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Central Excise – Instructions relating to Adjudication in the Central Excise Manual – Regarding –
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CENVAT credit adjudication remains with Deputy/Assistant Commissioners except fraud-related cases irrespective of amount involved.
Powers of adjudication for CENVAT Credit follow the earlier CBEC allocation: all CENVAT credit cases are to be decided by Deputy/Assistant Commissioners except where fraud, collusion, wilful mis statement, suppression of facts, or contraventions with intent to evade duty are involved; this rule applies irrespective of the amount of credit and the Central Excise Manual is modified accordingly.
Amendment in Handbook (Vol 1).(RE-01), 1997-2002
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Deemed export benefits clarified for petroleum-related supplies meeting manufacture and policy conditions under Exim Policy provisions.
The Handbook amendments limit manual DEPB applications under the one-day licensing scheme to ten shipping bills and clarify that supplies of specified goods for petroleum operations under licences, leases or specified contracts will qualify as Deemed Export if manufactured in India and meeting para 10.3 conditions. Procedural revisions amend documentary evidence for drawback/refund claims (certified supply invoices; AR-3A for certain units), add a "Date of issue" column to bank payment certificates, include embroidery/metallised-yarn items under DEPB textiles value-capped entries, update certification agency listings, and correct the scrap norm for silk fabrics to 35%.
Settlement of audit objections wherever Special Import Licence (SIL) was called for
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Special Import Licence settlement by monetary replacement permits regularising audit objections instead of licence surrender.
Where audit objections would have required surrender of Special Import Licence, such cases may be settled by payment equal to one per cent of the SIL value to be surrendered. Regional offices of the Directorate General of Foreign Trade shall effect settlement by receipt deposited at the authorised branch of the Central Bank of India under the specified Foreign Trade and Export Promotion account head, applying where instructions permit surrender and SIL is defunct.
Classification of CD-writer - Reg
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Classification of CD-writer as storage device requires assessment under the tariff for storage drives; customs to finalise.
Devices capable of writing, re-writing and reading compact discs are captured by the concept of "storing of data on discs" and merit classification under 8471.70 by application of the General Rules of Interpretation; customs are directed to finalise assessments under CTH 8471.70 and report implementation difficulties to the Board.
Problems faced by Merchant Exporters regarding availment of drawback on garments - regarding
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Drawback entitlement for garment exporters: higher rate permitted on declarations of non availment of Cenvat, subject to verification.
Exporters of woven garments may claim a higher All Industry Rate of drawback where Cenvat is not availed, by declaring supporting manufacturers/job-workers on Shipping Bills and submitting prescribed declarations (Annexures I and II) certifying non-registration with Central Excise, non-payment of excise duty, and non-availment of Cenvat. Customs will allow the higher rate based on these declarations, subject to quarterly random verification by jurisdictional Central Excise officers and recovery of excess drawback if misdeclaration is found.
Service Tax β€” Valuation β€” Commission paid by broadcasting agency to the advertising agency not includible in assessable value
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Service Tax valuation: commission deducted in broadcaster invoices reduces assessable value; agency commission taxed separately.
Service tax on broadcasting is leviable on the amount actually received by the broadcaster; when commission or discount to an advertising agency is clearly shown in the broadcaster's invoice, the assessable value for broadcasting is the net amount after that deduction, while the commission received by the advertising agency is taxable separately as advertising services.
DEPB value caps Removal
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Removal of DEPB value caps eliminates capped limits on listed export duty entitlement entries under export policy authority.
Removal of DEPB value caps for specified Appendix 28A entries under Paragraph 4.11 of the Export and Import Policy 1997-2002. Public Notice No. 42 (RE 01)/1997 2002 dated 18 October 2001 amends the Handbook (Vol. I) by deleting the value caps for the DEPB entries listed in Annexure 1, which identifies affected product groups and product codes; the amendment is issued in public interest and takes effect upon publication.
100% EOUs /STP/EHTP units – Scheme & Procedures – Reg
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Duty-free imports for EOUs require customs bonding, NFEP/EP compliance and record-based controls to prevent diversion.
The Notice sets out that 100% EOU/STP/EHTP units may import capital goods, inputs and specified equipment duty free for export production subject to customs bonding of premises, execution of the multi purpose B 17 bond with required security, compliance with Customs and Central Excise exemption notifications, and achievement of prescribed Net Foreign Exchange Performance and Export Performance. It prescribes operational procedures for import/export clearances, warehousing periods and extensions, DTA sale valuation at concessional excise rates, sub contracting/inter unit transfers under transit documentation, and recovery, de bonding and enforcement mechanisms for non compliance.
Recovery of 'amounts' which are not duly paid under the provisions of rule 6 of the CENVAT Credit Rules, 2001 (Rule 57CC of the erstwhile Central Excise Rules. 1944) -clarification regarding.
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CENVAT credit ineligibility leads to recovery when inputs fund exempted goods without required compliance under recovery provisions.
Rule 6(1) disallows CENVAT credit on inputs used in manufacture of exempted goods unless the manufacturer complies with Rule 6(2) or (3) by maintaining separate accounts or following the specified adjustment/payment method; failure to do so renders any credit availed on such inputs incorrect and subject to recovery under Rule 12.
Refund of Excise Duty paid on tea procured by EOU/ EPZ units in the period 01.03.1999 to 30.11.1999
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Excise duty refund for bulk tea procured by EOU/EPZ units granted upon submission of proof covering pre-notification levy period.
Central Excise Duty paid on bulk tea procured from licensed auction centres by EOU/EPZ units for the period from the date of levy to the date before the Notification would be reimbursed by the Development Commissioner on submission of proof of payment, pursuant to DGFT policy following fixation of an All Industry Drawback Rate and subsequent Notification authorising reimbursement.
FITTC Circular No.3 dated October 15, 2001
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Mandatory electronic dividend distribution via ECS required where available; companies must use warrants only if ECS unavailable.
Companies must adopt ECS for payment of dividends and other cash benefits wherever available, with warrants to be used only when ECS is not available; depositories and stock exchanges are to instruct companies to comply with this mandatory distribution practice.
Classification of "Printing Ink Medium" under sub-heading No. 3215.00 or 3208.90 or Sub-heading No. 3909.59 – regarding
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Classification of printing ink medium clarified as phenolic resin type, distinguishing vehicle/medium from synthetic resin for tariff purposes.
The Department accepted adjudicatory reasoning that printing ink medium is a phenolic-resin-type product distinct from finished printing ink and directed classification of the medium under the tariff entry appropriate to phenolic resins rather than under the synthetic-resin heading, with instructions to inform trade and field formations.
Settlement of insurance claims in foreign currency
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Settlement of insurance claims in foreign currency permitted for non resident beneficiaries subject to prior approval and specified conditions.
Settlement of insurance claims in foreign currency is permitted where the policy was issued with specific prior approval, the loss occurred during the policy period, the claim is admitted by the insurer and supported by surveyor reports and documents, reinsurance recoveries follow agreement terms, remittances are made to non resident beneficiaries only (residents to be paid in rupee equivalent), and R Returns reporting must quote the RBI approval.
23/2001 - 12-10-2001 Companies Law
Amendment in the Companies (passing of the resolution by postal ballot) Rules, 2001
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Postal ballot rules amendment circulated to registrars and regional directors for necessary action and acknowledgement.
The Department of Company Affairs forwards Notification G.S.R. 773(E) dated 11.10.2001 amending the Companies (passing of the resolution by postal ballot) Rules, 2001, and directs Regional Directors, Registrars of Companies and Official Liquidators to circulate the notification for necessary action and to acknowledge receipt.
22/2001 - 12-10-2001 Companies Law
Establishment of Investor Education and Protection Fund
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Investor Education and Protection Fund established; notifications circulated requiring authorities to implement rules and acknowledge receipt.
Notifications establish an Investor Education and Protection Fund and the Investor Education and Protection Fund (awareness and protection of investors) Rules, 2001. The Department of Company Affairs forwarded copies to all Regional Directors, Registrars of Companies, and Official Liquidators for information and necessary action, directing recipients to implement measures as applicable and to acknowledge receipt of the circular.
Sharing of Diesel Generating Sets/Captive Power Plants, Central Air-Conditioning Equipments, Networking Equipments etc. of a STP unit by other units of the same owner under Software Technology Park Scheme – Reg
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Sharing of capital goods under STP scheme permits duty free systems to be used by co owner units within bonded premises.
Units under the STP scheme may allow other STP units of the same owner to use certain imported or procured systems and equipments as duty free capital goods, provided the items remain within the bonded premises of the importing/procuring unit and the units are co located or in adjacent premises. Export obligation and NFEP remain with the unit that imported/procured the goods under its unit wise Letter of Permission, and permission for utilisation must be obtained from the jurisdictional Commissioner after verification.
Office of the Zonal Jt.DGFT, Mumbai to be closed to public on Fridays
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Office closure on Fridays: public services suspended, documents not accepted; submission deadlines extended to next working day.
The office will be closed to the public on Fridays until further notice; visitors will not be admitted, applications and documents will not be accepted, and licenses will not be delivered on Fridays except in emergencies. Call dates and last submission dates falling on Fridays are extended to the next working day. Emergency assistance is available through the Export Facilitation Cell/PRO or the Zonal Joint DGFT via designated contact channels.
Indo-Nepal Trade in Katha (Catechu)
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Registration requirement for katha imports removed; import contracts from Nepal no longer require registration under the earlier public notice.
Removal of the registration requirement for import contracts for katha (catechu) from Nepal: the DGFT clarifies that Public Notice No.45 ITC(PN)/81 is no longer operative because quantitative restrictions on katha imports have been removed, and therefore prior registration under that notice is not required.
Addition of Appendix - 59 in the Handbook of Procedures (Vol.1) (RE-2001)
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Agri Export Zone designation establishes district-level zones for pineapple, gherkin and lychee exports under Handbook amendment.
The Public Notice adds Appendix 59 to the Handbook of Procedures (Vol.1), formally designating Agri Export Zones: pineapple in specified districts of West Bengal; gherkins in specified districts of Karnataka; and lychees in specified districts of Uttranchal, with coverage limited to the districts listed and cross referenced to policy paragraphs governing Agri Export Zones.
Service Tax β€” Services provided outside the limits of Indian territorial waters not liable to tax
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Services outside territorial waters not subject to service tax where the levy has not been extended to EEZ or continental shelf.
Services performed beyond India's territorial waters are outside the scope of Service Tax because the levy under Chapter V of the Finance Act has not been extended to the Continental Shelf or the Exclusive Economic Zone. India for Service Tax includes territorial waters, but services provided beyond those waters are not liable to Service Tax until statutory extension or notification extends the levy to those maritime zones.

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