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Circular No. 478/44/99-CX The Chief Departmental Representative, Customs, Excise & Gold (Control) Appellate Tribunal, New Delhi have been making substantial efforts and we have not started putting not only the gist of the cases decided in CEGAT in favour of the Department at Delhi, but even at Chennai. Similar entry at Mumbai and Calcutta is also planned in the near future. Those CEGAT orders can be easily seen on their computers by all the Commissioners once hey see the CDR”s Website pages.
Circular No. 477/43/99-CX I am directed to say that it has been brought to the notice of the Board that there is non-uniformity in the practice with regard to determination of percentage of fly ash in the asbestos cement products for the purpose of eligibility of exemption under Notification No. 60/91 and succeeding notifications presently Notification No. 5/99 (S.No. 179). Some Commissionerates, reportedly have taken a view percentage of fly ash should be determined taking into account weight of all the raw materials including water used in the manufacture whether contained
Circular No. 476/42/99-CX On the question of review/scrutiny of CEGAT orders involving any question having a relation to the rate of duty of Excise or to the valuation of goods for purposes of assessment, and filing civil appeals to the Hon”ble Supreme Court in appropriate cases, the Board has issued various instructions from time to time. As early as 1993, in view of the judgements of the Hon”ble Supreme Court in C.A. No. 2674 (NM)/1992 in the matter of CCE, Chandigarh v.
Circular No. 475/41/99-CX It has been brought to the notice of the Board that after the new levy under section 3A of the Central Excise Act, 1944 production), the exporters of such goods were not aware as to what procedure should have been followed. Few exports were effected by indicating / writing on export documents (AR-4, Export Invoice, etc.) that the exports were under bond.
Circular No. 474/40/99-CX I am directed to invite your attention to sub-rule 5 of Rule 173G of the Central Excise Rules, 1944 which requires every assessee to furnish to the Proper Officer a list in duplicate, of all accounts maintained and returns prepared by him (whether the same are maintained or prepared in pursuance of these rules or not), in regard to production, manufacture, storage, delivery
Circular No. 473/39/99-CX I am directed to say that a doubt has arisen whether the rebate of central excise duty paid on ingots billets of non-alloy steel and hot re-rolled products of non-alloy steel notified under section 3A of the Central Excise Act, 1944 for the period from 1.8.97 (the day re-rolled material and induction furnace goods were covered under this levy based on capacity of production) and 23.8.98 (the preceding day to the date when notifications providing method of computation of rebate were issued) can be granted in respect of the goods removed from the factory of independent manufacturers
Circular No. 472/38/99-CX I am directed to say that it was reported by the field-formations that cases of making willful wrong entries in the invoices, especially by the registered persons issuing invoices under Rule 57GG (Registered dealers), facilitating the buyer to avail wrong credit of additional duty under the Customs Tariff Act, 1975, came to notice.
Provided that nothing contained in any notification providing exemption from the whole or part of the duty of excise based on the value of clearance made in a financial year shall be applicable to the paper and paperboard manufactured by the said Ashok Paper Mills till this notification remains in force.
Circular No. 471/37/99-CX I am directed to say that difficulty had arisen for the manufacturers of goods specified under Chapters 61 & 62 of the Central Excise Tariff Act where rate of duty is NIL or the goods are exempted, especially the garment manufacturers primarily engaged in the manufacture / production for exports. These manufacturers were denied a simplified export procedure since these could not register themselves with the Central Excise in terms of the existing provisions of Notification 22/98 – Central Excise (N.T.) dated the 4th June, 1998.
Circular No. 470/36/99-CX I am directed to refer to Circular No. 449/15/99-CX dated 23.2.99 on the subject mentioned above. It was clarified vide the above mentioned circular that duty should not be demanded on waste packages/containers used for packaging modvatable inputs when cleared from the factory of manufacturer availing modvat credit following the CEGAT order in case of M/s West Coast Industrial Gases Ltd. v. CCE, Cochin.
