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Circulars
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CORRIGENDUM NO. 1 TO PUBLIC NOTICE NO : 17/97
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Let Export Order controls: amendments to shipping bills and freight require customs permission and fresh procedures.
Goods must be presented for examination and Let Export within seven days of filing or a fresh declaration must be filed. If carriage is shifted to a different airline after export permission, the Let Export Order must be cancelled and freight amended in the Shipping Bill with Assistant Commissioner approval. Airlines cannot amend freight for CIF or C&F consignments after Let Export without authorised customs permission and amendment; authorised officers must list upward freight revisions daily to A.C.(DBK).
Income-tax deduction from salaries during the financial year 1997-98 under section 192 of the Income-tax Act, 1961
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Tax deduction at source from salaries: employers must estimate annual salary and deduct tax periodically under section 192.
Employers must estimate each employee's salary income for 1997-98, compute tax on that estimate under section 192 at prescribed tiered rates and deduct tax on average at each payment; no deduction is required if estimated salary income does not exceed the exemption threshold. Aggregation rules apply where employees have multiple employers or furnish particulars of other income/TDS (Forms 10E/12C), subject to conditions preventing aggregation if it would reduce tax liability. Deductors must deposit deducted tax timely, issue prescribed certificates and returns (including Form 16 and Form 24), quote TAN, and observe penalties and procedural requirements for failures to deduct, remit or report.
SION - HB Vol.2 amended/ Added
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Standard input-output norms amended: additions and corrections update product-specific import requirements and add new entries to the handbook.
Amendment to the Handbook of Procedures Vol. 2 revises the Standard Input-Output Norms by prescribing corrections, substitutions and additions to product-specific input requirements and inserting new SION entries across Chemicals and Allied Products, Engineering Products, Sports Goods, Textile Products and Miscellaneous Products. Annexure A lists targeted amendments to existing entries (revised input lists, quantities, deletions and renumbering), while Annexures B-F set out the new operative SION entries with detailed import-item descriptions, alternative inputs and quantitative norms to be incorporated into the handbook.
Hij pilgrims - Information on Baggages Rules, etc
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Customs assistance to Haj pilgrims to provide baggage rules and open information centers at embarkation points.
Customs are directed to disseminate baggage rules and provide assistance to Haj Pilgrims at all air embarkation points, reflecting the shift from sea to air travel. Commissioners of Customs must ensure information and support at departure airports and, where feasible during the Haj season, open Customs information Centers in State Haj Houses. Coordination with State Haj Committees and relevant state departments is required to notify concerned parties and facilitate on-site assistance for pilgrims prior to travel.
ICD / CFS -Cost Recovery Charges
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Cost recovery for customs staff allows advance deposits for only the officers actually posted at ICDs/CFSs.
Posting of customs staff at ICDs and CFSs is on a cost recovery basis with sanctioned staff complements prescribed for export-only and for import-and-export facilities; full sanction is to be obtained even if initially fewer officers are posted. The Commissioner of Customs may, on custodians' request, post less than the sanctioned strength where business is limited and accept advance deposits of cost recovery charges for the staff actually posted for a specified initial period. A public notice should be issued to notify these arrangements.
Duty Drawback on Textiles (Garments, Madeups) etc. - Original rates restored upto 31/12/97 - New (Lower Rates) Effective 1/1/98
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Duty drawback restoration for specified textile exports reinstates higher rates temporarily and permits supplementary claims under Rule 15.
Restoration of Duty Drawback rates reinstates higher all industry rates for specified knitwear, garments and made ups with effect from 17.10.1997 until 31.12.1997; a separate notification will implement revised rates effective 1.1.1998. Exporters entitled to higher amounts may file supplementary claims under Rule 15 of the Customs and Central Excise Drawback Rules, 1995 (as amended).
Unclaimed / Uncleared Cargo
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Unclaimed cargo disposal allows custodians to auction goods if customs do not object, with proceeds shared between parties.
Custodians are authorised to dispose of long standing unclaimed or uncleared import consignments through public auction using reserve prices fixed by custodians' approved valuers; customs must notify disputed or stayed consignments within specified response periods or lose objection rights. Valuations may be resolved by a three valuer panel; staged reductions in reserve price apply for perishable and non perishable goods after failed auctions, including simultaneous sealed tenders. Custodians must send periodic disposal lists and keep consignment wise accounts; sale proceeds are to be shared between custodians and customs on a 50:50 basis pending final accounting to ensure statutory duty recovery.
Allocation of Major Head/Minor Head/Sub- Head for depositing Service Tax
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Service tax accounting codes revised - taxpayers must adopt updated deposit headings for correct classification and accounting.
Assessees must immediately use revised Major Head/Minor Head/Sub Head accounting codes for depositing Service Tax under the Finance Act, 1994; earlier trade notices on the subject are cancelled. Annexures provide the updated alpha numeric codes mapping each service to distinct sub heads for Tax Collections, Other Receipts, and Deduct Refunds to ensure consistent classification and accounting of Service Tax receipts.
Irregular counting of some exports under Advance Licenec Scheme & EOU Scheme
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Dual counting of exports under Advance Licence and EOU schemes undermines export obligation compliance; field enforcement must prevent misuse.
Certain export consignments routed through 100% Export Oriented Units or Export Houses were irregularly counted both under the Advance Licence Scheme and the EOU Scheme, causing the same exports to be applied to fulfil export obligations under both schemes; field formations are directed to be alert to such misuse and to prevent recurrence by enhanced oversight.
Rebate of Central Excise duty under Rule 12(1)(b) of the Central Excise Rules, 1944 on processing of fabrics used in manufacture of made-up articles of cotton and man-made textiles exported out of India- Regarding.
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All Industry Rate of Drawback supersedes prior rebate circulars, rendering earlier excise rebate guidance on fabrics infructuous.
Earlier Central Excise circulars permitting rebate for duty on processing of fabrics used in manufacture of exported made-up textile articles were based on the prior Drawback Schedule. Adoption of an All Industry Rate of Drawback, effective 23.10.96, which accounted for excise duty on fabrics in computing drawback rates and deleted the prior note, rendered those circulars infructuous and they are treated as withdrawn w.e.f. 23.10.96.
Cellular telephone service — Clarification
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Taxable value: including sim card; DOT junction charges not double-taxable; refunds require refund claim procedure.
Rent and access charges collected by cellular operators from subscribers, including amounts passed to DOT for junctions, form part of gross receipts subject to service tax and should not be taxed again when paid to DOT to avoid double taxation. Charges for SIM cards are part of the taxable value as activation processing; excess tax payments cannot be adjusted without filing a refund claim under the refund procedure. Free services with no receipt are not taxable, and discounted supplies attract tax on the reduced consideration received.
Jewellery EP Schemes - Relaxations for Banks, Bond Value, etc
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Bonded warehouse relaxations let nominated banks use licensed vaults with bonds and stock verification safeguards.
Banks nominated as agencies may use licensed branch vaults instead of separate bonded warehouses, keep segregated duty free accounts, submit branch or head office bonds under Section 59 covering duty liability for maximum likely stocks, and operate without separate bank guarantees for those bonds; banks must allow periodic surprise stock verifications and exporters clear metals from banks against their own bonds and guarantees while customs may recover duties and encash guarantees on default.
Service Tax on courier service
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Courier agency definition governs service tax liability; angadia delivering items for a charge are taxable and exemptions denied.
Section 65(12) defines Courier Agency by reference to commercial activity in door-to-door transportation of time-sensitive documents, goods or articles and that definition, rather than the commercial name used, determines liability under Section 66 of the Finance Act, 1994; operators such as angadia who receive and deliver items for a charge are chargeable to service tax, and neither exemption nor lump-sum alternative payment methods for such services are permitted.
Clarification regarding deduction of tax from payments of additional pay, allowances and arrears to Central Government employees following the notification based on recommendations of the 5th Pay Commission--Regarding
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Tax deduction under section 192: withholding required on additional pay, allowances and arrears following pay revision.
Directing Disbursing and Drawing Officers to deduct income-tax from disbursements of additional pay, revised allowances and arrears arising from pay revision, by applying the average rate of income-tax under section 192 on the estimated income of the assessee for the financial year, and to ensure proper and adequate deduction where employees enter or move within the tax net.
Export to Specified Countries - SIL entitlement raised to 2% from 1%
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Special Incentive Licence entitlement increased for exports to specified countries, extending additional export incentives under policy.
Paragraph 12.7(e) of the Handbook of Procedures (Vol. I) under the Export and Import Policy is amended to grant an enhanced additional Special Incentive Licence entitlement for exports to the countries specified in the Handbook appendix, replacing the prior additional entitlement and thereby altering the incentive available to eligible exporters.
Export of BrownSea Weeds and Agarophytes -Ceiling Announced
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Export ceiling on brown seaweeds requires pre shipment inspection and regional licence allocation, licences issued first come, first served.
An export ceiling for processed brown seaweeds and agarophytes (excluding G edulis of the Tamil Nadu coast) is imposed for the licensing year, conditioned on production of a pre shipment inspection certificate from MPEDA regional/sub regional offices; regional licensing offices are allocated the ceiling, licences are issued on a first come, first served basis, and port offices must report exhaustion and submit quarterly shipment details to the Ministry and Director General of Foreign Trade.
Clarification regarding labelling and repacking etc. amounting to manufacture.
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Repacking or relabelling assessment depends on factual operations; mere transfer between containers may not amount to manufacture.
Clarification explains that whether relabeling of containers or repacking from bulk packs amounts to manufacture must be decided on the facts of each case; mere transfer of material between vessels at dealers' premises or godowns generally will not constitute repacking amounting to manufacture. Packaging indicative of repacking includes prepacked quantities intended for wholesale or retail sale, packaging done without the purchaser present, and packages bearing manufacturer and product details. Duty liability under the chapter notes depends on a fact-specific assessment and interpretation consistent with prior chapter notes.
Classification of instrument cluster - Regarding.
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Classification of instrument clusters as motor vehicle parts confirms tariff treatment as vehicle parts when supplied dashboard-ready.
Instrument clusters composed of multiple measuring devices mounted on a panel designed for dashboard fitment are identifiable as suitable for use solely or principally with motor vehicles; therefore, dashboard-ready instrument clusters are classifiable as parts and accessories of motor vehicles under the Central Excise Tariff.
Powers of adjudication of Additional Commissioner of Customs
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Adjudication powers expanded allowing Additional Commissioner to decide certain customs duty show-cause cases with limited monetary involvement.
The Board modified prior instructions by authorising that where customs duty was unpaid, short-levied or erroneously refunded due to collusion, wilful misstatement or suppression of fact, show-cause notices under section 28 of the Customs Act involving duty up to Rs. 5 lakhs may be adjudicated by the Additional Commissioner of Customs, and directed issuance of standing orders to disseminate the change.
Delection of explosives and other war materials in imported consignments of hevy melting scrap - Procedure for disposal
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Import metal scrap safety: mandatory full examination and certification to prevent explosives in consignments from war-affected areas.
Import consignments of heavy melting scrap originating from countries affected by rebellion or war must be accompanied by a Pre-shipment Inspection Certificate and a contractual warranty that the goods contain no arms, ammunition, mines, shells, cartridges, radioactive contamination or other explosive material; such consignments must undergo Full Examination and, pending delisting of a specified inspection agency, clearances based on that agency's certificates require physical verification by customs.

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