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Circulars
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Gold & Silver Import -Duty Payment In Indian Rupees
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Payment of customs duty in Indian Rupees permitted for nominated agencies and SIL surrendering importers for gold and silver imports.
Import of gold and silver is permitted to nominated and authorised agencies designated by the Reserve Bank of India or the Ministry of Finance; customs duty may be paid in Indian Rupees by such agencies without surrender of a Special Import Licence (SIL), and by other importers in Indian Rupees upon surrender of a SIL, with duty amounts and procedures as notified by the Department of Revenue.
Time limit for decision making for disallowing Modvat Credit-Point No. 80(iii) of the Customs & Central Excise Advisory Council Meeting held on 10th January, 1997-regarding
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Time limit for disallowing Modvat credit: decisions must be prompt and subject to commissioner monitoring for delays.
All cases of alleged irregular availment of Modvat Credit where the assessee has replied to a show cause notice must be decided within three months from receipt of the reply; in exceptional cases Commissioners of Central Excise must personally monitor delayed matters to ensure speedy disposal.
Revalidation and Extension in Export Obligation Period of Advance Licences issued under Duty Exemption Scheme
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Revalidation and extension of advance licences: pro rata reduction allowed; penalty applies to unfulfilled export value.
Revalidation and extension of Advance Licences under the Duty Exemption Scheme permit pro rata reduction of export obligations where shortfall does not exceed fifteen percent and no imports occurred, with fulfilment measured against the reduced obligation. Further extension of the obligation period attracts a penalty on the unfulfilled FOB value as prescribed by Public Notice No.38, but no penalty applies where value obligations are met and only quantity remains outstanding. Public Notice No.38 applies to Chapter 7 licences issued under EXIM Policy 1992-97 on or before the stated cut off and also covers Special Imprest Licences, subject to project contractual duration and EXIM guidelines.
Filing of Civil Appeals against CEGAT orders in the Supreme Court
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Civil appeals filing requires authorised submission with full appellate records and prompt justification for any delay.
Proposals for civil appeals against CEGAT orders must be submitted to the Board within ten days of receipt of the CEGAT order in the Commissionerate, with necessary RMS and paper books, and must be made by the Commissioner or with his approval; delayed submissions require a day by day time chart explaining the delay for condonation and may trigger accountability and action against responsible officers.
Testing of goods exported under DEEC / Drawback / Pass Book Schemes
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Inhouse testing recognition permits reliance on certified export test results to log DEEC/Pass Book benefits, subject to surprise Customs checks.
Manufacturer exporters may rely on recognized inhouse testing facilities (GMP, ISI/CSIR/Ministry approval, or ISO 9002) by enclosing inhouse test certificates with the shipping bill to avoid Customs sample drawal for DEEC and Pass Book logging. Alternatively, certified Central Excise test reports showing required technical characteristics, accompanied by the factory examination report, may be used to waive sampling; such reports are valid for six months. Customs retains the right to draw samples or withdraw these facilities if adverse information arises.
HB Vol.1 - DEPB Rate list - Appendix 28A
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DEPB rate notification updates: new product coverage and amended credit rates incorporated into the procedural appendix.
Notification under the DEPB scheme adds twenty-seven new products and amends descriptions and/or credit rates for listed items; the annexures containing these rate entries are incorporated into Appendix 28A of the Handbook of Procedures, Vol. I, thereby updating the operative schedule of export benefit rates authorized under the Export and Import Policy.
Advance licences issued during March- June'95 -Export Obligation Extended up to 30 months/Dec.'97
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Extension of Export Obligation permitted for certain advance licences; revalidation subject to committee approval and penalty.
Advance licences issued in March-June 1995 may be considered for revalidation or extension of export obligation periods beyond 30 months up to December 31, 1997, by the Advance Licensing Committee, Headquarters, applying parameters in Public Notices No.38 and No.40 and under the Director General's authority; extensions that cause the obligation period to exceed 30 months are subject to a penalty on the unfulfilled value of the export obligation.
Classification of Pesticides for the purpose of levy of excise duty and countervailing duty - Reg.
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Classification of pesticides: bulk technical grades excluded from retail pesticide heading and must be reclassified by chemical nature.
Technical grade bulk pesticides are chemically distinct from retail formulations and, following tariff amendments, are excluded from Chapter 38 heading covering insecticides put up for retail sale; such bulk chemically defined products must be classified on their chemical nature under the relevant chemical chapters or alternative chemical headings, with resulting excise duty and CVD treatment adjusted and recoveries made for any misclassification.
Simplification of procedures of setting up ICDs/CFSs
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Temporary customs area declaration permits commissioners to designate locations for loading or unloading under emergency powers.
Commissioners are authorised, in emergencies, to temporarily declare any place within the port or airport jurisdiction as a customs area for loading or unloading goods, exercising relevant statutory emergency powers; the Board has rescinded paragraph 7 of the earlier circular to permit this operational flexibility in import and export exigencies.
Gold/Silver import to domestic sale by specified agencies
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Import exemption for designated agencies: authorised import of specified gold and silver without licence or SIL surrender.
Designated agencies authorised by the Ministry of Finance, including the Reserve Bank of India, may import specified unwrought, powder and semi manufactured forms of gold and silver for sale in the domestic market without licence or without surrender of SIL under the listed ITC(HS) entries; policy for direct imports by other importers remains unchanged.
HB of procedure Amended -Domestic sale by EOUs etc. - Reimbursement of CST on supplies to EOUs
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Reimbursement of Central Sales Tax: procedure requires CST registration, C Forms, and audited documentation for quarterly claims.
Reimbursement mechanism for Central Sales Tax (CST) on DTA supplies to EOUs, EPZs, FTZs, EHTP and STP units requires CST registration, maintenance of a material receipt register, submission of original invoices, C Forms and proof of payment, and a Chartered Accountant's certificate reconciling invoices and bank payments. Claims are submitted quarterly to the Development Commissioner or designated officer, subject to pre-audit, a six-month filing limit from quarter-end, and reimbursement limited to CST amounts supported by C Forms.
Disputes between Customs and Central Excise Department and PSUs- permission of COD of pursuing further litigation - endorsing of copies of O-in-O passed by Commissioners of Customs & Central Excise and orders in appeals passed by Commissioners (A)- Regarding.
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Endorsement requirement for PSU-related customs and excise orders: Commissioners must forward copies to the Board's Judicial Cell for COD review.
Copies of orders-in-original issued by Commissioners of Customs and Central Excise and appellate orders by Commissioners (A) that involve public sector undertakings must be endorsed to the Board's Judicial Cell, designated to Commissioner (R)/DS (R) or SO (Judicial), so that the Judicial Cell can retain these orders for discussion at COD meetings in the Cabinet Secretariat; such endorsements are required henceforth without fail.
Repayment of rupee denominated credits granted by former USSR -Rupee Value Changed
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Special Currency Basket rupee value change alters repayment calculation for deferred USSR-era rupee credits under bilateral protocols.
The Reserve Bank revised the Indian Rupee value of the Special Currency Basket to Rs. 44.0282 effective 15.9.1997; this revised rupee value is the operative conversion basis for repayment of rupee denominated commercial credits granted by organisations of the former USSR under the deferred payment protocols dated 30.4.1981 and 23.12.1985.
Video film includes film on video tape or compact video
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Terminology substitution clarifies that 'video films' means film on video tape or compact video disc, affecting import policy.
The notification substitutes the term video films with film on video tape or compact video disc in existing public notice provisions under the Export and Import Policy, 1997-2002, using delegated authority to amend terminology and thereby clarifying the items covered by import controls for cinematograph and video-format media.
Central Excise- Expeditious acceptance of bond for exports without payment of duty - Regarding.
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Acceptance of export bond must be expedited, verified promptly and communicated to prevent disruption of export schedules.
Acceptance of exporter bonds under Rule 13 or Rule 14 must be verified immediately by the Assistant Commissioner's office and, if complete, accepted and communicated to the exporter by the next working day; existing relaxations on security/surety for specified export categories should facilitate this expedited processing and delays will be viewed seriously.
Clarification reg. Reversal of Modvat Credit on non-excisable items removed from the ship in the process of breaking .
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Non-excisable goods from ship breaking permit full modvat/cenvat credit on the ship without reversal under excise credit rules.
Goods recovered in ship breaking that do not fall under the shipbuilding tariff are non-excisable goods, and the whole ship (except ship stores) is an input to ship breaking; therefore the rule denying credit for inputs used in exempt or nil-rated finished excisable goods does not apply and the full modvat/cenvat credit on the ship is available without reversal.
Duty Drawback on Export - Revision of All Industry Rates of Drawback
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Duty drawback revision allows supplementary exporter claims with specified declarations and a repayment obligation for excess payments.
Exporters may file supplementary drawback claims for specified entries by submitting a letter declaring exporter name and address, shipping bill number and date, the applicable drawback table serial/sub serial reference, the previously obtained drawback amount with supporting receipt or challan (provisional or final), the difference claimed, and a declaration to repay or adjust any excess amount; such a letter may be accepted if the claim is otherwise in order. The circular also amends an identified serial/sub serial entry in the drawback table.
Streamlining the Procedures for Clearance of Import/ Export Goods
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Confiscation powers for uncleared imported goods reinforced to reduce cargo dwell time and expedite airport clearance procedures.
Customs and custodians must apply statutory confiscation and disposal powers to imported goods uncleared within the statutory period or falling in the negative list, with goods removable to customs godowns or destroyed if valueless, after notice to the importer and permission of the proper officer. Operational measures require two-shift import cargo shed operations, partial release of export consignments into bonded areas to reduce examination-area congestion, and continuation of a temporary fifty percent licence fee concession for customs-occupied space pending final decision.
Denial of Modvat Credit on Transformer Oil- Regarding
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Modvat credit admissibility permitted where transformer oil's value is included in the final product and contained at clearance.
Modvat credit is admissible on transformer oil where the oil's value is included in the value of the final product and the oil is contained within the transformer at the time of clearance from the factory; transformer oil is integral to the functioning of the transformer and thus qualifies as an input under the applicable rule.
Procedure foe dealing with case of suspected misdeclaration of value in applications licences issued between 1/4/1993 and 6/3/1995
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Misdeclaration of import/export values: licensing authorities to scale down CIF entitlements and refer cases for enforcement.
Administrative procedure directs Customs to determine prima facie over valuation by comparing declared international prices with prevailing prices at application date and to refer suspect cases to a Screening Committee. The Committee will decide whether licences require scaling down of CIF entitlements, penal proceedings, or no action. Licensing authorities must implement approved reductions and limit scaling down to unutilised CIF balances where imports were partly or not made before the cut off; transferable licences require corrective steps or penal action if transferees refuse.

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