowed for the period prior to the notification's rescission, with pending cases disposed accordingly.
Showing of Service Tax on brokerage separately on the Bill
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Service tax disclosure: brokers must show tax amount separately on contract notes and bills to ensure transaction transparency.
Requirement that Service Tax be shown separately on brokerage bills and contract notes to promote transparency in securities transactions; stock brokers must prominently indicate the Service Tax amount on bills for sale or purchase of securities, and exchanges/trading bodies were asked to notify members of this directive.
CE- Process of tinting of duty paid base white, etc. paint with duty paid stainer to obtain paint of different shades, whether amounts to manufacture - Clarification regarding.
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Tinting of duty-paid base paints not treated as manufacture, so no fresh excise liability on resultant shaded paint.
Tinting duty-paid base white emulsion/enamel paint with duty-paid stainers produces only a different shade without change in name, character or use; there are no Chapter or Section Notes treating tinting as manufacture. Applying the test that manufacture requires emergence of a new and different article, the Board holds tinting does not amount to manufacture and, where inputs are duty-paid, the resultant shaded paint does not attract fresh excise liability.
Excise duty on gases falling under Chapter 28 and 29 escaping into atmosphere by flare system - Regarding.
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Excise duty on gases: gases escaping via flare are not treated as manufacture and thus not liable to excise.
Gases produced in a factory that escape into the atmosphere via a flare system or otherwise are not regarded as manufactured products and therefore do not amount to clearance; consequently such gases falling under the relevant tariff headings and allowed to escape to atmosphere are not liable to excise duty, applying the non-manufacture classification affirmed in the Budget Instructions to the adjacent tariff chapters as well.
Date of charging of commission/brokerage for the purpose of payment of service tax-reg...
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Service tax charge timing: tax arises when commission or brokerage is billed; no tax where no commission is charged.
Service tax on stockbroker commission or brokerage is payable when the broker raises a bill; the taxable value is the aggregate commission or brokerage charged, including sub-broker payments. Bills must show each transaction separately (or separate bills issued) so tax is charged per transaction. If a transaction is incomplete and no commission is charged, the taxable value is nil and no service tax is collectible or payable.

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