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Circular No. 377/10/98-CX I am directed to refer to the notification No. 61/97-CE(NT) dated 11.12.97 whereby, inter alia, sub-rule (3) and sub-rule (4) of Rule 173H have been amended. Now, it is provided that under sub-rule (3), the Chief Commissioner will grant permission by special or general order a
Circular No. 376/9/98-CX Representations have been received from the EHTP Units through the Department of Electronics that there is inordinate delay in rewarehousing the import consignments by the excise ranges. It has been represented that the excise ranges take almost a day in -re warehousing the bonded goods from the port of import to the EHTP Units. As a consequence of this production gets held up till the consignment is re-warehoused.
Circular No. 375/8/98-CX Requests have been received from the Ministry of Commerce as well as from the Trade that Notification No. 2/95-CE dated 4.1.95 should be amended, doing away with the requirement of a certificate to be issued by the Development Commissioner in terms of the 4th proviso of the notification. This certificate is regarding fulfilment of conditions specified in the 3rd proviso of the notification with respect to goods cleared from EOU/ Unit in FTZ into the DTA.
Circular No. 374/7/98-CX It has been brought to the notice of the Board that Central Excise Authorities are not allowing MODVAT credit of the entire CVD paid on the car kit imported in CKD/SKD condition assessed to duty as a complete car at the rate of 40% by the Customs Authorities.
Circular No. 373/06/98-CX For the purpose of clarification it is mentioned that the competency to adjudicate a case is case is already defined in Board”s Circular No. 299/15/97-CX dated 27.2.97 as modified by Circular No. 348/44/97-CX dated 13.8.97 and Circular No. 362/78/97-CX dated 9.12.97. In respect of the cases investigated by the Commissionerates, the show-cause notices will continue to be issued by the officers specified in the Circular No. 299/15/97-CX, ibid
Circular No. 372/5/98-CX I am directed to invite your attention to Board”s Cir. No. 177/11/96-CX dated 28.2.96 based on the recommendations in the 104th Report (10th Lok Sabha) regarding fraudulent availment of Modvat credit to the tune of Rs. 76.84 lakhs by M/s Sipani Automobiles Limited, Bangalore.
Circular No. 371/4/98-CX I am directed to refer to Board”s Circular No. 178/12/96-CX dated 28.2.1996. Based on the recommendation of the PAC, directions were issued vide aforesaid circular of the Board for taking immediate action for launching prosecution under Central Excise & Salt Act, 1944 and the IPC 1860 with respect to unscrupulous cases indulging in fraudulent/ naked evasion of excise duty.
Circular No. 370/3/98-CX Public Accounts Committee in their 104 Report in Para 3.48 has observed that the surprise squads for verification of Modvat Credit in the Commissionerate are not functioning properly as a consequence, the evasion of Central Excise duty through fraudulent availment of Modvat Credit remains unchecked. In this regard, I am directed to reiterate the instructions of the Board contained in F.No. B.22/32.86-TRU dated 16.7.86.
Circular No. 369/2/98-CX The PAC on Audit Para 3.48/ 91-92 on the report of the C & AG for the year ending 31.3.1992. (No 4 of 1993) regarding fraudulent availment of Modvat Credit by Sipani Automobiles, Bangalore has desired that the Ministry of Finance will take adequate steps to ensure that recent amendments in the Central Excise Law
Circular No. 368/1/98-CX Attention is invited to Board”s Circular No. 315/31/97-CX dt. 23.5.97 regarding classification of Ready Mix Concrete. It has been brought to the notice of the Board that in some cases concrete mix manufactured at the site of construction is being denied exemption under S.No. 51 of Notification No. 4/97 dt. 1.3.97.