Central Excise Circulars 2003

Government grants full service tax exemption on taxable services provided to a Goods Transport Agency by their sub-contractors-Service Tax Notification No.1 Transporters strike hampers movement of cargo Daiichi to book an extra ordinary loss of 3.9 Billion Dollars arising from its acquisition of Ranbaxy Government releases Rs. 600 crore to regional authorities of DGFT for payment of pending claims of Terminal Excise Duty and Duty Drawback under deemed export scheme-Government also releases Rs. 200 crore to the Development Commissioners of SEZs for payment towards pending claims of CST in respect of supplies made to 100% EOUs Mobile Companies directed to freeze Cellphones without IMEI numbers Sensex hits 10275 Points Omar Abdullah sworn in as Chief Minister of J & K Farooq Abdullah offered Cabinet Ministership in Centre Anti-dumping duty on import of acrylonitrile butadiene rubber (NBR) originating in, or exported from, Korea RP -Customs Tariff Notification No.1 Changes in Customs duty on specified goods-Customs Tariff Notification No.2 New Drawback Rates for Boots/half boots/shoes/sandals of leather-cum synthetic/textile materials-Customs Non-Tariff Notification No.1 Drawback Rates on several products hiked-Customs Non-Tariff Notification No.2 Government announces Second Economic Stimulus Package to boost recession hit Sectors-Exemptions from CVD on TMT bars and structurals, and from CVD and Special CVD on cement, withdrawn-Full exemption from basic customs duty on zinc and ferro alloys, withdrawn-Government restores DEPB rates to those prevailing prior to November 2008- DEPB Scheme extended till 31.12.2009-Duty drawback benefits on certain items including knitted fabrics, bicycles, agricultural hand tools and specified categories of yarn enhanced retrospectively from 1st September 2008-Accelerated depreciation of 50% provided for commercial vehicles to be purchased on or after 1.1.2009 upto 31.03.09-Click on the link below for details Home Loan Rates, Auto Loan Rates & Retail Loan Rates set to be lowered as RBI cuts Repo Rate by 100 BPS to 5.5 per cent and Reverse Repo Rate by 100 BPS to 4 percent with immediate effect -CRR also cut by 50 BPS to 5 per cent from 17th Jan-Banks get Rs 20000 Crore of liquidity CENVAT Credit of service tax paid on all input services up to the Port allowed to Exporters-Click on the link below for details As demanded by AIT; FinMin finally amends CENVAT Credit Rules to allow benefit of non-reversal of Credit on clearances to SEZ Developers-Central Excise Non-Tariff Notification No.50-Click on the lik below for details Anti-dumping duty on import of Flexible Slabstock Polyol, originating in, or exported from, the People's Republic of China, Republic of Korea, Chinese Taipei and Brazil continued till 23rd July, 2009-Customs Tariff Notification No.138 Tariff Value for import of Brass Scrap is 3252 and for Poppy Seeds 4238-Customs Non-Tariff Notification No. 141 Exchange Rate for imported goods is Rs 48.20 Per US Dollar and Rs 68 Per EURO-Exchange Rate for export goods is Rs 47.40 Per US Dollar and Rs 66.35 Per EURO-Customs Non-Tariff Notification No. 140 Import of new vehicles having an FOB value of US $ 40,000 or more and engine capacity of more than 3000cc for petrol run vehicle and more than 2500cc for diesel run vehicles exempted from policy provision of Import Licensing Note No. 2-DGFT Notification No.74 CBEC clarifies the classification of 'Combined refrigerator freezer with separate external doors' would be under sub- heading 8418 10 and not under 8418 21-Customs Circular No.23 Procedure relating to sanction and pre-audit of refund claims-Customs Circular No.22 Anti-dumping duty imposed on imports of Sodium Hydroxide(Caustic Soda)originating in, or exported from, Korea ROK and the People's Republic of China-Customs Tariff Notification No.137 export of Staples in Strips entitled for Focus Product Scheme benefits on exports made w.e.f 1.4.2008-DGFT PN 120 export of specified products destined to specified linked markets entitled to benefit under Focus Product scheme for exports made w.e.f 1.4.2008-DGFT PN 121 Abatement from MRP for payment of excise duty lowered by 3 per cent on most of the products-Abatement on Auto Parts lowered to 30 per cent-Central Excise Non-Tariff Notification No. 49 excise duty of 300 PMT notified on cement clinkers-Central Excise Tariff Notification No.64 10% ethanol blended petrol exempted from excise duty Duty free import of capital goods and spare parts under EPCG-Customs Tariff Notification No.136 Anti-dumping duty on import of phenol-Customs Tariff Notification No.135 Authority for Advance Ruling rules looking at the nature of activities carried on or to be carried on by the liaison office of Ikea Trading (Hong Kong) Ltd. in India, no income would accrue or arise or deemed to accrue or arise in India in terms of section 5(2)(b) of Income Tax Act, 1961-AIT-2008-482-AAR Authority for Advance Ruling rules the swapping premium is profit derived from the business of providing long-term finance (computed under the head 'Profits & Gains of Business or Profession' before making any deduction under this clause) in terms of section 36(1)(viii) of the Income Tax Act, 1961-specified percentage thereof is eligible for deduction u/s 36(1)(viii) of the Income Tax Act in view of the fulfillment of condition for carrying this sum to the special reserve-AIT-2008-483-AAR HC rules to arrive at book profit we see no reason why current year's depreciation even though, not charged, to the profit and loss account though disclosed in the notes appended to the accounts cannot be deducted from the "net profit" In determining "book profit" for the purposes of Section 115J of the Act-assessee is entitled to seek deduction of current year depreciation from net profit to arrive at the "book profit" even though it is not charged to the profit and loss account, though disclosed in the notes appended to the accounts-AIT-2008-484-HC Definition of 'Charitable purpose' under section 2(15) of the Income-tax Act-Income Tax Circular No.11 Import of Trucks/Tippers/Dumpers and spares thereof, under EPCG Scheme by any other sector except for the mining sector is not permitted-DGFT Circular No. 48 transitional arrangements in respect of items whose import has been restricted, shall continue-DGFT Circular No.49 SION norms for export of Shea Stearine notified-DGFT PN 118 The appellant an international firm of solicitors resident in UK, has no office or fixed base in India-the income of the assessee is charged on hourly basis in India and utilised in India shall only be chargeable to Income-Tax Act as disclosed in the return of Income-AIT-2008-480-HC CBDT clarifies that any return of income for the assessment year 2008-09 filed electronically on 30th September 2008, in respect of which the electronic acknowledgement bears the date stamp of 1st October 2008, shall be treated as having been filed within the due date, i.e. 30th September 2008 Export of cement freely allowed from all Ports-DGFT Notification No. 73 Bombay HC rules it is only after enactment of Section 66-A w.e.f. 18.4.2006 that taxable services received from abroad by a person belonging to India are taxed in the hands of the Indian residents- In such cases, the Indian recipient of the taxable services is deemed to be a service provider-Before enactment of Section 66-A, there was no such provision in the Act and therefore, Union of India had no authority to levy service tax-Click on the link below for details Import of all pre-packaged commodities subjected to compliance of all the provisions of the Standards of Weights and Measures (Packaged Commodities) Rules, 1977-Customs Circular No.21 Larger Bench of CESTAT rules in the case of provisional assessment under the Central Excise Rules, 2002 interest is required to be paid from the first day of the month succeeding the month for which such amount is determined-Interest is required to be paid even if the differential amount is paid before the order, under the Rule 7(3) of the said Rules, is issued finalizing the assessment-AIT-2008-473-CESTAT

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CENTRAL EXCISE CIRCULARS 2003

Circular No.
Subject
686/2003
Provisional release of seized goods and execution of B-8 Bond
687/2003
Payment of rebate amount of the duty paid from Cenvat credit account in cash
688/2003

689/2003
Maintenance of records by First Stage and Second Stage dealers and pre- authentication of invoices issued by Second Stage dealers/ dealers of imported goods
690/2003
CE - Excise Duty on Steel Formers consumed captively in Induction Furnace
691/2003
Removal of Budget Day restrictions for Budget 2003-04
692/2003
Valuation of goods captively consumed.
693/2003
Audit of EOUs situated in port cities and other areas
694/2003

695/2003
Central Excise and Customs – Disposal of refund/rebate claims where Special Leave Petition/Civil Application along with stay application is pending at Supreme Court
696/2003

697/2003
Valuation of goods under Section 4A of the Central Excise Act
698/2003

699/2003

700/2003

701/2003
Central Excise- Refund of unutilized Credit of Additional Duty of Excise (Goods of Special Importance) in terms of rule 5 of CENVAT Credit Rules, 2002
702/2003
Refund of unutilized deemed credit on grey fabrics used in the processed fabrics exported under bond
703/2003

704/2003
CENVAT credit involved on stock of Light Diesel Oil as on 28.2.2003
705/2003
Simplified Central Excise Procedure for export of readymade garments
706/2003
Simplification of Export Procedure –when the Bonds can be furnished with Deputy/Assistant Commissioner of Central Excise
707/2003
Procedure to be followed for availing Ad-hoc exemption under Section 5A(2) of the Central Excise Act, 1944.
708/2003
New Central Excise Registration Procedure for Powerloom Weavers / Hand Processors / Dealers of Yarns and Fabrics / Manufacturers of Ready Made Garments
709/2003
Central Excise- Storage of goods outside factory premises – Waiver of Merchant overtime charges
710/2003
Proposal for inclusion in Audit Report of the CAG of India (Indirect Taxes) for the year 2001-2002 – Handling of appeal cases in Central Excise Department
711/2003
Furnishing of security/surety by merchant exporters- Board’s Circular No. 586/23/2001-CX dated 12.9.2001
712/2003
Central Excise - Disposal of adjudication cases – fixation of targets
713/2003
Certain clarification regarding excise duty structure on textile and textile articles
714/2003

715/2003
Provisional Assessment -use of Provisional Assessment Monitoring Systems (PAMS) Software
716/2003

717/2003

718/2003

719/2003

720/2003

721/2003
Central Excise- Payment of duty on waste package/ containers used for packing Modvatable inputs when cleared from the factory of the manufacturer availing Modvat/ CENVAT credit
722/2003
Passing on of the credit of duty paid yarn by the exempted powerloom units to multiple buyers
723/2003

724/2003

725/2003

726/2003

727/2003
Classification/Excisability of Technical grade pesticides, etc
728/2003
Use of Electronic Departmental Communication System (E-DECS)
729/2003

730/2003
Excisability of Press Mud arising during manufacture of sugar
731/2003
Revised Central Excise Audit Manual
732/2003
Central Excise – Delay in issue of Adjudication order/Appellate order after personal hearing
733/2003
Computation of aggregate value of clearances for calculating the eligibility limit for availing Small Scale Industries Exemption Scheme for the financial year 2003-04
734/2003

735/2003
Setting up of Tax Clinics for Small Scale Sector Manufacturers
736/2003
Self- sealing of export goods
737/2003
Levy of excise duty on readymade garments on the basis of Retail Sale Price (RSP)
738/2003

739/2003
Availment of CENVAT/ Modvat credit when common inputs are used for both dutiable and exempted goods- Board’s Circulars No. 591/28/2001-CX dated 16.10.2001 and No. 654/45/2002-CX dated 19th August 2002
740/2003

741/2003
Self-sealing of export goods- Board’s circular No. 736/52/2003-CX dated 11.08.2003
742/2003

743/2003
Procedure to be followed for availing ad-hoc exemption under Section 5A (2) of the Central Excise Act, 1944
744/2003

745/2003
Hon’ble Supreme Court judgment dated 31.01.2003, in the case of Collector of Customs, Bombay vs M/s Elephanta Oil and Industries Ltd., Bombay:C.A. No. 4858/95 w.r.t CEGAT Final Order No. 52/92-C, dated 18.02.2002.
746/2003
Effective handling of Central Excise & Customs Appeals – Recommendations of the Expert Group
747/2003
Notifications 69/2003-CE (NT) to 73/2003-CE (NT) -Introduction of new formats of monthly/quarterly return to be filed by SSI/Non SSI manufacturers, Export Oriented units and Registered dealers
748/2003
Civil Appeal Nos. 4151-57/2001 in the case of Commissioner of Customs Kolkata Vs M/s. Grand Prime Ltd. & Ors. Against CEGAT Order No. A/1885-91/CAL/2000 dtd. 20-11-00
749/2003
Valuation of goods for Central Excise Purposes – cum duty price
750/2003
Award of interest by the Tribunal
751/2003
Utilisation of credit of AED (GSI) towards payment of Cenvat duty
752/2003
Power of Adjudication of Central Excise Officers under Section 33 and Section 11A of the Central Excise Act, 1944 – instruction
753/2003

754/2003
Availment to credit on inputs used exclusively for the manufacture of exempted finished goods
755/2003
Notifications 69/2003-CE (NT) to 73/2003-CE (NT) - changes in rule 4 of CENVAT Credit Rules, 2002- Board’s circular No. 747/63/2003-CX
756/2003
Extension of stay by CEGAT / CESTAT beyond 180 days
757/2003
Central Excise Registration - Notifications No. 49/2003-CE and No. 50/2003-CE, both
758/2003
Export under Bond and under claim of rebate – amendment in notification No.40/2001-CE(NT) and No.42/2001-CE(NT), both change in the definition of ‘Maritime Commissioner’
759/2003
Clarification regarding availability of clearance based exemption to the textile traders
760/2003
New Central Excise Registration Procedure for manufacturers of hand rolled cheroot of tobacco under Sub-Heading No.2402.00 of Central Excise Tariff Act, 1985
761/2003
Grant of refund of duty on petrol supplied to President, Vice-President, Governors, Diplomatic missions, including diplomatic officers and U.N. specialized agencies- sanctioning authority
762/2003
Adjudication of cases remanded by the Appellate Authorities for denovo adjudication
763/2003
Whether the amount of Dharmada charged in the invoices and recovered from the customers as required to be included in the assessable value under Section 4 of Central Excise Act, 1944, order of the Hon'ble Supreme Court in Civil Appeal Nos. 7900-7902/95 in the case of CCE, Allahabad v. M/s. Panchmukhi Engg. Works & Ors
764/2003
Inclusion of Ship Demurrage (Ship Detention charges) in the assessable value of imported goods
765/2003
Application of the doctrine of unjust enrichment to provisional assessment cases
766/2003
Default in monthly payment of duty- Action to recover the dues