Circular No. 532/28/2000-CX Instances have come to the notice of the Board where it has been noticed that cases are not being investigated carefully and all relevant facts relating to the case are not being incorporated in SCNs and the adjudication orders. As a result when the issue is agitated before the CEGAT either by the party or the Department, CEGAT gives benefit of doubt to the party since DR is not in a position to explain finer issues/facts of the case.
Circular No. 531/27/2000-CX It is directed to refer to the Board’s Circular No. 459/25/99-CX dated 8.6.99 whereby the “Proforma of Declaration” under rule 173C relating to commodities notified under section 4A has been specified. Your attention is drawn to Note (2) in the Said Proforma (which was based on erstwhile Explanation 2 to section 4A) wherein it is mentioned that in case of different retail sale price for different regions/States,
It has been observed in Chennai Customs House that certain parties had faraudulently obtained payment of drawback by fabrication of export documents, wherein in the exporters were effected by certain exporters and the documents were fabricated in the name of a third party, who ultimately obtained payment of drawback. Some of the relevant drawback claims had been returned to the exporters
In the recent past, Board has received a number of references from the field formations seeking clarification on applicability of graduation condition for Regulation 9(1) examination prescribed in CHALR’84.
Circular No. 530/26/2000-CX It is directed to say that the Director General of Inspection (Customs and Excise) and the Commissionerates have brought to the notice of the Board that difficulties are being faced in the allotment of New ECC Number because some of the Central Excise assessees and the registered dealers still do not have 10-characters alphanumeric Permanent Account Number (PAN) issued by the Income tax Department.
It is directed to refer to the Board’s Ciurcular No. 34/2000-Cus. Dated 3rd May, 2000 on above mentioned subject. Paragraph 2(ii) of the said Circular provides the manner in which the value of the Mother Bond is to be calculated. It has been provided in Paragraph 2(iii) that the Mother Bond would be like a running bond, whereas carriers would be free to furnish security for each trip of vessel
Circular No. 529/25/2000-CX Your attention is invited to the provisions contained in Sections 35G and 35L(b) of the Central Excise Act, which Sections clearly stipulate the types of cases where statutory appeal against the Tribunal’s order lies before the Supreme Court. A question of law could be referred to the High Court in respect of issues other than those relating to the rate of duty or to the valuation of goods as these are covered under Section 35L(b) of the Act
The Kendla Customs House has informed the Board that the provisional assessments of M/s Indian Oil Corporation Ltd. pending since 1994 for final quantification of the amount liquid bulk cargo have been finalised, on the basis of the Bombay High Court’s Judgement dated 17.7.1986 in W.P. No. 1236/81 and 1354/84 reported in 1986 (25) ELT 948 (Bom.).
It is directed to refer to the subject mentioned above and to say that a doubt has been raised as to whether the benefit of above exemption could be allowed to intravenous amino acids containing carbohydrates/electrolyhtes.
The question of processing of drawback claims under the EDI system at the sea ports when the price is declared on CIF/C&F basis has been under examination of the Board following references received in this behalf from some of the Commissioner of Customs
