Central Excise Circular 863/2008

the Appellate Tribunal was right in holding that the second reassessment proceedings were not validly initiated and thereby quashing the reassessment proceedings-the proceedings initiated by the AO for the second time under Section 147 is barred by limitation-even the proviso to Section 147 does not come into play on the facts of the case-AIT-2010-373-HC Even if the goods belong to same entry, manufacture does take place if new identifiable/marketable goods known in market emerge due to operation conducted-the process of ironing applied to the stiched brassieres prior to their packing was a process incidental to the completion of the brassieres as a manufactured product-process of purification and filtration being incidental or ancillary to the manufacture of a marketable product, the Respondent was entitled to Modvat credit on the inputs involved-AIT-2010-370-HC Larger Bench of CESTAT rules the Tribunal has ample power to condone the delay in filing the appeal including the one filed under section 35 E (4)-AIT-2010-372-CESTAT Corruption in IRS takes its toll-Deputy Commissioner of Income Tax Dhananjay Kumar arrested by CBI in Mumbai-Joint Commissioner of Customs & Excise Hemant Kothikar also arrested by CBI FM directs expediting of Cadre Restructuring in CBDT & CBEC Tariff Value for import of Brass Scrap is 3924-Customs Non-Tariff Notification No. 78 Chief Justice of Gauhati High Court Justice Ranjan Gogoi to be Chief Justice of Punjab & Haryana High Court Anti-dumping duty on imports of Acrylic Fibre originating in, or exported from Japan and Belarus-Customs Tariff Notification No.85 Prescribing SION for new product “Propylene” under Chemical & Allied Products Group-DGFT PN 7 Inclusion of Finished Leather in the Focus Product Scheme of FTP-DGFT PN 6 Exchange Rate for imported goods is Rs 47.25 per US Dollar and Rs 60.35 per EURO-Exchange Rate for export goods is Rs 46.30 per US Dollar and Rs 58.70 per EURO-Customs Non-Tariff Notification No. 77-Click on Exchange Rate for details Anti Dumping Duty under the Notification No.15/2007 is not applicable to Spandex Yarn (Elastomeric yarn)-Customs Circular No.30 Import of goods under Notification No.13/2010 for Commonwealth Games, 2010-Customs Circular No.31 Larger Bench of CESTAT rules charges towards pre-delivery inspection and after-sale-service by dealers from buyers of the cars to be included in the assessable value of cars for payment of excise duty-AIT-2010-366-CESTAT merely because there was non accounting of goods, penalty was technical and inference of clandestine removal was not called for-AIT-2010-365-HC ITAT rules provision for doubtful debts and provision for standard debts are to be taken into consideration for computation of book profit u/s. 115JB of the IT Act-AIT-2010-361-ITAT HC rules slitting of aluminum foils into customized width, mounting the same on the printing machine and thereafter printing the necessary text thereon is covered for 80IB benefit as it falls within the ambit of the term “produce”-AIT-2010-363-HC Definitive Anti-dumping duty imposed on imports of Coumarin, originating in, or exported from China-Customs Tariff Notification No. 82 Special Bench of ITAT Ruling-where a forward contract is entered into by the assessee to sell the foreign currency at an agreed price at a future date falling beyond the last date of accounting period, the loss is incurred to the assessee on account of evaluation of the contract on the last date of the accounting period i.e. before the date of maturity of the forward contract-AIT-2010-355-ITAT-SB

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Circular No. 863/1/2008-CX

F.No.354/122/2002-TRU(Pt-I)

Government of India
Ministry of Finance
Department of Revenue
Central Board of Excise & Customs

New Delhi dated the 18^th January, 2008

Subject: Amendments carried out in notification Nos. 49 & 50/2003-CE, both dated 10.06.2003 in respect of exemption to units located in Uttarakhand and Himachal Pradesh and amendment carried out in rule 12 of Central Excise Rules, 2002 so as to prescribe for a quarterly return for these units.

Sir/ Madam,

The undersigned is directed to refer to the notification No.1/2008-CE dated the 18^th January, 2008 vide which amendments have been carried out in notification Nos. 49 and 50/2003-CE, both dated 10.06.2003. Attention is also invited towards the amendment carried out in rule 12 of Central Excise Rules, 2002 vide notification No.3/2008-CE(N.T.) dated the 18^th January, 2008 in this regard.

2. A new para 4 has been inserted in both the notifications to exclude certain peripheral activities from the operation of these notifications. Accordingly, the benefit of the notifications will not be available to goods which have been subjected to only one or more of the following processes such as packing or re-packing of such goods in a unit container or labeling or re-labeling of containers, declaration or alteration of retail sale price, etc. In other words, units carrying out only such processes would not be eligible for exemption benefit and would be required to pay duty as per normal procedure.

3. Further, rule 12 of Central Excise Rules, 2002 has been amended vide notification No.3/2008-CE[NT] dated the 18^thJanuary, 2008 and a third proviso has been inserted in sub-rule (1) of rule 12 so as to prescribe for a Quarterly Return [notified as Form-A vide notification No.4/2008-CE (N.T.) dated the 18^th January, 2008], to be filed by the units availing exemption under these notifications. Quarter for the purpose of this notification would mean quarter ending June, September, December and March of a financial year. Such units shall file the quarterly return by the 20^th of the subsequent month of the quarter to which the return relates. However, for the quarter ending 31^st day of December, 2007, the units have been allowed to file the return by the 20^th February, 2008.

4. This return has been prescribed in order to collect the basic details regarding the production and removal activities of such units and the transactions undertaken by them with their related units/persons. It may be noted that this return is required to be filed with the office of the Commissioner only. Further, the manufacturers may send the said statement electronically or by post. Necessary arrangements may therefore be made in the concerned Commissionerate to receive the returns.

5. It may further be noted that the above provisions are applicable to all the existing units availing the benefit of these notifications as also to new industrial units that may be set up in future.

6. The field formations and trade and industry may be suitably informed.

7. Hindi version will follow.

Yours faithfully,

(Limatula Yaden)

Deputy Secretary to the Government of India