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Circulars
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Issue of Special Import Licences --- Furnishing of documents
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Special Import Licence documentation: RBI waiver allows substitute evidence instead of shipping bill for periodical exports.
Clarifies documentary requirements for issuance of Special Import Licence under Paragraph 11.11: where an RBI permission waives G.R./PP form formalities for exports of newspapers and periodicals, acceptance of a copy of that RBI permission in lieu of the original Shipping Bill is permitted. Where remittances are received by foreign money orders or postal orders, prescribed details of country, amounts in rupees, paying/encashing post office, dates, and postal order numbers must be submitted as evidence.
420/53/98 - 03-09-1998 Central Excise
Review of adverse CEGAT Orders - Need for filing of the CAs expeditiously, wherever necessary.
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Delay in filing statutory appeals demands expedited submission of Civil Appeal proposals and strict accountability within ten days.
The Board directs that where a CEGAT order is unacceptable, Civil Appeal proposals or SLPs must be prepared complete and submitted expeditiously to the Board, ordinarily within 10 days of receipt. Commissioners must personally monitor submissions, acknowledge receipt, and ensure Chief Commissioners closely monitor compliance. Any delay must be accompanied by a day to day chart and detailed explanation, and will be compiled for review and responsibility fixing. The Attorney General urges a thorough enquiry beginning at the Collectorate to identify causes and persons responsible for delays.
Attempts to obtain double benefits under DEPB / Advance Licensing Scheme in respect of goods being manufactured / processed by 100% Export Oriented Units (EOU) / Units in Export Processing Zones (EPZs)
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Brand Rate Duty Drawback applied to duty-paid inputs supplied for EOU job work, enabling refund on direct exports
Exports by 100% EOUs/EPZs are not eligible for DEPB or discharge against Advance Licences; however, where DTA units supply duty paid inputs to EOUs for job work and the EOU directly exports the processed goods, the duty paid on those inputs will be refunded by way of Brand Rate Duty Drawback, following consultation with the Department of Revenue and DGFT approval.
EOU / EPZ / EHTP/ STP Units - Export through authorised courier agencies allowed
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Export by courier permitted for EOU/EPZ/EHTP/STP units, following prescribed sample-export customs clearance procedure.
Clearance rules permit EOU/EPZ/EHTP/STP units to export goods through authorised courier agencies by applying the procedural framework previously prescribed for sample exports; eligible units must follow the documentation, consignment handling and customs clearance steps set out in the earlier circular.
419/52/98 - 02-09-1998 Central Excise
Modvat Credit Scheme - Special measures to prevent and detect the misuses -instructions
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Modvat credit integrity strengthened through intensified verification, special teams, monthly reporting, and priority invoice checking software.
The circular identifies specific Modvat credit malpractices-forged documents, credit without receipt, duplicate invoicing, ineligible inputs/capital goods, diversion of goods, and transfer of excess credit-and mandates intensified verification by field officers, including cross checking transport and payment documents, physical availability of inputs and linkage to production. It requires monthly checks, special verification teams for high credit units, audit emphasis on analytical verification, comprehensive commissioner plans with monthly reporting to DG(AE), consolidated reporting to the Board, and priority development of invoice checking software.
418/51/98 - 02-09-1998 Central Excise
Issue of notifications granting rebated of central excise duty on non-alloy steel ingots and billets and non alloy steel hot re-rolled products exported/used as materials in export goods, where duty has been paid under section 3A
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Rebate of central excise duty for specified non-alloy steel applies when duty is paid under Section 3A, subject to conditions.
Rebate of central excise duty is provided for specified non-alloy steel ingots, billets and hot re-rolled products when exported or used as materials in export goods, conditional on duty being paid under Section 3A. The rebate is set at twelve percent of FOB or invoice value, with a capped arrangement for exports to Nepal and a prohibition on claiming rebate for materials procured from the open market. Rebate is payable only where duty has been fully discharged at clearance, though delayed duty payments later regularized are permitted; procedural sanctions follow prescribed annexures.
417/50/98 - 02-09-1998 Central Excise
Rebate of excise duties which are not included in the all industry rate of brand rate/special brand rate of the drawback rules, is permitted
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Rebate of excise duties outside drawback rates permitted, subject to no drawback claim and no Modvat credit.
The substituted Rule 12 permits rebate of excise duties not included in the All Industry Rate or Brand Rate/Special Brand Rate of the Drawback Rules, allowing exporters to obtain rebate under rule 12(1)(b) where duties are outside drawback coverage. Rebate is conditional on exporters not receiving drawback under All Industry or Brand Rates and not having availed Modvat credit for the same duty under Section AA of Chapter V, Central Excise Rules, 1944.
ITC (HS) Classification - Export of Silk waste
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Export permission for mulberry silk waste restricted to uncarded/uncombed material under a valid registration certificate.
The ITC (HS) classification was amended to add Mulberry Silk Waste as an exportable item only if the material is Not Carded or Combed and only against a valid registration certificate issued by the Member Secretary, Central Silk Board or authorised representatives, creating a conditional export permission within Schedule 2 Appendix I under Paragraph 4.11 of the Export and Import Policy.
Service tax assessee to furnish monthly export regarding deposit of tax
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Service tax reporting requirement mandates monthly notice of deposits to the tax administration by the fifteenth of next month.
Assessees must submit monthly revenue collection reports identifying service tax amounts deposited to the Government account under major head 0014 ST, to the Director General of Service Tax and to their jurisdictional Service Tax Officer (Divisional Service Tax Cell or Superintendent), on or before the 15th of the succeeding month for the period to which the deposit relates.
ITC (HS) Classification of Export & Import Items 1997-2002
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Precursor control: new chemical entries added to import-export schedule, requiring Narcotics Commissioner no-objection certificate for those substances.
The Director General of Foreign Trade adds specified chemical precursors to Schedule 2 Appendix I of the ITC (HS) Classification 1997-2002 and, under Paragraph 4.11 of the Export & Import Policy, amends the condition at Sl. No. 2(ii) to require a No-Objection Certificate from the Narcotics Commissioner, Gwalior in respect of items 2(i), 2(viii), 2(ix) and 2(x).
In case of shortfall in NRI contributions, multilateral financial institutions would be allowed to contribute foreign equity to the extend of the shortfall in NRI contributions within the overall limit of 40 percent.
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Foreign equity allocation in private banks permits multilateral institutions to fill NRI contribution shortfalls within the overall foreign limit.
Foreign direct investment from foreign banking or finance companies and technical collaborators is permitted subject to a specified cap; NRI equity participation is allowed up to the overall foreign equity ceiling and is inclusive of other foreign investors. To ensure the overall foreign equity ceiling is reached, multilateral financial institutions may subscribe foreign equity to cover any shortfall in NRI contributions, so long as the aggregate foreign equity remains within the overall permitted limit.
Drawback - Non- availment of Modvat Certification Simplified
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Non availment of Modvat certification: simplified rules allow periodic or self declaration for processing drawback claims per shipment.
Non availment of Modvat credit for drawback processing is simplified: exporters under bond or rebate must produce AR 4 or a Central Excise superintendent's certificate; manufacturer exporters under excise control may rely on biannual Assistant Commissioner certificates for listed products, with fresh certificates for new commodities; self declaration may suffice for unconditionally exempt goods and manufacturers outside excise control; Councils may certify unregistered cottage sector suppliers; merchant exporters benefit from supporting manufacturers' certificates while open market purchases are treated as Modvat availed and limited to Customs allocation.
New AI Rates of Drawback Effective 2/9/98- Highlightsand Instructions
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Duty Drawback reform updates caps, Modvat compensation and EDI identifiers to streamline export drawback processing.
New All Industry Rates of Drawback impose a cap on previously high rates, adjust the Central Excise component to compensate the unrecovered portion of input tax where Modvat is claimed, assign unique serial identifiers for EDI processing, waive Modvat non-availment certificates for exports unconditionally exempt from Central Excise, consolidate handloom made-up rates, and reinstate drawback rates for garments from EOU/EPZ units while directing field publicity and compliance with revised Rules.
416/49/98 - 31-08-1998 Central Excise
Refund claims file under rule 97/173L to be dealt with by Assistant Commissioner having jurisdiction over the factory which received the goods
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Jurisdiction over refund claims rests with the Assistant Commissioner of the receiving factory; original unit may be consulted.
Refund claims for goods returned to another factory for repair or reconditioning are to be dealt with by the Assistant Commissioner having jurisdiction over the factory that received the goods; officers of that factory must scrutinize documents and carry out physical identification. Relevant information may be obtained from, and disposal must be intimated to, the Assistant Commissioner in charge of the original manufacturing unit.
SION - HB Vol.2 notified effective 31-08-98
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Standard Input Output Norms notified in Handbook of Procedures to operationalize the Duty Exemption Scheme and Annexure inclusion.
Standard Input Output Norms for the Duty Exemption Scheme are incorporated into the Handbook of Procedures, 1997-2002 Vol. 2 and notified in Annexure I to the Public Notice, aligning with Chapter 7 of the Export and Import Policy as the operative source of approved norms for duty exemption claims.
De-licensing of Sugar Industry
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De-licensing of sugar industry preserves a siting distance restriction while requiring Industrial Entrepreneur Memoranda filing.
De-licensing removes sugar from compulsory licensing while maintaining a minimum distance restriction under the Sugarcane Control Order to prevent unhealthy competition for cane. Entrepreneurs must file an Industrial Entrepreneur Memorandum (IEM) with the Secretariat of Industrial Assistance; existing Letter of Intent holders need not file an initial IEM but must file Part B at commencement of commercial production, and may file an initial IEM if they propose variations to LOI or licence conditions.
415/48/98 - 28-08-1998 Central Excise
Procedure for examination and sealing of export consignments by the Inspector where the exports are under DEEC/DEPB Schemes during absence of superintendent
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Delegation of examination authority permits inspector deputation to examine and seal DEPB export consignments when superintendent absent.
For exports under Duty Exemption Schemes such as QBAL/DEPB, the Superintendent may depute the Inspector in charge of the factory to examine and seal consignments when the Superintendent is absent; deputation should preferably be in writing, with post facto approval allowed if necessary. The Inspector must record details of the examination-including AR 4/export invoice numbers, samples drawn as required, and the corresponding Advance Licence/DEEC/DEPB number and date-in the XT 1 diary. This modifies prior Board circulars to permit such deputation and prescribes necessary record keeping and sampling procedure.
Import of Canalised items
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Import restriction on canalised items: only canalising agencies may import; individuals must obtain an import licence under paragraph 4.8.
Importation of canalised items is permitted only through the designated Canalising Agency; individual importers cannot import canalised commodities by selling them on the high seas to the canalising agency to circumvent rules. Individuals who wish to import canalised items must obtain an Import licence under Paragraph 4.8 of the Export and Import Policy.
Even/equal disposal of assessment work during the year--Recommendation of the Standing Committee on Finance--Regarding.
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Even disposal of assessments ensures timely realisation of current tax demands by instituting uniform assessment scheduling and monitoring.
Instruction directing tax administration to secure even/equal disposal of assessment work throughout the financial year so that current demands are realised within the same year; Chief Commissioners and Directors General are required to ensure uniform assessment disposal and to establish monitoring mechanisms to oversee performance and compliance.
Customs House Agents Regulations Clarified
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Regulation 9 examination access expanded: authorised firm representatives may sit, subject to graduation and limited attempts to qualify.
Amendments require temporary licence applicants under Regulation 6(a) to be graduates and ordinarily to have experience as Form 'G' pass holders, subject to commissioner relaxation; diplomas are acceptable only if a university equates them to degrees. Regulation 9(5) allows one additional firm representative to sit the Regulation 9 exam provided he is a graduate, without necessarily holding a Form 'G' or the prior experience, and such examinees have a limited number of attempts within a fixed period; independent licence applications require full Regulation 6 compliance.

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