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Reference is invited to Section 35L(b) of the Central Excise Act,1944, made applicable to Service Tax vide Section 83 0f the Finance Act,1994 and Section 130E(b) of the Customs Act, 1962 which stipulates that appeal shall lie to the Supreme Court against a Tribunal order in a case involving determination of any question having a relation to the rate of duty or value of the goods for the purpose of assessment. Your attention is also invited to Circular No 935/25/2010-CX dated 21.09.2010 regarding Measures to streamline the processing of departmental litigation before the Courts and Tribunals.
Circular No. 955/16/2011-CX, The following amendments have been made in Central Excise Rules, 2002 and CENVAT Credit Rules, 2004: (i) ER-1 Return, filed under Rule 12(1) of the Central Excise Rules, 2002, will have to be electronically filed irrespective of the duty paid in the preceding financial year. (ii) ER-2 Return, filed by 100% EOUs under Rule 17 of the Central Excise Rules, 2002, will be required to be filed electronically irrespective of the duty paid in the preceding financial year.
As per Rule 9A(1) of the CENVAT Credit Rules, 2004, a manufacturer of final products is required to furnish an annual declaration of principal inputs and the input-final product ratio, in respect of each of the final products manufactured or to be manufactured. As per Rule 9A(3) of the CENVAT Credit Rules, 2004, a manufacturer of final products is required to submit a monthly return, in respect of receipt and consumption of each principal inputs with reference to quantity of final products manufactured by him. Now this annual declaration and monthly return are to be submitted electronically as spcified by CBEC in its Notification No. 22/2011 – Central Excise (N.T.), Dated 14-09-2011 .
Dated 14th September, 2011 made it mandatory From 1st October for all Central Excise assessees, [except those availing the exemption under Notification Nos. 49/2003-CE and 50/2003-Central Excise, both dated 10th June 2003 (Uttarakhand and Himachal exemptions)] to file monthly returns electronically. This applies to hundred percent EOUs also. Rule 12 and Rule 17 of the Central Excise Rules, 2002 are amended.
Vide Notification No. 16/2011 Central Excise dated 18.07.2011, CBEC had notified new ER-1 and ER-3 Forms. In which it forgotten to mention, Secondary and Higher Education Cess. Now this is made good and Secondary and Higher Education Cess is included in the forms. In ER-1, in the previous form, in Sl. No. 3, in Details of manufacture, clearance and duty payable, there were no columns for ‘opening balance’ or ‘closing balance’. Notification No. 20/2011 -Central Excise (N.T.)
I am directed to invite your attention to the instructions contained in the Board’s letter F.No. 282/10/93-CX.9, dated 21.12.93, wherein, in supersession of earlier instructions, guidelines were issued for constitution of Regional Advisory Committee (RAC) for organized sector in each of the Central Excise Collectorate (since re-christened as Commissionerate). Attention is also invited to the Board’s instructions on the constitution of a separate RAC for small scale industries, issued vide letter F.No.282/34/73-CX-9, dated 22.12.75.
Govt has vide Notification No. 39 /2011 –Central Excise, dated the 12th September, 2011 exempted Sugar syrup or cream used within the factory of production for manufacture of Biscuits cleared in packaged form with per kg retail sale price equivalent not exceeding Rs. 100.
Circular No. 952/13/2011-CX Board has received several representations from Associations, Chambers of Commerce, Trade Bodies etc., about the divergent procedures followed by the field formations regarding examination and stuffing of export containers in the factory or warehouse under the supervision of Central Excise Officers.
`Self-Assessment’ has been introduced in Customs vide Finance Act, 2011. Further, it has been made mandatory for importers and exporters to file declarations electronically. These changes necessitated a re-look at the extant regulations / forms. Accordingly, draft ‘Bill of Entry (Electronic Declaration) Regulations, 2011’ and draft ‘Shipping Bill (Electronic Declaration) Regulations, 2011’ have been prepared by CBEC and are attached herewith as Annexure – ‘X’ & ‘Y’ respectively.
Some Chief Commissioners are of the view that whereas the manufactures of pan masala /gutkha shall be required to give an undertaking to comply with the provisions of the Plastic Waste (Management and Handling) Rules, 2011 under no circumstance should export of the goods in question be stopped or disallowed. Other Chief Commissioners had a contrary view that allowing the export of pan masala / gutkha packed in plastic sachets would be a contravention of the said Rules of 2011. The Board has examined the matter in the background of the Plastic Waste (Management and Handling) Rules, 2011 as well as the conflicting views of Chief Commissioners.
