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Circular No. 323/39/97-CX I am directed to refer to Board”s circular No. 59/88-CX-8 dated 27.10.88 (F.No. 263/32/88-CX 8) wherein it was clarified that small scale units who have opted for full exemption under notification No. 175/86-CE., could be permitted to avail exemption on goods cleared for home consumption under the said notification and to take credit of duty paid on inputs used in the manufacture of goods exported under bond or on payment of duty.
Circular No. 322/38/97-CX I am directed to refer to Board”s Circular No. 285/1/97-CX dated 10.1.1997 under which Central Excise formations were directed to furnish the particulars in the proforma enclosed to the aforesaid Circular to the Commissioners of Customs, to enable them to take necessary action for the violation of VBAL scheme. Subsequently, further instructions where issued vide Board”s telex F.No. 209/48/95-CX.6 dated 27.3.1997 to the effect that the particulars of DEEC Book / Advance Licence giving their number
Circular No. 321/37/97-CX It has been reported that Board”s Circular No. 10/90/CX.8 dated 13.02.1990 denies modvat credit on raw material for making modvat credit in respect of raw materials as they are capable of being put to various uses one of which is making of ready-to-use packaging material.
Circular No. 320/36/97-CX I am directed to say that doubts have been expressed regarding correct classification of Rubberised Tyre Cord Cord Warp sheets whether or not containing weft yarn used in the manufacture of cycle tyres. It has been reported by field formations that cycle tyre manufactures are using both the type of tyre cords i.e. tyre cord containing only warps and no wefts and tyre cord containing both warps and wefts. It has also been reported that the warp sheets not containing any weft yarn are also known as “fabrics” in the trade parlance.
Circular No. 318/34/97-CX It has been brought to the notice of the Board that certificates are not being issued to the exporters, who have reversed the modvat credit in terms of the instructions and formula contained in Board”s Circular No. 285/1/97-CX dated contain such particulars which may enable the concerned Custom Houses to expeditiously close the DEEC Book.
Circular No. 317/33/97-CX The CEGAT (Eastern Zonal Bench) in the case of Indo Flogates Ltd., v. CCE, Bhubaneswar 1997 (20) RLT 443 (CEGAT -EZB) has decided the issue of unjust enrichment under section 11B holding that if credit notes have been issued, refund is admissible. This decision is given by Single Member Bench.
Circular No. 316/32/97-CX In the aforesaid regard, reference is invited to the Board”s instructions under Circular No. 27/27/94-CX dated 2.3.94 issued from F.No. 390/P/253/95-JC In the circular No. 27/27/94-dated 2.3.94, it was pointed out that on receipt of reference of dispute by COD; the operation of the order of proceeding under challenge should be suspended till the COD resolves the dispute or gives clearance to the litigation. In other words, dues cannot be enforced while the reference is pending before COD.
Circular No. 315/31/97-CX I am directed to refer to Member (CX) s D.O. letter of even number dated 22.1.1997 (Copy enclosed)1 wherein it was directed the Board”s Circular No. 237/71/96-CX dated 12.8.96 regarding classification of Ready Mix concrete be kept in abeyance. After re-examining the matter it has been decided to withdraw the aforesaid instruction contained in Member (CX) s D.O. letter dated 22.1.1997.
– For the purpose of this notification, the expression “maximum retail price” shall have the meaning as assigned to it in clause (r) of rule 2 of Standards of Weights and Measures (Packaged Commodities) Rules, 1977.
Circular No. 314/20/97-CX I am directed to state that representations have been received from assessees, on the scope of the term manufacture used in the notification No. 1/95-CE dated 4.1.95. It has been represented that the benefit of the exemption nude notification No. 1/95- CE dated 4/1/95 is being denied to the 100% EOUs approved for the manufacture of welded galvanised steel pipes and tubes by galvanising of black MS pipes on the grounds that galvanising” of black MS pipes does not amount to manufacture in terms of section 2(f) of the Central Excise Act, 1944.
