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Circular No.606/43/2001-CX I am directed to invite reference to the Board’s Circular No. 555/51/2000-CX (F.No. 4/3/2001 -CX.I) dated 19.10.2000 on the above-mentioned subject modifying our earlier circular No. 540/36/2000-CX dated 8.8.2000. The circular dated 8.8.2000 is here by rescinded.
Circular No.605/42/2001-CX The board has examined the matter. It is clarified that notification No. 42/2001-CE(N.T.) dated 26.6.2001 [effective from 1.7.2001] allows export of ‘all excisable goods’ without payment of duty. It includes all excisable goods supplied as ship’s stores for consumption on board a vessel bound for any foreign port [including fuel for bunker], but does not include mineral oil products falling under Chapter 27 of the Schedule to the Central Excise Tariff Act, 1985 exported as stores for consumption of board on aircraft on foreign run.
Circular No.604/41/2001-CX I am directed to say that doubts still persist about instructions contained in Para 8.2 of the Part-V of Chapter-8 of the Central Excise Manual (effective from 1.9.2001) notwithstanding instructions contained in Circular No. 602/39 /2001-CX dated 21.11.2001.
Circular No.603/40/2001-CX I am directed to say that doubts have arisen whether it is the body-builder who is required to furnish a bond for receipt of chassis for body-building thereon and export or the manufacturer of chassis, who sends the chassis for building body and exports the vehicles, may furnish the bond under the provisions of Central Excise (Removal of Goods at Concessional Rate of Duty for Manufacture of Excisable Goods) Rules, 2001.
Circular No. 602/39/2001-CX I am directed to say that representations have been received in the Board to allow merchant exporters to get export goods manufactured by another manufacturer/ processor under claim of rebate on duty paid on inputs under Notification No. 41/2001-Central Excise (N.T.) dated 26th June, 2001 on the lines of Circular No.164/75/95-CX dated 18.12.95 and modify Para 8.2 of the Part-V of Chapter-8 of the Central Excise Manual (effective from 1.9.2001).
Circular No.601/38/2001-CX I am directed to refer to Board’s Circular No.237/71/96-CX dated 12.8.96 and 315/31/97-CX dated 23.5.97 issued from F.No.126/1/96-CX.3 wherein it has been held that Ready Mix Concrete (RMC) falls under heading 38.23.
Circular No. 600/37/2001-CX I am directed to invite reference to the judgment of Hon’ble High Court of Gujarat in the case of M/s. Krishna Chemicals, Ahmedabad, passed on 22.11.2000. The Hon’ble High Court has interpreted Notification No.16/94-CE(NT) dated 30.3.94 and held that the gate passes issued prior to 1.4.94 but endorsed thereafter would be valid documents for availment of credit,
I am directed to say that erstwhile rule 57CC(1) of the Central Excise Rules, 1944 provides for payment of an amount equal to 8% of the total price (excluding sales tax etc. paid on such goods) of the exempted final product by the manufacturers who manufacture both dutiable and exempted final products without maintaining a separate account for inputs, on which credit has been availed. It has been reported that certain manufacturers are realising the amount so paid under said Rule 57CC from their buyers by showing it separately in the invoices. Doubts have been expressed as to whether the amount so realised by the manufacturers represents Central Excise duty and whether this amount has to be paid to the credit of Central Government under the provisions of section 11D of Central Excise Act, 1944.
The principal notification was published in the Gazette of India, Extraordinary, vide notification No. 32/2001-Central Excise, dated the 28th June, 2001 [G.S.R. 490 (E), dated the 28th June, 2001] and was last amended vide notification No. 41/2001-Central Excise, dated the 21st September, 2001[G.S.R. 683 (E), dated the 21st September, 2000.
Circular No.598/35/2001-CX I am directed to say that the Board has decided that all audits by Central Excise Officers shall be conducted under EA-2000 using new Audit Manual, Standard Audit Programme [As contained in Audit Manual as on 1st September, 2001) and Working Papers. The traditional audit using old Audit Manual [1998 Edition] will be phased out. Thus there will be only one type of audit with effect from 1st January, 2002. 2.
