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Circulars
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16/88 - 17-06-1988 Central Excise
Classification of Aluminium Frames used as fittings of trunks, suit cases, travel goods etc.
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Classification of aluminium frames as fittings under sub heading 83.02 alters tariff treatment and exemption application.
Aluminium frames used as fittings for trunks, suitcases and travel goods are classifiable as mountings and fittings under sub heading 83.02 of the tariff, a determination applied for the tariff period 1 3 1986 to 28 2 1987; the item had earlier been exempt under Notification No. 118/75 and Modvat was extended to Chapter 42 from 1 3 1987.
Deduction of tax at source-Income-tax deduction from salaries during the financial year 1988-89 under section 192 of the Income-tax Act, 1961
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Tax deduction at source on salaries: computation rules, exemptions, standard deduction increase and employer compliance obligations.
Employers must deduct income-tax from salaries at the average rate on estimated annual salary, with monthly deductions based on the annual estimate divided by twelve; no deduction is required if estimated annual salary does not exceed the statutory threshold. Perquisites and employer-provided benefits must be valued and included in estimated salary under applicable rules. The Finance Act, 1988 adjusts the standard deduction and certain investment and annuity deductions while continuing the surcharge; employers must verify qualifying investments, deposits and exemptions before allowing deductions for TDS. TAN quoting, correct challan use, timely deposit, prescribed returns and penalties for non-compliance are mandatory.
Currency Declaration Form
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Currency declaration procedures require handwritten forms, full currency names, retained duplicates, and senior review for sizeable declarations.
The circular mandates procedural safeguards for the Currency Declaration Form: passenger handwriting where possible, amounts in figures and words, duplicate carbon copies retained flight-wise, full spelling of currency names (no abbreviations), and the countersigning officer's name in block capitals. At exit ports, sizeable declarations must be reported to senior officers and suspicious passengers-especially those re-exporting declared currency shortly after arrival-should be interrogated to prevent manipulation and smuggling.
Warehousing - Waiver of physical warehousing at the port of importation
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Waiver of physical warehousing allowed in defined constructive warehousing situations with supervisory approval enabling immediate import clearance.
Assistant Collectors of Customs may grant waivers of the requirement for physical warehousing at the port, with Collector approval where necessary, but only in specified constructive warehousing cases: merchanting trade and imports treated as stores with no duty collection; and, under the alternate constructive warehousing provision, urgent equipment and raw materials for export units outside the port city, manufacture-in-bond companies, bulky/heavy/dangerous/delicate items needing special handling, and goods of reputed companies requiring immediate clearance.
Provisions relating to assessment of partnership firms--Clarification regarding
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Assessment of partnership firms: commencement of the new scheme deferred; transitional and compliance provisions clarified.
The new partnership assessment scheme under the Direct Tax Laws (Amendment) Act, 1987 is deferred to 1-4-1990; therefore, pre-amendment provisions continue to apply for assessment years 1988-89 and 1989-90, including rules on partner remuneration disallowance, inclusion of family members' shares, computation of partner's share, carry-forward of firm losses, rebates for unregistered firms, and registration and assessment procedures. Separate amendments-uniform financial year, new return and assessment procedure, and interest provisions-apply from 1-4-1989, while advance tax provisions apply from 1-4-1988; TDS changes under section 194E are deferred to 1-4-1989.
Modvat - SSI - Power to grant notional credit in respect of SED
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Notional credit under Rule 57B: allowance for special excise duty subject to notification amendment and pending legal clarification.
The circular addresses whether enhanced notional credit under Rule 57B read with the small scale exemption notification extends to special excise duty, explains that an amendment to the notification prescribes a revised method of computing the higher notional credit by adding a specified ad valorem percentage to the effective concessional duty, and states that potential over-crediting of special excise duty is now limited to inputs with normally low basic duty rates and to clearances in an earlier period; final legal clarification is pending and adjudication should be deferred.
Return of seized documents not required by the department in Customs cases
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Return of seized documents: require prompt scrutiny and release of non-incriminating records to parties with departmental oversight.
Investigating officers must promptly scrutinise seized records, segregate documents not relied upon for departmental adjudication or prosecution, and return such non-incriminating documents to the parties; a six-month period from the date of search/seizure is prescribed for completing this exercise.
48/88-CX.6 - 10-06-1988 Central Excise
Disposal of seized documents/records - Regarding
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Disposal of seized documents: mandate for prompt return and ongoing reporting to central authorities.
Collectors must segregate and return seized records not relied upon in framing charges and dispose of pending return cases by prescribed deadlines. Weekly progress reports to the Board must list seized documents still awaiting return and state reasons for delay; after the cutoff the reporting frequency converts to monthly and is to be included in the Anti-evasion section of the monthly Administrative reports.
47/88-CX.6 - 10-06-1988 Central Excise
Receipt of goods under Rules 51A and 173H - Regarding
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Receipt of duty-paid goods: collectors may grant limited discretion to relax documentary proof for goods brought in for repair or processing.
Rules 51A and 173H require duty-paid goods to be accompanied by duty-paying documents, but Collectors may, in exceptional cases where practical difficulties exist (such as very old goods brought in for remaking, refining, reconditioning or repair), exercise discretion to exempt furnishing those documents if satisfied the goods are duty paid; such relaxations must be sparingly applied and concern only goods brought in for specified processing purposes. The rules allow entry of duty-paid goods whether or not manufactured in the receiving factory.
24/88 - 10-06-1988 Central Excise
Modvat credit to be utilised for inputs actually used - In the case of aerated water - Clarification regarding
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Modvat credit withdrawal requires recovery of duty on unutilised inputs and clearance treated as deemed manufacture.
Withdrawal of Modvat credit for aerated water requires recovery of duty on inputs unutilised as on the withdrawal date. Under Rule 57F(1) credit may be used for duty on the final product or on inputs cleared for home consumption or export as if manufactured in the factory. If credit was already applied to duty on aerated water without using the inputs, or if inputs are cleared instead of used, duty must be collected on those inputs. Recovery is to be effected through RG 23A credit balance or through the PLA.
23/88-CX.8 - 10-06-1988 Central Excise
Point No.17 of the 30th Meeting of Customs and Central Excise Advisory Council regarding permission for opting out of Modvat Scheme at any time
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Opting out of Modvat allowed mid year, but Modvat clearances must be included when calculating aggregate clearances.
Manufacturers may opt out of the Modvat scheme during the same financial year; however, for computing the aggregate value of clearances under the applicable excise notification, values of clearances effected under Modvat in that financial year must be included. Field formations are to notify trade and acknowledge receipt of the instruction.
Admissibility of Modvat credit on the strength of a gate pass which does not show the amount of duty paid - Clarification regarding
Show AI Summary
Modvat credit admissibility upheld despite gate passes lacking duty amounts when supplier disclosure is administratively relaxed.
Where a supplier has been permitted regulatory relaxation exempting mention of duty rate or amount on a gate pass, recipients' entitlement to Modvat credit shall not be denied solely because the gate pass does not show duty particulars; the departmental instruction directs field formations to treat such relaxed documentation as sufficient for input credit admissibility and to acknowledge receipt of the clarification.
67/88-CX.6 - 09-06-1988 Central Excise
Verification of end-use of 'cut-tobacco' removed to outside permises - Regarding
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Verification of cut-tobacco end-use: not required routinely; discretionary checks permitted only on specific doubt about conformity.
Where goods cleared as cut-tobacco can be established at the time of clearance to conform to the tariff definition, no end-use verification is required; however, Collectors may exercise discretion to verify end-use when specific doubts arise, but such checks are to be exception-based and not routine.
Financial year as uniform accounting year - Removal of difficulties faced by companies during transitional previous year relevant for assessment year 1989-90 and also in subsequent years
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Uniform accounting year requirement aligns company year-end to March; transitional relief allows Registrar approvals for meeting and year extensions.
The introduction of a uniform accounting year requires companies to adopt a common year ending 31 March for assessment purposes; companies closing accounts on 31 March must ensure their financial year does not exceed eighteen months. Companies may seek Registrar authorisations for extension of time to hold the annual general meeting and/or permission to extend the financial year under the relevant provisos of the Companies Act, 1956, within the Act's limits, and Registrars have been instructed to process such requests.
16/88-CX.8 - 03-06-1988 Central Excise
Central Excise - Repacking of detergent powders - Instructions regarding
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Repacking of detergent powders recognised as part of manufacture, so duty follows on conversion into unit-packed finished product.
Packing of detergent powder into small unit containers is a process essential for completion of manufacture, and bulk powder may be treated as a semi finished product; when packing is done in outside premises, the procedure permitting clearance without payment of duty applies until the product is converted into finished, unit-packed form.
Sale of fire-arms to Departmental officers
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Loan of confiscated non-prohibited firearms - officers must return items on leaving service and accept liability for loss or damage.
Confiscated non-prohibited bore firearms may be loaned to Customs and Central Excise officers for self protection on the condition they are returned when no longer required or on leaving service; the Government retains ownership. Officers must execute a prescribed undertaking accepting return obligations and liability for loss or damage, calculated on CIF value plus applicable customs duty. Service book entries, custody of the undertaking by the controlling head, a copy to the Directorate of Preventive Operations, maintenance of a register, semiannual reviews, cancellation on return, and Directorate inspections and transfer procedures are mandatory.
17/88 - 01-06-1988 Central Excise
Guniting of duty paid pipes - Whether amounts to manufacture
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Coating of duty-paid steel pipes not manufacture under central excise law, allowing on-site guniting during pipeline construction.
The Board decided that guniting - cement mortar coating externally and epoxy/bitumen painting internally of duty paid steel pipes carried out during water supply pipeline construction - does not amount to manufacture under Central Excise law, noting that HSN Explanatory Notes permit coated products and that Tariff Act provisions do not specifically treat coating as manufacture.
Deduction of tax at source-Section 194B and 194BB of the Income-tax Act, 1961-Deduction from winnings from lottery or crossword puzzle or horse race-Rates of tax applicable during the financial year 1988-89
Show AI Summary
Tax deduction at source on casual winnings requires flat rate withholding, surcharge and strict TAN, payment and reporting compliance.
Deduction of tax at source is required on winnings from lotteries, crossword puzzles and horse races under sections 194B and 194BB, with such casual income taxed under section 115BB at a flat rate of 40%. Winnings below the statutory exemption threshold in aggregate are not taxable; where winnings exceed that threshold tax is deductible on gross winnings after treating the exempt amount and after excluding commissions to agents. Deductors must quote TAN in specified documents, file prescribed returns, deposit TDS to Government within prescribed time, and face civil and criminal consequences for defaults.
Section 194D of the Income-tax Act, 1961-Deduction of tax at source-Deduction from insurance commission, etc.-Rate of tax applicable during the financial year 1988-89
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Tax deduction on insurance commission: mandatory withholding at payment or credit with distinct resident and non-resident rules.
Deduction of tax at source is required on remuneration or reward for soliciting or procuring insurance business under section 194D, to be made at payment or credit, with a resident exemption threshold; no exemption applies to non-residents and credits to any account are treated as payment. Withholding rates differ for persons and domestic companies and are subject to a surcharge; non-resident and foreign company payments attract separate higher rates. Payers must quote TAN, file returns, remit withheld tax within prescribed time, and face penalties and criminal sanction for failure to deduct or pay withheld tax.
15/88 - 31-05-1988 Central Excise
Applicability of Notification No. 52/86-C.E., dated 10-2-1986 as amended to glass fibre yarn - Regarding
Show AI Summary
Exemption applicability for glass fibre yarn clarified: continuous filament yarn excluded, only spun yarn may qualify.
The circular distinguishes continuous filament glass fibre produced by extrusion and collected as packages from yarn made by twisting staple glass fibres. It states that continuous filament constitutes continuous filament yarn and that filaments cut and spun constitute spun yarn. Because the notification specifically excludes continuous filament glass fibre yarn, the exemption under Notification No. 52/86-C.E., as amended, does not apply to continuous filament glass fibre yarn; only spun yarn of glass fibres remains within the scope of the exemption.

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