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    Warehousing - Adding new Column in the form of ex-bond Bills of Entry
    Misuse of Money Credit Scheme - Procedure to be followed - Regarding
    Central Excise Admisibility of Modvat credit on phosphoric acid used in purifying sugar
    Issue of default notices
    Central Excise - Payment of Government dues in instalments instructions - Regarding
    Applicability of section 13(1)(d) of the Income-tax Act, 1961, for assessment year 1983-84--Clarification regarding
    Classification of flattened wire of size 4 mm x 0.8 mm under Sub-heading 7210.19 or 7217.90 of Central Excise Tariff Act, 1985
    Winding up of superannuation fund--Rule 3(a) of part B of the Fourth Schedule to the Income-tax Act and rules 93 and 94 of the Income-tax Rules, 1962-...
    Rule 57J - Minutes on Point No. 32 of the Modvat Meeting held at Bombay on 7-5-1990 - Regarding
    Deduction for expenses on commission payable to agents appointed under the Standardised Agency System for Government securities and the agents of Post...
    Classification of 'Lugs' whether under Heading 8302 or 8308 of CETA, 1985 - Clarification Regarding
    Delay in registration of documents
    Problem regarding admissibility of money credit on exports - Minutes on Point No. 7 of the Modvat Meeting held at Bombay on 7-5-1990 - Regarding
    Classification and dutiability of product namely 'Cheetos' whether under sub-heading 1905.90 or 1904.10 of the Central Excise Tariff
    Receipt of Modvat based on certificate issued by CE Range Supdt. - Modvat meeting held at Calcutta on 19-9-1990 Point No.28 - Instructions regarding
    Dissolution - Simplification of the existing procedure for removal of the names of defunct Indian companies from the register of Companies under secti...
    Modvat meeting held at Calcutta on 19-9-90 - Point No. 24 regarding declaration under Rule 57G - Denial of Modvat credit due to change of nomenclature...
    Modvat meeting held at Calcutta on 19-9-1990 - Minutes on Point No regarding insistence on maintenance of accounts under Rule 57F(4) by units not opti...
    Admissibility of Modvat credit due to change in classification - Modvat meeting held at Bombay on 7-5-1990 - Point No. 13 - Regarding
    Storage of non duty paid goods outside the factory premises - Instructions regarding
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Warehousing - Adding new Column in the form of ex-bond Bills of Entry
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Warehousing bond-interest recording: new bill of entry column required to capture interest details and period.
Mandate to insert a new column titled Details of Bond-interest collected immediately below the "Date of removal of goods from the warehouse" on the ex-bond Bill of Entry, requiring (a) Date of first extension of warehousing period, (b) Amount of interest collected, and (c) Period for which interest collected, so that interest on customs duty for warehoused goods is collected timely and noted by assessing officers.
16/91-CX.8 - 25-03-1991 Central Excise
Misuse of Money Credit Scheme - Procedure to be followed - Regarding
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Misuse of money credit scheme: require pre-hydrogenation oil sampling and testing to verify eligibility and mandate remedial action.
Directive mandates pre-hydrogenation sampling and laboratory identification of vegetable oils used in vanaspati manufacture; draw samples from each lot and test at least one in five. If test results conflict with declarations, test all remaining samples immediately and implement remedial measures. Central Excise Officers must follow prescribed sampling procedures in the Basic Excise Manual and the commodity manual supplement.
15/91-CX.8 - 25-03-1991 Central Excise
Central Excise Admisibility of Modvat credit on phosphoric acid used in purifying sugar
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Modvat credit denial: phosphoric acid used in sugar purification not eligible as 'Input', prior instruction reaffirmed.
The Board reaffirms that phosphoric acid used in sugar purification is not covered by the term "Input" for Modvat and is ineligible for credit; this position, supported by consultation with the Chief Chemist, C.R.C.L., means the prior instructions in Circular No. 34/90-CX.8 (24-6-1990) will not be modified and trade and field formations are to be informed.
Issue of default notices
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Service of default notices changed from registered post to certificate of posting to reduce administrative expenses.
Default notices for non-filing of balance-sheets and annual returns under the Companies Act, formerly issued by registered post, are to be issued by certificate of posting as an administrative economy measure to reduce office expenses associated with the registered-post practice.
Central Excise - Payment of Government dues in instalments instructions - Regarding
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Installment payment of excise dues allows Principal Collectors to permit deferred payment with interest and mandatory reporting.
Principal Collectors of Central Excise may grant, on merits and in deserving cases, payment of Central Excise dues in up to 12 instalments after assessing the assessee's financial position and revenue interest. Interest is chargeable from confirmation of the demand as simple interest at 17.5% compounded monthly. Monthly reports of such cases must be sent to the Board, and requests for more than 12 instalments must be referred to the Board with clear recommendations including financial position and past tax performance.
Applicability of section 13(1)(d) of the Income-tax Act, 1961, for assessment year 1983-84--Clarification regarding
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Applicability of section 13(1)(d) clarified: effective from assessment year 1984-85; prior appeals will not be contested.
The substituted clause of section 13(1)(d) takes effect from assessment year 1984-85, not 1983-84; trusts that changed investment patterns between April and November 1983 should not be denied exemption for AY 1983-84. Appellate decisions favouring assessees on this issue are not to be contested, and Chief Commissioners may withdraw pending appeals and references under delegated powers.
6/91-CX.4 - 12-03-1991 Central Excise
Classification of flattened wire of size 4 mm x 0.8 mm under Sub-heading 7210.19 or 7217.90 of Central Excise Tariff Act, 1985
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Classification of flattened wire: shape-based interpretation assigns wire heading when the flat-rolled product definition is not met.
The Board concluded that the proviso in Note 1(k) to Chapter 72 applies only to products that meet the definition of flat rolled products in Note 1(k); if a product's cross-section does not conform to that definition the proviso does not apply and such flattened wire, if it satisfies the definition of wires in Note 1(o) to Chapter 72, should be classified under the tariff heading applicable to wires.
Winding up of superannuation fund--Rule 3(a) of part B of the Fourth Schedule to the Income-tax Act and rules 93 and 94 of the Income-tax Rules, 1962--Clarification regarding
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Approved superannuation fund winding up restricted unless employer's trade is wound up or discontinued under Income-tax Rules.
An approved superannuation fund established under an irrevocable trust cannot be wound up except when necessitated by the winding up or discontinuance of the employer's trade or undertaking; Rules 93 and 94 of the Income-tax Rules are analogous to the rules for gratuity funds and rule 3(a) of Part B of the Fourth Schedule requires establishment in connection with a trade or undertaking.
12/91-CX.8 - 28-02-1991 Central Excise
Rule 57J - Minutes on Point No. 32 of the Modvat Meeting held at Bombay on 7-5-1990 - Regarding
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Modvat credit on exempted intermediate goods: eligibility confined to job-worker units, including same-manufacturer job work; general relaxation denied.
Rule 57J permits Modvat credit on specified inputs for exempted intermediate products brought from outside only where those intermediates are manufactured as job work and the prescribed exemption has been availed; a manufacturing unit of the same manufacturer is eligible only if it acts as a job worker. Broad relaxation to permit any factory irrespective of job-worker status was refused to preserve the unbroken Modvat chain.
Deduction for expenses on commission payable to agents appointed under the Standardised Agency System for Government securities and the agents of Post Office Time Deposits and Unit Trust of India
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Ad hoc deduction for commission extended to authorised agents of specified savings and post office schemes.
The Board permits an ad hoc deduction at the rate of 50% of gross commission receipts to authorised agents of the Unit Trust of India and agents for specified national savings and post office schemes where detailed accounts are not maintained and gross commission is below the notified threshold. The deduction applies to National Savings Certificates VIII Issue; Social Security Certificates; Post Office Time Deposit and Recurring Deposit Accounts; National Savings Scheme 1987; Post Office Monthly Income Account Scheme; Kisan Vikas Patra; Public Provident Fund Accounts; and the Deposit Scheme for Retiring Government Employees 1989.
Classification of 'Lugs' whether under Heading 8302 or 8308 of CETA, 1985 - Clarification Regarding
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Tariff classification: lugs for suitcases treated as fittings under heading 8302 rather than under heading 8308.
Lugs manufactured by pressure diecasting from zinc alloy, finished by polishing and plating, used to attach handles on briefcases and suitcases are not clasps or fasteners and therefore are classifiable under Heading 8302 of the Central Excise Tariff Act, 1985; the Board accepted the Tariff-cum-General Conference recommendation and directed finalisation of pending assessments and intimation to field formations and trade.
Delay in registration of documents
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Document registration delay: certified corporate filings to be taken on record within a prescribed short period when properly certified.
Where documents required to be filed by companies are duly certified as correct by a practising Company Secretary, Chartered Accountant or Cost Accountant, they should be taken on record by the Registrar of Companies within a reasonable short period, establishing an expectation of prompt acceptance of certified filings.
11/91 CX.8 - 21-02-1991 Central Excise
Problem regarding admissibility of money credit on exports - Minutes on Point No. 7 of the Modvat Meeting held at Bombay on 7-5-1990 - Regarding
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Money credit scheme: credits are not refundable on inputs used in exported goods and are usable only against home-consumption duty.
The Board decided that the money credit scheme grants specified monetary credits unrelated to duty paid on inputs, and therefore such credits are not refundable when inputs or intermediate goods are used in final products cleared for export under bond; those credits may only be utilised to pay excise duty on similar final products cleared for home consumption on payment of duty.
4/91-CX.1 - 20-02-1991 Central Excise
Classification and dutiability of product namely 'Cheetos' whether under sub-heading 1905.90 or 1904.10 of the Central Excise Tariff
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Product classification: Cheetos treated as prepared foods from swelling or roasting of cereals, not as baked goods.
The product 'Cheetos', manufactured from cornmeal by extrusion, gelatinization, drying and seasoning, is produced by swelling or roasting of cereals and therefore classifiable under sub heading 1904.10 as prepared foods obtained by swelling or roasting of cereals; classification under the provision for baked goods was excluded because baking is not involved.
10/91-CX.8 - 20-02-1991 Central Excise
Receipt of Modvat based on certificate issued by CE Range Supdt. - Modvat meeting held at Calcutta on 19-9-1990 Point No.28 - Instructions regarding
Show AI Summary
Modvat credit: allow input credit when gate pass was applied in advance even if certificate issued after removal.
Where the application for a subsidiary gate pass is made sufficiently in advance of removal, Modvat credit shall not be denied merely because the Range Superintendent's certificate is issued after the recorded date and time of removal. The certificate must record the date and time of receipt of the application and the date and time of removal of duty-paid excisable materials or components. Range Superintendents must issue gate passes within the prescribed short period and report delays to the Collector for remedial action, and credit should be allowed when the application was timely despite later certification.
Dissolution - Simplification of the existing procedure for removal of the names of defunct Indian companies from the register of Companies under section 560
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Striking off defunct companies: liberalised procedure permits affidavit or indemnity plus audited accounts in lieu of historic filings.
Authorities may remove defunct companies under Section 560 by accepting an affidavit or indemnity from the Managing/Whole-time Director that the company has no assets, liabilities and is not conducting business, supported by audited accounts; latest available balance sheets may be relied upon instead of requiring historic 'nil' filings, while preserving statutory notice requirements to tax authorities and exercising caution where significant creditor claims or complaints exist.
9/91-CX.8 - 18-02-1991 Central Excise
Modvat meeting held at Calcutta on 19-9-90 - Point No. 24 regarding declaration under Rule 57G - Denial of Modvat credit due to change of nomenclature - Regarding
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Modvat credit: difference in nomenclature alone cannot bar credit if product classification and chapter are correct.
Where the product itself and its classification within the relevant chapter and headings is correct, Modvat credit should not be refused solely because the product's nomenclature differs owing to regional trade practices.
7/91-CX.8 - 18-02-1991 Central Excise
Modvat meeting held at Calcutta on 19-9-1990 - Minutes on Point No regarding insistence on maintenance of accounts under Rule 57F(4) by units not opting for Modvat
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Applicability of Rule 57F(4): non Modvat units need not maintain RG1 scrap records; collectors may request records as needed.
Clarifies that Rule 57F(4) and its RG 1 scrap record requirements apply only to units that have opted into the Modvat Scheme; non Modvat assessees should not be routinely required to maintain Modvat specific records, although Collectors retain discretion to request records as necessary for accountal purposes.
8/91-CX.8 - 16-02-1991 Central Excise
Admissibility of Modvat credit due to change in classification - Modvat meeting held at Bombay on 7-5-1990 - Point No. 13 - Regarding
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Modvat credit retrospective claims denied as declarations under Rule 57G lack retrospective effect to prevent misuse.
Retrospective Modvat credit arising from a change in classification or late clarification is not permitted where no timely statutory declaration was filed. The declaration is a verification safeguard to confirm receipt of inputs; conferring retrospective effect would hinder departmental control and risk misutilisation. Judicial authority supports denying retrospective effect to such declarations. Trade and field formations are to be informed of the decision and acknowledgments obtained.
3/91-CX.8 - 15-02-1991 Central Excise
Storage of non duty paid goods outside the factory premises - Instructions regarding
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Storage of non-duty-paid goods: Board retains permission power; fast-track application and forwarding timetable required for approvals.
Power to permit storage of non-duty-paid goods outside factory premises remains with the Board; a fast-track mechanism requires assessees to apply in advance to the Assistant Collector, who forwards within a week specified production, quota and storage-effort particulars to the Collector, who then forwards recommendations to the Board within a week. Base-year production will be used to judge excess production.

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