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Circulars
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Credit under Passbook Scheme
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Pass Book Scheme credit allowed where input quantities are quantity based; exclusions apply when quantity depends on FOB value.
Credit under the Pass Book Scheme is admissible where Standard Input Output norms specify input quantities or permit determination of quantity by reference to inputs used in the export product, including by net-to-net basis or by applying a formula; such quantity based norms qualify for credit. Credit is not admissible where input quantity is worked out as a percentage of FOB value. Verifying officers must ensure exporters declare input quantities and must verify such quantities at examination when processing the Shipping Bill.
Revised format for notice under Section 70(2) and 77 of Finance Act, 1994
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Failure to file service tax returns triggers a show cause notice and possible penalty under Section 77; response required.
The revised notice format consolidates enforcement under Section 70(2) and Section 77 of the Finance Act, 1994 by directing registered holders who failed to furnish quarterly Form ST 3 to submit returns within the time specified in the notice and to show cause why penalty under the penal provision should not be imposed for each day of continued contravention. Recipients must produce evidence for their defence, indicate whether they seek a personal hearing, and be aware that failure to respond or appear permits ex parte adjudication; the notice is issued without prejudice to other actions under applicable law.
Registration of Stock Brokers of National Stock Exchange
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Registration jurisdiction for stock brokers determined by place of membership grant and VSAT infrastructure location.
Trading members of the National Stock Exchange must register their premises with the Central Excise Commissionerate having jurisdiction over the place where trading membership is granted and where infrastructural facilities for installing and operating VSATs are provided, irrespective of the location of their other offices.
Export Cargo Transportation by Private Airlines Permitted
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Export cargo carriage by private airlines permitted subject to proof of export receipt and standing order compliance.
Private airlines may transport export cargo from inland airports to gateway international airports, limited to direct transfers and excluding cargo transhipped via intermediate airports. Commissioners must adopt Standing Orders based on the enclosed draft to allow movement of goods while ensuring return of proof of export receipt by the carrier; any deviations must be reported to the Board and an operational report submitted after three months.
Issue of certificates by Central Excise Officers regarding inputs actually used in the export product for the purpose of Pass Book Scheme- Instructions regarding.
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Certificate of actual input use enables exporters to claim credit under the Pass Book Scheme after officer verification.
Manufacturer-exporters may obtain a certificate from the jurisdictional Central Excise Officer confirming the actual input used for an exported resultant product under the Pass Book Scheme when alternate inputs are permitted; the officer must verify production records and the exporter's declaration and issue the certificate within 48 working hours of the written request.
98th Report of the PAC (1994-95) 10th Lok Sabha Action Taken- Regarding
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Pendency liquidation mandated within a fixed short time frame and monthly monitoring instituted by DGICCE.
The Board directs immediate liquidation of outstanding verification, refund claim and PLA reconciliation pendencies within a time bound short frame, permitting diversion of additional staff if necessary. DGICCE is assigned monthly monitoring through the Monthly Technical Report to apprise the Board of progress and remedial measures, and Chief Commissioners must ensure Commissioners report pendency status and take prompt corrective action.
Modvat Credit on Textile Fabrics
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Modvat credit on textile fabrics: differentiated actual and deemed input credits govern composite mills, job work and independent processors.
Extension of the Modvat credit scheme to textile fabrics from 4 September 1996 sets distinct treatments: composite mills that perform spinning plus in house weaving/knitting/crochet and processing may claim actual input duty credit and are not liable to duty on captively consumed yarn; multi locational mills pay duty at yarn stage while their separate processors can claim deemed credit; movement under rule 96D is withdrawn and processed fabrics must move under duty paying documents.
Central Excise - Eligibility of concessional rate of excise duty under Notification No. 53/93-CE, 46/94-CE or 56/95-CE to freezers and freezing equipments - Clarification regarding.
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Concessional excise duty eligibility for freezers affirmed by classifying them as refrigerating machinery, allowing reduced duty treatment.
Freezers and freezing equipment fall within Central Excise Tariff heading 84.18 as "other refrigerating appliances and machinery" because they operate by refrigeration and are treated as refrigerators in HSN explanatory notes; accordingly, the concessional rates of excise duty under the cited notifications apply to them.
Notification No. 30/95-CE dated 16.3.95- Clarification regarding
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Disjunctive construction of tariff descriptions confirms exemption for listed narrow woven fabrics under the notification.
The Board accepts CEGAT Madras's disjunctive reading of the notification: woven pile fabrics and chenille fall within the stated tariff description and the subsequent mention of "narrow woven fabrics" after a comma constitutes a separate category, so the specified narrow woven fabrics qualify for exemption from central excise and/or additional customs duty rather than being absorbed as a general clause of the preceding items.
Customs (Import of Goods at Concessional Rate of Duty for Manufacture of Excisable Goods) Rules, 1996
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Concessional import duty rules require registration, bond without surety and excise intimation for specified exemption notifications.
Rules limit concessional imports to exemption notifications that expressly apply; importer-manufacturers must register, submit an endorsed application for each import, execute a bond without surety for the differential duty (running bond permitted), and inform the Range Superintendent of receipt within two days. Standard forms are prescribed; Assistant Commissioners of Central Excise must countersign and endorse documents, conduct quarterly account checks and selective physical verifications, and recover duty and adjudicate in cases of short receipt or misuse.
Affixing of Central Excise Stamps for clearance of Matches under Self Removal Procedure- Clarification regarding
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Affixing of Central Excise Stamps remains required for matches despite their classification under self removal procedure.
Matches were brought under the Self Removal Procedure effective 23 July 1996, but there is no change to the procedure for payment of duty by affixing Central Excise Stamps; existing stamp-related procedures continue to apply mutatis mutandis.
DEEC Scheme - Revised Norms of Execution of Bond and Bank Guarantee for Custom
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Bond and bank guarantee requirements for duty exemption and EPCG imports define secured duty, category guarantees, and renewal obligations.
Revised norms require bonds and bank guarantees under DEEC and EPCG to secure the duty that would be leviable but for exemption-calculated as basic duty plus additional duty on merits minus additional duty actually payable-and prescribe category wise guarantee percentages, acceptable forms of surety (bank guarantee, cash security or specified financial institution guarantee), Commissioner discretion to demand higher guarantees for revenue risk or past defaults, minimum bond durations tied to export obligations, consignment wise guarantees at port of registration on request, and conditions for joint parent subsidiary bonding with joint and several liability.
Classification of Aqua Mineral Treated Water under Central Excise Tariff- Regarding.
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Classification of treated potable water as manufacture affects excise liability when demineralisation produces artificial mineral water.
Demineralisation or reduction of certain non essential minerals in potable water resulting in an artificial mineral water is treated as amounting to manufacture for central excise purposes and falls within the scope of the Central Excise Tariff classification rules and chapter notes, bringing such treated potable water within the chargeable tariff category.
Conversion of DEEC Shipping Bill to Pass Book Shipping Bill - Clarification
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Conversion of DEEC shipping bills to Pass Book shipping bills permitted where advance licence is unutilised and scheme conditions met.
Conversion of DEEC shipping bills to Pass Book shipping bills is permitted where the Advance Licence is unutilised due to surrender or transfer of debit entries, or where DEEC (Pt. II) export entries are deleted prior to conversion. The Assistant Commissioner of Customs may permit conversion after being satisfied that all Pass Book Scheme conditions are met, and only in respect of exports made after the exporter has applied for a Pass Book under para 66 of the Exim Policy. Customs Houses must update Public Notices and Standing Orders accordingly.
Share Transfer - Registration of - SEBI’s uniform norms for good/bad deliveries
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Good/bad delivery norms govern share transfers, specifying acceptable corrections, POA/custodian execution and attestation requirements.
SEBI's circular sets uniform good/bad delivery norms for share transfers: minor corrections in transfer deeds are acceptable when authenticated or when the unaltered corresponding entry confirms the detail; materially differing names are bad delivery except limited permissible variations; transfer deeds executed under power of attorney or by custodians are good only where PA registration, dates, signatures and required stamps or board-resolution notation appear; call payment receipts and their bank endorsements determine certificate good delivery; signature-based objections mandate fresh signed deeds and attestation where specified.
CBEC Circular No. 43/96-DBK
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Examination report procedure altered: central excise may record inspection on Invoice/AR4 and exporters present certified documents when filing shipping bill.
Central Excise need not record the examination report on the Customs Shipping Bill; examination may be conducted with reference to Annexure A and recorded on the Invoice/AR4, and the certified Invoice/AR4 together with Annexure A and the examination report must be presented by the exporter when filing the Shipping Bill.
Action under section 132 on the seized articles.
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Search and seizure procedure: confiscatory action permissible only after an authorised search is carried out.
Measures authorising confiscation of seized articles are contingent on a prior authorised search; confiscatory subsections cannot be invoked in preference to initiating a search. Where a sister department has seized items and contemplates confiscation, invoking the confiscatory route may be preferable to an alternative subsection, but only after the statutory search authorisation procedure has been complied with. Existing instructions requiring searches pursuant to express authorisation remain binding and must be followed to meet legal requirements.
Problems faced by exporters of man-made fabrics/ sarees in respect of rebate claims -Clarification regarding.
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Excise rebate entitlement allows simultaneous drawback claim for man-made fabrics, avoiding double relief concerns under applicable rules.
Exporters of man-made fabrics and sarees under Sl. Nos. 5404 and 5503 may claim a rebate for Central Excise duty paid on processing under Rule 12 of the Central Excise Rules, 1944 even where drawback under the Drawback Schedule is claimed, because All-Industry drawback rates for these items did not account for processing-stage excise duty, and allowing such rebate will not create double benefit.
C.E. - Classification of the product Ready Mix Concrete - Regarding.
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Classification of Ready Mix Concrete as excisable goods under non-refractory mortars leads to chargeability to excise duty.
Ready Mix Concrete produced by controlled batching and mixing of cement, aggregates, sand and additives constitutes manufacture, meets the tests of goods and marketability, and is appropriately classifiable as non-refractory mortars and concrete; it is excisable and chargeable to central excise duty, and pending disputes should be settled in accordance with these guidelines.
Drawback on Hangers Supplied with Garments
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Drawback on imported hangers permitted when unused and unchanged; payable alongside All Industry rate for garments.
Drawback on hangers imported with ready-made garments is allowable where hangers remain unused and unchanged; such drawback under section 74 may be granted simultaneously with the All Industry rate on garments provided the hanger value is not included in the garment value and both commodities are declared separately on the Shipping Bill with distinct values.

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