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Circular No. 449/15/99-CX References have been received from the field formations regarding doubts on the dutiability of waste packages/containers used for packaging Modvatable inputs when cleared from the factory of manufacturer availing Modvat Credit. The doubt arose in view of conflicting judgments of CEGAT rendered in the case of M/s. West Coast Industrial Gases Ltd. v. CCE, cochin reported in 1996 (83) ELT (358 CEGAT and in the case of M/s IOL v. CCE reported in 1993 (68) ELT (624).
Circular No. 448/14/99-CX I am directed to refer to the provisions of Notification No. 56/98-Cus. dated 1.8.98 (earlier Notification No. 29/98 dated 2.6.98 and 34/98 dated 13.6.98). In terms of serial no. 12 of the table annexed to this notification and mutates mutandis, under the corresponding entries in the earlier notifications , all the goods falling within the first schedule to the Customs Tariff Act which are imported for sale as such, other than by way of high sea sale,
Circular No. 447/13/99-CX I am directed to say that on dismissal of Departments appeals by Supreme Court on 2.9.97 in the case of CCE v. M/s Ram Body Builders [1997 (94) ELT 442 (SC)], various references have been received for a clarification regarding the Department”s stand on classification of body built on duty paid chassis by the independent body builders
Circular No. 446/12/99-CX A dispute has been raised regarding classification of “Phenyl” manufactured by M/s. Bengal Chemicals & Pharmaceuticals Ltd., whether under sub-heading 3808.90 – as others or 3808.10 – as pesticide.
Circular No. 445/11/99-CX Your attention is drawn to the Para 7 of the Circular which specifies the procedure for examination of goods at the port/place of export in cases goods are cleared under the aforesaid special facility. Subsequently, the Customs Wing of the Board has issued a comprehensive Circular (no. 90/98 – Cus. IV dated 08.12.98) on the manner of examination at the port/place of export,
Circular No. 444/9/99-CX I am directed to draw your attention to Board”s Circular No. 5/83-CX.6 ( F.No. 210/29/81-CX.6) dated 10.3.83, wherein it has been directed, inter alia, that immediately on receipt of objection from the Accountant-General”s Audit Party, demand-cum-show-notice should be issued without any loss of time even if the Central Excise Officers do not agree with the Audit”s point of view and such demand-cum-show-cause-notice may be withdrawn where Department”s stand is ultimately accepted by the Accountant General”s Office and the objective is settled.
Circular No. 443/9/99-CX It has been brought to the notice of the Board that cess is not being collected on “Instant Tea” under the provisions of the Tea Act, 1953 resulting into various Audit Objections.
Circular No. 442/8/99-CX I am directed to refer to Notification No. 8/97-CE dated 1.3.97 which exempts the finished products, rejects and waste or scrap, produced of manufactured in a 100% EOU or FTZ wholly from raw-materials produced or manufactured in India, and allowed to be sold in India, from so much of duty of excise leviable thereon under Section 3 of the Central Excise Act on like goods produced or manufactured in India other than in 100% EOU or a FTZ ,
Circular No. 441/7/99-CX I am directed to refer to Notification No. 7/99-CE(NT) dated 9/2/1999 issued to amend Modvat Rules. The aforesaid notification has been issued to insert sub-rule (11) in Rule 57G and sub-rule(13) in Rule 57T of the Central Excise Rules, 1944 so as to empower the Assistant commissioner of Central Excise having jurisdiction over the factory of the manufacturer to allow credit of duty paid on inputs/capital goods ignoring minor procedural lapses in falling the declaration or the invoice/document based on which credit is to be taken.
Circular No. 440/06/99-CX I am directed to say that the Annual Budget of the Central Government for the Financial Year 1999-2000 is likely to be presented to Parliament on the 27th February, 1999 at 11 AM. Notification No. 8/99-Central Excise (NT) dated 10th February has been issued to amend rule 100G and rule 224 of the Central Excise Rules, 1944 consequent to the decision of the Government to change the time of the presentation of this Budget from 5.00 PM to 11.00 AM.
