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Circular No. 189/23/96-CX I am directed to say that doubts have arisen about the classification of track insulating materials of plastics such as insulating liners, insulating end post, insulating plates, glass filled nylon liners, washers etc. manufactured for use by Railways. These products are reportedly used by the Railways for electrical insulation in track circulated section of railway to prevent flow of electric current from one railway track section to another railway track section.
Circular No. 188/22/96-CX It has been brought to the notice of the Board that a large number of products with different compositions are being cleared as “animal feed supplements” / additives/ premixes etc. but are benign classified either under heading 23.02 or heading 29.36 or under Chapter 30 of the Central Excise Tariff in various Commissionerates.
Circular No. 187/21/96-CX You may observe that the President, CEGAT has observed that the files relevant to the appeals are rarely sent by the lower authorities to the CDR”s office, unless specifically called for. Consequently, the Departmental Representatives are deprived of the opportunity of making effective submissions in support of Department”s case. Therefore, many a times the old cases are adjourned for the purpose of obtaining record or verifying the existence of the record from the Department.
Circular No. 185/19/96-CX Representation have been received from 100% EOUs seeking premature debonding and converting to Domestic Tariff Area Units regarding availment of Credit on countervailing duty paid by them at the time of debonding.
Circular No. 186/20/96-CX Parawise comments on the CEGAT Orders (adverse to the interest of revenue) are required to be sent within 7 days of receipt of the CEGAT order in the Commissionerates. However, it is being observed that parawise comments are often being sent to the Board after the expiry of the appeal period and are not in the prescribed format. Consequently a large number of appeals are being filed/ application of condonation of delay.
Circular No. 184/18/96-CX I am directed to invite your attention to notification No. 40/95-CE dated 16.3.95 which provides for exemption to woven fabrics of cotton when subjected to certain specified processes. The notification also provides that “calendering” shall include processing of cotton fabrics with the aid of zero-zero machine without a stenter attachment.
Circular No. 183/17/96-CX I am directed to say that doubts have been expressed as to whether chilling of hydrogenated vegetable oil (vanaspati) amounts to “further preparations”, as it results in texturization, thus taking it outside the scope of heading 15004 and making it ineligible for the benefit of money credit as per notification No 45/89-CE(NT).
Circular No. 182/16/96-CX I am directed to say that doubts have been expressed regarding correct classification of Portland Slag Cement and Portland Pozzolana Cement as to whether under sub-heading 2502.29 or 2502.90 during the period 1.3.92 to 28.2.94. The doubts have arisen in view of the changes effected in Chapter 25 of the Central Excise Tariff Act, 1985 in the Budget of 1992-93.
Circular No. 181/15/96-CX Rule 57T of Central Excise Rules, 1944 repuires that manufacturer intending to take credit of the duty paid on capital goods under Rule 57Q shall file a declaration with the Asstt. Commissioner. Representations have been received from the trade that field formations have been denying the credit in cases where the declaration has been filed after receipt of capital goods inside the factory even though there are the provisions for condoning such delays. It has been represented that many times
Circular No. 180/14/96-CX I am directed to say that the difficulties have been expressed by the trade regarding implementation of the provisions contained in Sud-Rule 96) of rule 52A and sub- Rule (5) of Rule 57GG of Central Excise Rules read with Board Circular No. 152/63/95-CX dated 10.10.95 which interalia provide that each invoice shall bear a printed serial number running for the entire financial year.
