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Circulars
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Clarification regarding the particulars to be prescribed under Rule 57 GG
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Transportation particulars in dealers' invoices must state mode, vehicle registration and despatch time to ensure compliance.
Dealers' invoices under the Proforma Invoice formats of Notification No. 33/94-CE must indicate mode of transportation, motor vehicle registration number and time of despatch where goods are transported by motor vehicle, shown after column (i) relating to date and time of issue in serial Nos. 1, 3 and 4; suitable trade notices may be issued to communicate this requirement.
Board's Circular No. 685, dated 20-6-1994--Non-initiation of proceedings for reopening of assessments in respect of employees--Regarding
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Non-reopening of employee tax assessments where employer pays short-deducted tax and interest under the Board's compliance circular.
Assessments of employees will not be reopened or disturbed merely because employers disclosed excess salary payments or perquisites where employers have paid the short-deducted tax and interest pursuant to Board's Circular No. 685; this non-reopening treatment aims to encourage voluntary compliance by employers defaulting in tax deduction at source and is to be communicated to Assessing Officers.
Exemption to components of IC engines cleared under Chapter X procedure before the Budget but used after the Budget - Whether exemption applicable - Regarding
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Excise exemption on components: benefit remains if post clearance end use for manufacture is proved after rescission.
The exemption is determined at the time of clearance and the end use requirement is a post clearance condition that may be satisfied after rescission; components cleared under the earlier notifications do not lose exemption solely because they were unused on the rescission date, provided they can be proved to have been used in the manufacture of diesel oil operated internal combustion engines, and where applicable, those engines must themselves have been exempt under the engine exemption notification.
Central Excise - Whether coercive measures to recover duty demanded as a result of adjudication till such time as the appeal filed by the appellant has been disposed of by the Collector (Appeals) be taken - Regarding
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Coercive recovery of excise dues: grace period for payment runs from communication of order, not from decision.
Coercive measures to recover duty adjudged should not be initiated until the taxpayer is allowed a three month grace period for payment, and that grace period runs from communication of the adjudication order to the assessee rather than from the date of decision; this clarification has been accepted by the Board and field formations and trade stakeholders are to be informed.
Delegation of powers to Principal Collectors of Customs and Collectors of Customs as per section 152 of the Customs Act, 1962
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Delegation of customs powers decentralises warehousing station approvals to local collectors, expediting export-oriented unit setup.
Delegation authorises Principal Collectors of Customs and Collectors of Customs to declare places as warehousing stations for export oriented units to decentralise approvals and expedite unit setup; a new notification supersedes the earlier one. The circular clarifies that Central Excise officers previously covered are not excluded and that the notification must be read with earlier appointment notices; Collectors should issue public notices to implement the delegated authority.
General insurance business, Kerala state insurance department (ksid), Liable for registration clarif
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General insurance registration requires service-tax compliance when agencies hold statutory insurance certificates under the applicable notification.
Under Notification No. 2/94-ST, every person carrying on general insurance business and possessing a certificate of registration under the Insurance Act, 1938, is required to register as an assessee for collection of service tax. Agencies undertaking such business within the relevant jurisdiction are accordingly to be identified and registered for service-tax purposes.
Drawback - Delay in receipt of applications for fixation of brand rate.
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Drawback brand rate application timing: late filings must state reasons and seek extension to avoid rejection.
Applications for fixation of a brand rate must be filed within thirty days of export, and the Central Government may extend that period if it is satisfied the exporter or manufacturer was prevented by sufficient cause from filing on time. Late applications received without a request for extension and without stated reasons are liable to rejection. Exporters and manufacturers should therefore state reasons for delay and specifically request extension when filing after thirty days.
CHA - Grant of Regular CHA Licence under Regulation 10(2) of the CHA (Licensing) Regulations
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CHA licence portability: licencees may obtain a regular licence at another station if regulatory conditions are satisfied.
A holder of a regular CHA licence at one Customs station is eligible to obtain a regular licence at another station provided he fulfils the eligibility criteria for grant of a regular licence at that station. Authorised employees may sign all documents, including bills of entry and shipping bills, on behalf of the licencee without having passed the principal licence examination; the employer must file written authority and comply with employee examination timing obligations.
Short visits abroad after availing Transfer of Residence facility during period of one year stay in India - Reg.
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Short visits abroad after Transfer of Residence: no undertaking or guarantee required if officer is satisfied it's a short trip.
Where the proper officer is satisfied that a passenger who has availed Transfer of Residence is leaving for a short visit abroad during the one-year stay in India, the passenger shall not be required to furnish any undertaking, surety, bank guarantee or letter of purpose and duration; officers should allow exit without such documents.
CREATION OF A CELL/DIVISION FOR SERVICE TAX OUTSIDE THE HEAD QUARTERS OF COLLECTERATES - REG.
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Service tax administrative cells can be created at deputy or assistant collector premises to improve local supervision and guidance.
Where the principal taxable activity is located outside the collectorate headquarters station, a Cell/Division for Service Tax may be established in the Deputy Collector's premises or, if no Deputy Collector exists, in the Assistant Collector's office with suitable staff; the proposal to designate a range to deal with Service Tax is not acceptable and local cells remain subject to headquarters supervision.
Service Tax — Appointment of Officer for Bombay Area
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Jurisdiction assignment: Collector of Central Excise Bombay I given jurisdiction over Bombay I, II and III under service tax rules.
The Central Board of Excise and Customs, under Rule 3 of the Service Tax Rules, 1994, amends its earlier order to substitute the table entry for S.No. 2 so that the Collector of Central Excise, Bombay I is assigned the jurisdiction of Bombay I, Bombay II and Bombay III as defined in sub rule (ii) of Rule 2 of the Central Excise Rules, 1944.
Steps to check evasion of Central Excise duty on goods transported by Railways - Regarding
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Access to railway records allowed for tax authorities to check excise duty evasion, subject to safeguards.
Authorised Central Excise and Customs officials may extract information from Railway Receipts, Forwarding Notes and other relevant railway documents upon request to check evasion of Central Excise duty, provided no records are removed from goods and parcel offices and railway working is not interfered with.
Use of Invoice w.e.f. 1.4.1994 - Instructions regarding
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Invoice use priority in assessments with supervisory approval required before issuing demands; reporting and evaluation mandated.
Instructions prioritize assessment of Form RT 12 returns filed for April and May 1994, requiring Superintendents to refrain from issuing demands without Assistant Collector or Deputy Collector approval. Collectors were to send evaluation reports and suggestions to the Board by specified deadlines; an immediate status and evaluation report was requested due to non-receipt. The circular also directs that RT 12 returns filed before April 1994 be assessed to ensure no case becomes time-barred, stressing supervisory approval, reporting, and timely assessment.
Furnishing of information to treaty partner countries under DTAA.
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Exchange of information under DTAA: routine half yearly proforma reporting plus suo motu briefs where tax evasion is suspected.
Routine exchange of information under the Exchange of Information article of DTAAs requires half yearly proforma reports to the Board concerning transactions involving treaty partner country recipients; the monetary threshold for routine reporting is raised and reports for periods ending 30 June and 30 December must reach the Board by the end of the following month. Additionally, authorities must send suo motu, self contained briefs to the Board where tax evasion in the treaty partner country is suspected.
Appointment of Central Excise Officers for purpose of assessment and collection of Service Tax
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Service Tax jurisdiction appointments assign designated Central Excise Collectors responsibility for assessment and collection under Service Tax Rules.
Designated Collectors of Central Excise are appointed for assessment and collection of service tax under the Service Tax Rules, 1994, with specific territorial jurisdictions and classes of assessees assigned by schedule; jurisdiction for other assessees is as defined in sub rule (ii) of Rule 2 of the Central Excise Rules, 1944, and the definitions of Collector (Appeals) and Principal Collector in specified sub rules of Rule 2 are declared applicable to service tax matters.
SERVICE TAX—CLARIFICATION
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Service tax on specified services requires centralized registration, quarterly returns and provisional assessment procedures.
Chapter V of the Finance Act, 1994 imposes service tax on three specified services and, through Service Tax Rules, 1994, establishes centralized registration (Form ST-1/ST-2), quarterly returns (Form ST-3/ST-3A), bank collection via TR-6 challans to Major Head 0044, and a Rule 6 provisional assessment mechanism allowing assessment on deposited amounts with Central Excise Rules applicable; appellate procedures and Collectorate administrative cells are prescribed for implementation.
Central Excise - Exemption to agricultural implements/appliances and parts thereof - Notification No. 64/86-C.E. as amended - Clarification - Regarding
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Exemption for agricultural implements now covers mechanical agricultural appliances, affecting assessment and trade notification processes.
The exemption for agricultural implements under the Central Excise Tariff is held to include mechanical agricultural appliances and machinery (examples: sprayers, dusters, mist blowers, flame guns, weeders, wheel hoes, seed drills, threshers). Pending assessments should be finalised on this basis and lower field formations and trade informed.
When directors can be treated as 'officer who is in default' under section 5
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Officer who is in default: prosecutions should target managing directors or managers and the company, not ordinary directors when managers exist.
The circular endorses the Rajasthan High Court interpretation that when a company has a managing director, whole time director or manager, prosecutions for statutory defaults under the Companies Act should be instituted against those managerial officers (and the secretary, if any) and the company; ordinary directors fall within the definition of "officer who is in default" only where none of those managerial officers exist and the Board has not specified particular directors (or where it has specified directors, after filing the prescribed return).
Non-initiation of penalty and prosecution proceedings in certain cases of defaulters under Chapter XVIIB
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Tax Deduction at Source compliance: voluntary payment of outstanding TDS plus interest avoids penalty and prosecution
Employers must deduct and remit tax at source on salaries, allowances and perquisites paid or provided abroad for services rendered in India; failure to do so makes the employer an assessee in default with interest and exposes them to penalties and prosecution. The Board offered a time limited concession exempting voluntary payers who remit the full outstanding TDS plus interest by the specified cutoff from initiation of penalty and prosecution proceedings, and directed wide publicity for the concession while warning of strict enforcement thereafter.
Explanatory Notes on the provisions relating to direct taxes
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Tax rate restructuring: Finance Act revises income tax rates, expands TDS scope, and introduces estimation schemes and exemptions
The Finance Act, 1994 revises income tax rates and surcharge treatment, standardises uniform withholding rates for specified nonresident incomes, expands TDS to rent and contractor sub contracts, and alters advance tax instalments and interest for shortfall. It creates new senior income tax authorities, makes certain 143 intimations appealable, and prescribes earlier company return dates. Substantive changes include reduced holding periods for securities and mutual funds for long term capital gains, estimated income schemes for construction and truck businesses, targeted tax holidays and expanded exemptions and deductions for select sectors and beneficiaries.

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