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Circular No. 163/74/95-CX Some Commissioner have referred to difficulties in provisional release of goods/ vehicles before issue of S.C.N. particularly in Commissionerates which are having two Commissioners. It has also been brought to the notice of the Board that while in some Commissionerates, provisional release of the goods is granted by Commissioner-I, in other Commissionerates such release is granted by Commissioner -II and that, therefore, there is no uniform practice.
Circular No. 162/73/95-CX Kindly refer to the instructions contained in the Board”s D.O. letter F.No. 101/2/92-CX.2 dated 4th March, 1992 directing that a case should be transferred to the Call Book with the approval of Commissioner/ Commissioner (Judicial) / DG etc. as the case may be . It is further stated the Board”s Circular No. 53/90-CX.3 dated 6.9.1990, specifies the circumstances under which a pending case can be transferred to Call Book.
Circular No. 161/72/96-CX I am directed to say that doubts have been expressed regarding correct classification of PVC leather cloth also known as Rexine Cloth as to whether it will fall under Heading No. 39.21 or 59.03 of the Central Excise Tariff. Attention has been drawn to Section Note 1(d) of Section XI of Central Excise Tariff, Chapter Note 2(a)(5) of Chapter 59 and Chapter note 2(k) of Chapter 39.
Circular No. 160/71/95-CX In this regard references have been received from the field formations that a large number of units whose turnover for export run into few crores are not following AR-4 procedure for export on the plea that their turnover for home consumption is less than Rs. 30 lakhs. Further, some unscrupulous manufacturers are also clearing their goods without payment of duty under the guise of export clearances.
Circular No. 159/70/95-CX Representations have been received from the Trade regarding the difficulties being faced in mentioning the amount of duty per unit under Sl. No. 1 (h)(ii) and 5 (g)(ii) of the invoice issued under Rule 57G/ 57T wherein a single invoice contains various items having different prices and are liable to duty at the same rate.
Circular No. 158/69/95-CX It has been brought to the notice of the Board that units having facilities for twisting/ texturising the yarn and then dying / printing/ bleaching/ mercerising are being denied the benefit of exemption will not be available under Not. No. 35/95-CE dt. 16.3.95 after the addition of proviso vide Not. No. 84/95-CE dt.18.5.95 to the effect that this exemption will not be available to the clearances of yarn from a factory having facilities (including plant and equipment) producing single yarn.
Circular No. 157/68/95-CX I am directed to refer to the provisions of rule 57 G providing that the triplicate copy of the Bill of Entry shall be used for taking Modvat Credit. In this regard attention of the Board has been invited to the fact that consequent to the introduction of processing Bill of Entry on EDI system in the Deli Commissionarate, triplicate copy of the Bill of Entry is not being generated.
Circular No. 156/67/94-CX As you are aware, in pursuance of the Supreme Courts” directive for reducing litigation between the Deptt. of Revenue and PSUs, ect, litigation”s before CEGAT and Courts can be pursued only with the prior clearance of the High Powered Committee on Disputes constituted in the Cabinet Sectt. Those cases which are not considered fit for further litigation by the Committee cannot be pursued by the concerned appellants viz
Circular No. 155/66/95-CX In this regard, the Board”s Circular No. 2/75-CX.VI dated 22.1.75 permitted export of excisable goods from duty paid stocks outside the factory premises under claim for rebate of duty provided: (a) One AR-4 was generated for one gate pass. Similarly a separate AR-4 form is generated if the duty paid consignments have been cleared from different factories.
Circular No. 154/65/95-CX I am directed to say that instances have come to the notice of the Board wherein some unscrupulous assessees availed MODVAT credit fraudulently by tampering the duty amount shown in the input Gate Passes/ Invoices in their RG. 23A Part – II Register. The duty amounts were found to be inflated by adding additional zeros.
