Circular No. 398/31/98-CX I am directed to say that it has been observed by the Board that there is considerable delay in disposal of refund/ rebate claims. You may recall that the provisions have been made in the Central Excise Act, 1944 to grant interest if the refund claim is not sanctioned within 3 months from the date of receipt of the application.
Circular No. 397/30/98-CX I am directed to draw your attention to Board”s instructions contained in Circular No. 18/90-CX.6 dated 20.9.90 issued from F.No. 202/28/89-CX.6 on the above subject.
Circular No. 396/29/98-CX On the question of recovery of dues during pendency of stay application before the Commissioner (Appeal), the matter was examined by the Board and necessary instructions were issued vide Circular No. 23/90-CX.6 dated 12.12.1990 issued from F.No. 209/ 107/89-CX.6 and Circular No. 16/92-CX.6 dated 12.11.1992 issued from F.No. 208/59/92-CX.6. According to these instructions, Central Excise Officers were to allow a period of three months from the date of decision for payment of dues adjudicated before resorting to coercive measures to recover such dues.
Circular No. 395/28/98-CX SSI units and medium units paying annual revenue of less than Rs. 1 crore need not be audited in the above manner. Instead there will be a system of Selective Audit keeping in mind the units which are manufacturing evasion-prone commodities, using costly raw materials, showing negative growth of revenue etc. SSI units should be visited only on written permission of an officer not below the rank of Assistant Commissioner.
Circular No. 394/27/98-CX I am directed to draw your attention to Board”s Circular No. 249/83/96-CX dated 11.10.96, regarding introduction of self-assessment system. Under this system, the assessee is himself required to assess the duty liability and prepare a return on a monthly-basis (for SSI on quarterly basis) and submit to scrutinise the returns in the manner prescribed in the aforesaid Circular. The assessees are also required to file declaration under rule 173B for the purpose of classification of the goods and a declaration under rule 173C for the value of goods in certain specified type of cases.
Circular No. 393/26/98-CX I am directed to say that the Government is concerned over lack of systematic and real responsiveness in the Indirect Tax Administration. It is felt that there is immediate need for having a professional and efficient approach towards providing responsive Tax Administration. In this connection, it is necessary that all intimations, declarations and queries received from the Members of trade
Certain representations have been received seeking clarification whether for calculation of NFE the imports effected by 100% EOUs/Units in the EPZ are to be deducted or not. In this context, it is clarified that Paragraph 9.5 of Handbook of Procedures(Vol.1) clearly stipulates that Letter of Permission/Letter of Intent issued to EOU/EPZ/EHTP/STP units by the concerned authority would be construed as a licence for all purposes.
The export proceeds realised in any currency shall be converted, except in cases where the entire imports and the entire exports are made in one foreign currency, into US Dollars at the exchange rate prevailing on the date of issuance of EPCG licence which has been endorsed on the reverse of the licence with a view to ascertain whether export obligation has been fulfilled or not.
Please refer to this office letter of even no. dated 20.4.98 prescribing procedure for import of gold/ silver and platinum jewellery Export Promotion Scheme
For taking supplies from such Private Bonded Warehouses no further endorsement of any kind on such specific licence or Advance Licence from the Licensing Authorities would be required. Accordingly, these licences which are valid for imports would be valid for taking supply from Private Bonded Warehouses also.
