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6/93-CX.6 - 31-03-1993 Central Excise
Delay in approval of price and classification lists - Regarding
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Delay in approval of classification and price lists requires strict adherence to prescribed time limits and reporting of delays.
Approvals of classification lists and price lists must be completed within the prescribed time limits, with filing and monitoring measures to minimise pendency; senior officers must inspect and fix responsibility for unreasonable delays, and specific reasons for any overdue approvals must be reported in monthly administrative reports.
Commission earned by insurance agents of Life Insurance Corporation--Allowance of expenditure
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Ad hoc deduction for insurance agents: allowance based on first-year or renewal commission or gross commission, bonus taxable.
Ad hoc deduction for LIC agents not maintaining detailed accounts is allowed where total commission is below the eligibility threshold: if first year and renewal commission figures are available, 50% of first year commission and 15% of renewal commission; if not, 33% of gross commission, subject in both cases to a ceiling. Gross commission excludes bonus commission, which is fully taxable and not eligible for deduction. Agents above the threshold are ineligible and their expenses are to be examined by the assessing officer. Applies from the stated assessment year onward.
Commercial Papers (CPs) and Certificates of Deposits (CDs)--Applicability of provisions of section 194A of the Income-tax Act, 1961--Clarification regarding
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Discount on money-market instruments treated as non-interest, so tax-at-source under section 194A not applicable to Commercial Papers, Certificates of Deposit.
The difference between issue price and face value of Commercial Papers and Certificates of Deposit is to be treated as discount allowed and not as interest; therefore, the provisions relating to deduction of tax at source under section 194A are not applicable to transactions in these instruments.
Valuation of closing stock on dissolution or taking over of the firm or conversion into a Co.
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Valuation of closing stock: market value applies on dissolution or succession, subject to factual determination of succession.
Closing stock should be valued at market value where dissolution or succession to a business is established, but applicability of succession is a mixed question of law and fact to be decided case by case using tests of change of ownership, integrity, identity and continuity; revenue authorities may scrutinise transactions for sham devices and capital transfer consequences.
1/93-CX.3 - 17-03-1993 Central Excise
Central Excise - Classification of "Prickly Heat Powder" - Whether under Chapter 30 or 33 - Clarification regarding
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Product classification of prickly heat powder: brand-specific treatment as medicament or cosmetic per expert committee advice.
The Harmonized System Committee advised brand-specific tariff treatment for prickly heat powders-one brand as a medicament and two brands as cosmetic preparations-and the Board accepted this advice, directing that classification of all prickly heat powders be decided in accordance with the Committee's report and background note.
Allotment of shares of Public Issue to be Listed ‑ Issue of refund orders under section 73(2)/(2A)
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Refund orders for public issue allotment require registered posting above a prescribed threshold and attract interest for delays.
Companies must dispatch refund orders for public issue allotments exceeding a prescribed threshold by registered post, with smaller refunds sent under certificate of posting; delayed refunds attract interest at a prescribed annual rate payable with the refund or duplicate refund order up to the date of actual despatch, and companies remain subject to Companies Act penal provisions for non compliance.
NIL - 15-03-1993 Income Tax
Clarification on applicability of the Expenditure tax, 1987
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Room charges include state luxury tax, so expenditure-tax threshold can be met; luxury tax excluded from chargeable expenditure.
State-imposed luxury tax and similar taxes collected by the hotel are part of room charges for determining applicability of the Expenditure-tax Act, but those taxes are not included as part of the chargeable expenditure when computing the tax under the Act.
Requirement of obtaining report of a registered valuer for value of jewellery exceeding Rs. 5 lakhs--Rule 18 of Schedule III to the Wealth-tax Act
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Valuer report reuse allowed for jewellery valuation; subsequent years permitted with metal value and transaction adjustments.
The Board allows a registered valuer's jewellery valuation report to be reused for the next four assessment years if the value of gold, silver or alloys is substituted to reflect the subsequent valuation date and if the original valuation is increased or decreased to account for any sales, disposals or acquisitions occurring on or before the subsequent valuation date; compliance requires filing the original report with a chart showing these adjustments.
Clarification on applicability of the Expenditure-tax Act, 1987
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Inclusion of state luxury tax in room charges triggers expenditure tax applicability but excludes that tax from chargeable expenditure.
State levies like luxury tax are included in the definition of room charges when determining whether a hotel's per day room rate meets the statutory threshold for applicability of the Expenditure tax Act; however, those State taxes, while counted toward the room charge threshold, are excluded from the calculation of chargeable expenditure for computing tax under the Act.
Expenditure on food or beverages provided to the employees by an employer--Section 37(2) of the Income-tax Act, 1961--Clarification
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Entertainment expenditure rules: employer provided meals for low paid employees may be deductible if genuine and during working hours.
The Board clarified that expenditure on food or beverages provided during working hours to employees whose salary income from employment does not exceed Rs.24,000 (excluding non monetary benefits) need not be treated as entertainment expenditure even if provided outside the employer's premises, provided the expenditure is genuine and reasonable and the employees are not directors or persons with substantial interest; higher paid employees subject to the exclusions in section 17(2)(iii) remain treated as entertainment expenditure.
Currency paper (Water-mark Bank Note paper)
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Import controls on currency paper permit specified note presses to import without licence subject to actual user ministry approval and reporting.
Import of water mark bank note paper is allowed without licence only to specified government Note Printing Presses and designated BRBNM units on an Actual User basis upon a specific Ministry of Finance approval letter presented to Customs; authorised importers must submit quarterly returns of quantity and value to the Ministry of Finance. Newsprint under Exim Code 48.01 may be imported without licence by RNI registered entities on Actual User basis subject to RNI authenticated evidence and prescribed mid year and annual audited reporting to the Registrar of Newspapers for India.
3/93-CX.8 - 11-03-1993 Central Excise
Permission for transfer of Money Credit on acquisition/amalgamation of existing factory by another owner
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Money credit transfer prohibited on ownership change; new owner must file fresh declaration to claim credit on stock.
Transfer of Money Credit on change of factory ownership or amalgamation is not allowed. A new owner must satisfy the declaration requirement to participate in the Money Credit scheme; credit is available only for inputs used in manufacture after filing the declaration. The new owner may claim credit on inputs in stock after fulfilling declaration conditions, but any excess utilised credit recorded by the prior manufacturer is not transferable or available to the new owner.
Deduction in respect of provision for bad and doubtful debts made by banks.
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Provision for bad and doubtful debts must be set off against all bank bad debts before claiming write-off deduction.
Actual bad debts of all branches, rural or urban, must first be set off against the provision for bad and doubtful debts already allowed under Section 36(1)(viia), which uses rural-branch advances only to quantify the permissible provision; only any excess may be claimed as a deduction under Section 36(1)(vii).
Issue of certificate for deduction of tax at source at lower/nil rate.
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Lower/nil TDS certificate entitlement expanded to include companies; Assessing Officers must use the prescribed certificate form.
Amendment permits any person, including companies, to apply to the Assessing Officer for a certificate for deduction of tax at source at a lower or nil rate; the change to section 197(1) is reflected by a revised Form No.15AA, and Assessing Officers must issue the certificate only in that prescribed form rather than by informal letters or orders.
Stockinvest Scheme ‑ Information of STOCKINVEST in the advertisement
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STOCKINVEST disclosure requirement: statutory allotment advertisements must state applications received, successful allottees and shares allotted.
Lead managers must ensure statutory advertisements on the basis of allotment disclose STOCKINVEST information: the number and percentage of applications received through STOCKINVEST, the aggregate shares applied for via STOCKINVEST, the number of successful allottees from STOCKINVEST, and the number and percentage of shares allotted to STOCKINVEST applicants, in compliance with Companies Law disclosure obligations.
Recovery of outstanding tax demands
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Tax recovery: prompt collection required; stays allowed only for valid reasons and subject to conditions and review.
Recovery of tax demands must be pursued promptly by Assessing Officers and Tax Recovery Officers except where demands are not due, stayed by appellate bodies, subject to write-off proposals, or stayed per prescribed guidelines; supervisory officers must ensure active collection efforts. Stay petitions must be decided within two weeks and communicated immediately, with higher authorities intervening only in exceptional cases. Stays are permissible only for valid, point-specific reasons; AOs may impose conditions (security, payments, undertakings, review, refund adjustment) and should issue speaking orders under section 220 provisions while monitoring compliance and withdrawing stays if conditions are not met.
Passing of speaking orders by Comm. u/s 273A of IT and 18B of WT Act.
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Duty to Give Reasons: require speaking orders under sections 273A of Income Tax and 18B of Wealth Tax.
Authorities disposing of petitions under the Income tax and Wealth tax petition provisions must issue speaking orders that state reasons; cursory or unexplained rejections harm departmental credibility and invite judicial scrutiny. As the powers are quasi judicial, Commissioners must record reasons and exercise discretion judiciously, and this requirement should be circulated to all regional Commissioners.
Import of "Cineraria Maritima Eye Drops"
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Import compliance with Homeopathic Pharmacopoeia required for Cineraria Maritima eye drops; quality checks mandated before release.
Importation of Cineraria Maritima eye drops is permitted only where the product conforms to the Homeopathic Pharmacopoeia standards for Cineraria Maritima Succus; products marketed as such must be based on that specification, unlisted products must conform to their label claims, and port officers must check quality of every consignment prior to release.
Permission of Board for initiating action under COFEPOSA against Customs Officers
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Permission requirement for COFEPOSA action withdrawn; detention details by customs officers must still be reported to the Board.
The Board has withdrawn the earlier instruction requiring prior permission to initiate COFEPOSA action against Customs officers, removing the pre-initiation approval requirement. However, where any Government servant is detained under COFEPOSA, the detaining authority must furnish details of the detention to the Board, maintaining a post-detainment reporting obligation.
5/93-CX.6 - 03-02-1993 Central Excise
Central Excise - Rules 173G(2), 223B and 224 of the Central Excise Rules, 1944 - Precautions at Budget, 1993 - Instructions regarding
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Removal restrictions: pre budget and budget period controls suspend self removal and require permission, declarations and supervised clearances.
Precautions under Rules 173G(2), 223B and 224 suspend the Self Removal Procedure in the pre budget and budget period, require designation of a proper officer to receive advance clearance applications, supervise removals and countersign gate passes, and mandate assessees to declare last gate pass numbers and closing stock balances under Rule 223B; late removals require Collector permission, may attract overtime fees and supervision, and limited relaxations may be granted by Collectors subject to undertakings and reporting to the Ministry.

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