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Circular No. 313/29/97-CX An appeal lies to the Supreme Court under section 13CE of the C.A. 1962/ Section 35L of the Central Excise Act against the CEGAT order relating to rate of duty and valuation for the purpose of assessment. The appeal is required to be filed by the jurisdictional Commissioner within 60-days from the date of receipt of CEGAT order in the Commissionerate. Prior to 1995, cases relating to rate of duty and valuation were centralised in the Special Benches of Cegat at Delhi. After the amendment in the Acts in 1995 such cases are to be disposed of by the Regional Benches also.
Circular No. 312/28/97-CX It has been noticed that quite a lot of unnecessary litigation and avoidable work is created by indiscriminate issue of show cause notices/ less charge demands invoking the proviso to Section 11-A of CESA or to Section 28 of the Customs Atc, etc. even when there is no fraud or misdeclaration, etc., for example, where there has been an established practice well within the knowledge of one Department.
Circular No. 311/27/97-CX Consequent upon introduction of self-assessment procedure, the assessee is required to assess his duty liability and RT- 12 returns. It is desired that notwithstanding the change in the system of assessment, the Register of Assessment and Revenue Realisations (now renamed as Register of Scrutiny of RT-12 Returns and Revenue Realisation) should continue to be maintained by the Range Officers in the revised proforma enclosed as Annexure.
For the purposes of the exemption, dead stock means goods which have not been exported for two years after their manufacture in the hundred per cent export oriented undertaking or the unit in the export processing zone.
Circular No. 310/26/97-CX I am directed to say that clarification has been sought regarding procedure to be followed in cases mentioned in the above subject in reference to Board”s Circular No. 257/91/96-CX dated 30.10.96 (F.No. 202/3/95-CX.6).
Circular No. 309/25/97-CX I am directed to say that a doubt has arisen on the classification of the drinks made from frozen fruit pulps, fruit pulp concentrates and the fruit pulps. The trade has represented that the tariff entry fruit pulp based drinks in heading No. 2202.30 may be revised to read as fruit pulp based drinks, fruit juices, fruit juice concentrates.
Circular No. 308/24/97-CX I amd directed to say that certain doubts have been expressed as to whether the process of putting together a number of duty paid articles into a container like carton, kit etc. to be marketed as Cable Jointing Kits would amount of manufacture or not. In this process either the duty paid articles are procured entirely from the open market or some articles are manufactured by kitters and others are bought out. these articles are then put into a container like box, kit etc.
Circular No. 307/23/97-CX I am directed to refer to Sr. No. 162 of notification No. 4/97-Central Excise, dated the 1st March, 1997 and Sr. No. 124 of notification No. 5/97-Central Excise, dated the 1st March, 1997 and to say that whereas the former prescribes a rate of duty of 13% ad valorem for glassware produced by semi-automatic process in respect of goods falling under heading No. 70.07 to 70.15, the latter prescribes a duty of 8% ad valorem for all goods falling under sub-heading No. 7015.00.
Circular No. 306/22/97-CX Instances have come to the notice of the Board where job-workers have availed the credit on inputs used for job-work done by them under the provisions of rule 57F(4) of the Central Excise Rules, 1944.
Circular No. 305/21/97-CX It has been brought to the notice of the Board that certain Central Excise formations have issued certificates to merchant exporters who had exported the goods under Value Based Advance Licence (VBAL) to the effect that they have not availed the modvat facility.
