Difficulties, if any, in implementation of these instructions, may be brought to the notice of the Board. Kindly acknowledge receipt of this Circular.
Trade has represented that the conditions laid down in paragraph 6 and Annexure-II of the Circular are restrictive as they restrict the job worker / supporting manufacturer to manufacture garments only for a particular merchant exporter.
Circular No. 600/37/2001-CX I am directed to invite reference to the judgment of Hon’ble High Court of Gujarat in the case of M/s. Krishna Chemicals, Ahmedabad, passed on 22.11.2000. The Hon’ble High Court has interpreted Notification No.16/94-CE(NT) dated 30.3.94 and held that the gate passes issued prior to 1.4.94 but endorsed thereafter would be valid documents for availment of credit,
I am directed to say that erstwhile rule 57CC(1) of the Central Excise Rules, 1944 provides for payment of an amount equal to 8% of the total price (excluding sales tax etc. paid on such goods) of the exempted final product by the manufacturers who manufacture both dutiable and exempted final products without maintaining a separate account for inputs, on which credit has been availed. It has been reported that certain manufacturers are realising the amount so paid under said Rule 57CC from their buyers by showing it separately in the invoices. Doubts have been expressed as to whether the amount so realised by the manufacturers represents Central Excise duty and whether this amount has to be paid to the credit of Central Government under the provisions of section 11D of Central Excise Act, 1944.
To avoid such situations the Companies are advised to mandatorily print the bank accounts details furnished by the Depositories, on the payment instruments. The Depositories and the Stock Exchanges are therefore advised to instruct the companies / issuers accordingly.
It is further advised that at present only some of the companies print the bank account details of the investors on the warrants (payment instrument), for distribution of dividends and other cash benefits etc,. There are some companies, which are not printing the bank account details on the payment instruments. SEBI has also received complaints about fraudulent encashment of the dividend and other cash benefit instruments.
The Season’s production year mentioned in the para 2 of above Policy Circular may be changed to 2001-2002 instead of the existing 2000-20001. After above modification, the said para 2 shall be read as. It has been decided to allocate a quantity of 10,000 MTs (Ten thousand MTs) of Free Sale sugar out of season’s production (2001-2002) for export to EEC as preferential white sugar quota (2001-2002).
In view of the foregoing, you are requested to alert all subordinate Customs formations handling clearance of post parcels against the possibility of such attempts for smuggling
Difficulties, if any, faced in the implementation of the above instructions, may also be brought to notice of the Board at an early date.
Circular No. 13 of 2001-Income Tax The Government has proposed to levy a Minimum Alternate Tax (MAT) on companies, which was announced by the Finance Minister in the Budget Speech on 22nd July, 1996. A new section 115JA is being inserted in the Income-tax Act, 1961 for this purpose. The salient features of the proposed MAT are as follows
