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Circular No. 352/68/97-CX Your attention is invited to Board”s Circular No. 24/91-CX-8 dated 1st July, 1991 which prescribes issuance of pre-authenticated CT-3 form booklet to 100% EOU”s for obtaining raw material free of duty as and when required without seeking permission from the Central Excise Authorities every time. It has been brought to the notice of the Board inspite of these instructions the facility of pre-authenticated CT-3 forms is generally denied to the EOU”s.
Circular No. 351/67/97-CX Representations have been received by the Board that in some Commissionerates the credit of additional duty of Customs paid on the capital goods (classified under heading 98.01 of the Customs Tariff), 1986
Circular NO. 350/66/97-CX A point was raised in the 36th Customs and Central Excise Advisory Council Meeting held on 10th January, 1997 that the Central Excise officers take undue time in deciding show-cause-notices, wherein replies are already furnished by the assessees in context of Modvat Credit case. Ordinarily, when a show-cause-notice is issued to the assessee, the utilization of the credit to the extent of the amount specified in the show-causes under financial hardships to the assessee is those cases wherein Modvat Credit is found admissible to the assessees on adjudication.
Circular No. 349/65/97-CX The Board has observed with concern that some of the Commissioners are not yet observing the Board”s instructions contained in Board Circular No. 313/29/97-CX (F.No. 390/107/97-JC) dated 6.5.97 as well as Circular No. 332/48/97-CX (F.No. 390/107/97-CX) dated 9.9.97. Copies of these circulars with enclosure of Law Ministry letter No. 34(6)-97-IWSU dated 12.5.971 are enclosed for ready reference.
Circular No. 348/64/97-CX I am directed to say that certain doubts have been raised regarding the proper classification of bulk insecticides, pesticides and other similar chemicals. Some of the associations have pointed out that there is no uniformity in the practice of assessment and in some commissionerates, excise duty is being charted @ 18% whereas in other places, such bulk pesticide chemicals are classified under heading No. 38.08 of the Central Excise Tariff.
Circular No. 347/63/97-CX Please refer to the Board”s instructions issued vide D.O.E. No. 389/934- 39/91-JC dated 11.8.92 containing revised instructions on scrutiny of O-in-O, appellate orders etc., copy of which is enclosed1 herewith for ready reference. In these instructions, it was desired, inter alia, that copies of O-in-Original passed by Collectors were to be reviewed by the Principal Collectors and the same were not to be endorsed to the Board directly. Similarly O-in-A passed by the Collectors (A) were also not required to be sent to the Board.
Circular No. 346/62/97-CX It has been brought to the notice of the Board that there are delays in acceptance of bond furnished by an exporter under Rule 13 of Rule 14 of the Central Excise Rules, 1944 which adversely affect their export schedule. It has been emphasized time and again that the exports should be given top priority and the best possible facilitation measures should be taken to promote exports.
Circular No. 345/61/97-CX Whether the items emerging during the course of ship breaking falling outside the ambit of Section XV of the Schedule to the Central Excise Tariff Act, 1985 would be treated as excisable and are chargeable to Central Excise Duty.
Circular No. 344/60/97-CX Representations have been received from the Trade regarding denial of Modvat Credit on Transformer Oil used in the manufacture of transformers on the ground that the said item can not be treated as an input under Rule 57A of Central Excise Rules, 1944.
Circular No. 343/59/97-CX I am directed to draw your attention to Board”s Circular NO. 209/43/96-CX (F.No. 209/62/95-CX.6) dated 9.5.96 vide which rebate in respect of duty element suffered on processing of cotton fabrics used for manufacture of made-up articles exported was allowed to be claimed by the exporters of such made-ups. Similar facility facility was extended to exporters of man-made fabrics/ sarees. A doubt has been raised whether after the issue of notification No. 49/96-Cus. (N.T.) dated 22.10.96, the aforesaid Circulars are valid.
