Government of India
Ministry of Finance
Department of Revenue
Central Board of Excise and Customs
New Delhi, the 24th June, 2008.
Circular No.873/11/2008-CX
Sub: Circular No. 625/16/2002 dated 28.02.02 and Circular No. 843/01/2007 dated 17.01.07 regarding assessement under Section 4A.
I am directed to inform that the Board has decided not to file a review petition in the case of M/s Jayanti Food processing {Ref. 2007(215) ELT 327(S.C.) dated 22.08.07}.In this case, the Supreme Court has pronounced on the applicability of SWM (PC) Rules, 1977 in the context of assessment under section 4 or section 4A.The Board has examined the existing circulars in the light of the Supreme Court judgement.
- The circular no. 843/01/2007 dated 17.01.07 has become redundant.
- The illustrations in para-3 & para-4 of the circular no. 625/16/2002 dated 28.02.02 regarding bulk sales of telephone and ice-cream may also be treated as redundant.
- Trade and field formations may be suitably informed.
- Hindi version will follow.
- Receipt of this Circular may kindly be acknowledged.
Yours faithfully,
Sd/-
(Ashima Bansal)
Under Secretary to the Govt. of India
F. No. 27/5/2008-CX1