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Circulars
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Execution of Bound-cum-Legal Undertaking by SEZ Developers/Units under SEZ Rules, 2006 – Clarification - Reg.
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Bond-cum-Legal Undertaking execution for SEZ developers clarified: state-issued stamp paper and local notarisation required, compliance emphasized.
Clarifies that the Bond-cum-Legal Undertaking in Forms D and H must be executed on non-judicial stamp paper purchased in the State where the SEZ or unit is located and must be notarised by a Notary Public registered in that State; existing developers/units are directed to execute the undertaking under the SEZ Rules by the applicable compliance date.
Approval for setting up of trading units in Special Economic Zones
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Trading restrictions in SEZs: trading units may only import for export and cannot procure from DTA.
Trading units in SEZs must confine trading to imports for export and a proviso shall be added to Form G clauses (i) and (iv) that a Unit having letter of approval for trading shall not procure goods from the DTA; this requirement applies to new proposals and existing trading units, whose letters of approval should be amended accordingly.
Exim Bank’s Line of Credit of US$ 33.5 Million to the Government of Democratic Republic of Congo (DR Congo)
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Line of Credit to DR Congo finances eligible Indian exports under Foreign Trade Policy while imposing declaration and commission rules.
Exim Bank's Line of Credit to the Government of the Democratic Republic of Congo finances eligible Indian exports subject to the Foreign Trade Policy. Shipments must be declared on GR/SDF forms, adhere to specified terminal utilization periods for project and supply contracts, and no agency commission is payable from the credit (exporters may use their own resources or EEFC balances for commission subject to prevailing rules). Directions are issued under FEMA and do not affect other statutory permissions.
Exim Bank’s Line of Credit of US$ 60 Million to the Government of Ghana
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Line of credit for export financing requires specified utilisation periods, GR/SDF shipment declarations and FEMA compliance by authorised banks.
A Line of Credit from Exim Bank to the Government of Ghana finances eligible Indian exports for rural electrification and a presidential office. Shipments must be declared on GR/SDF forms. Distinct terminal utilisation periods apply for project exports and other supplies. No agency commission is payable under the LOC, though exporters may use own funds or EEFC balances for commission subject to realisation and prevailing instructions. Authorised Dealer banks must notify exporter constituents. Directions are issued under statutory foreign exchange powers without prejudice to other legal permissions.
Exim Bank's Line of Credit of USD 5 Million to Eastern and Southern African Trade & Development Bank (PTA)Bank
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Line of credit for export finance sets documentation, commission payment rules and conditional reimbursement under foreign exchange law.
Exim Bank extended a Line of Credit to the Eastern and Southern African Trade & Development Bank to finance exports from India to its member countries, with specific deadlines for letter of credit opening and disbursement, mandatory declaration of shipments on prescribed export forms, and rules on payment and reimbursement of agency commission-permiting exporters to use own resources or EEFC balances, denying ordinary reimbursement, but allowing Reserve Bank consideration for limited commission reimbursement for after sales service exports subject to prior approval and payment within member countries.
Endorsement of Bill of Entry for CENVAT purpose
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CENVAT credit documentation change: endorsement of bill of entry by customs no longer required for availing credit.
Endorsement of the Bill of Entry by a Customs officer is dispensed with as a requirement for availing CENVAT (formerly MODVAT) credit; the CENVAT Credit Rules, 2004, and specifically Rule 9, set out the documents on the basis of which credit may be availed and do not provide for such endorsement. Public Notice No.35/95 is withdrawn and Para 17 of Public Notice No.85/99 is amended accordingly.
Endorsement of Bill of Entry for CENVAT purpose – Reg.
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Endorsement of bill of entry no longer required for CENVAT credit under updated CENVAT Credit Rules.
Endorsement of a bill of entry by a customs officer is no longer a basis for claiming CENVAT credit because the CENVAT Credit Rules 2004 list the documents on which credit may be availed and do not include endorsement of the bill of entry; earlier public notices permitting endorsement are withdrawn or amended accordingly.
Central Excise - Budgetary changes - Effective rate of duty on articles of wood falling under Chapter 44 - Regarding
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Excise classification of articles of wood clarified; duty applies only to goods falling under articles-of-wood headings.
Excise duty of 8% has been imposed on articles of wood under Notification No. 10/2006-C.E.; applicability is determined by the 8 digit tariff classification aligned with the 8 digit customs nomenclature and by the Explanatory Notes to Chapter 44, which limit "articles of wood" to goods falling within the chapter's article-of-wood headings (Headings 44.14 to 44.21).
23 - 22-03-2006 Income Tax
Error record of refund
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Refund data correction: banks must update specified refund fields and install prescribed patches, then report implementation.
Banks may modify refund sequence number, Major Head code, PAN, name, amount and assessment year to correct OLTAS refund transmission errors; AO codes must be populated. Computer centres must take two full backups, download and execute prescribed FMX/REP files from the specified server directory with no users logged in, copy and rename/back up files on the file server, and ensure CIN is added to the ts_clean_challan query. A compliance report on implementation is required and prior OLTAS instructions must already be implemented.
Enforcement of Department of AYUSH, Ministry of Health Order No.K.11020/5/97-DCC(ISM), dated 14.10.2005 along with the partial modification dated 14.12.2005 for mandatory testing of heavy metals i.e. Arsenic, Lead, Mercury and Cadmium for purely herbal drugs for export purposes w.e.f. 1.1.2006- reg.
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Mandatory heavy metal testing for exported purely herbal AYUSH medicines: exporters must label products or provide approved lab certificates.
Exporters of purely herbal Ayurveda, Siddha and Unani (AYUSH) medicines must either conspicuously mark export containers with the words "Heavy metals within permissible limits" or furnish a prescribed certificate from an approved laboratory with consignment papers; the representative of the Drug Controller General (India) at the airport or port of shipment is responsible for examining consignments and ensuring compliance with this requirement.
Matter regarding issue of Port Clearance.
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Port clearance requirements: Assistant Commissioner (Export) to grant written departure orders; night clearances allowed with post facto approval.
No conveyance may depart the Customs station without a written departure order by the proper officer. The Assistant Commissioner (Export) is the designated officer on working days; off day duties are rotated by the Additional Commissioner. Port clearance applications must include specified documents (harbour master and police NOCs, passenger list, income tax certificate, light dues receipt, duty particulars for provision/bunker stores where applicable, and general declarations). If a vessel must sail at night and the Assistant Commissioner is unavailable, the Preventive Officer may grant clearance with subsequent post facto approval and verification by the Assistant Commissioner.
Prevention of Money Laundering Act, 2002, Obligations of intermediaries in terms of Rules notified thereunder
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Anti-money laundering reporting obligations require intermediaries to preserve records and file CTRs and STRs promptly.
Intermediaries must comply with PMLA rules by designating a Principal Officer and notifying FIU IND; maintain and preserve Rule 3 transaction records and client identity records for ten years; implement a client identification program under Rule 9; and report monthly Cash Transaction Reports by the 15th of the succeeding month and Suspicious Transaction Reports within seven days, with the Principal Officer responsible for timely submission and for recording reasons for suspiciousness. Confidentiality must be maintained, no tipping off or account restrictions on account of an STR, and Principal Officer details must be submitted to FIU IND.
Amendment in Handbook of Procedures (Vol.I), 2004-2009
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DDP pricing permits turnkey supply and installation for projects under international competitive bidding by notified multilateral or bilateral agencies.
Amendment permits recognition of supply and installation obligations under turnkey contracts for projects financed by multilateral or bilateral agencies notified by the Department of Economic Affairs, where procurement is by International Competitive Bidding and bids have been invited and evaluated on the basis of Delivered Duty Paid (DDP) prices for goods manufactured abroad; this clause is inserted below condition (a) in Appendix 22C and Appendix 27 certificate formats in the Handbook of Procedures (Vol. I).
Provisions of attesting the photographs of Partner/Proprietor/ Director - allotment of IEC
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Photo attestation standards for IEC applications: bank certificates with qualifying liability remarks are inadmissible, compliance required.
Photographs of Proprietors/Partners/Directors must be properly pasted and certified on IEC application forms; bank attestations containing qualifying remarks that limit the bank's responsibility or only confirm signature conformity are unacceptable. For all fresh IEC applications and status modification cases, such bank certificates and photograph attestations with qualifying remarks shall not be accepted, and trade and bankers must comply to avoid processing delays.
Amendment in the Appendix 39 of Handbook of Procedures (Vol.I), notified vide Public Notice No.61(RE-05)/2004-2009 dated 13.10.2005
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Regulatory amendment: deletion of specific provisions in Appendix 39 takes immediate effect under foreign trade policy authority.
Deletion of Column 5 (ii) and Note 2 of Appendix 39 to the Handbook of Procedures (Vol. I) is notified by Public Notice No.92/2005 under the powers of Paragraph 2.4 of the Foreign Trade Policy and Paragraph 1.1 of the Handbook of Procedures, with the deletion taking immediate effect and issued in the public interest.
Procedures to be followed for export of legally acquired stock of Shavings of Shed Antlers of Chital and Sambhar and Manufactured Articles of Shavings of Shed Antlers of Chital and Sambhar
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Export procedures for shed antler shavings require procurement certificates and pre-shipment inspection; limited exemption applies.
Prospective exporters must apply within 30 days to the Chief Wildlife Warden and DGFT, stating quantity and unit price, and submit a valid export order/irrevocable letter of credit together with a Legal Procurement Certificate. Each consignment and related documents will undergo pre-shipment inspection and verification by the Regional Deputy Director, Wildlife Preservation. A one-time exemption for export under these procedures is allowed for two months from Notification No.50; no exports are permitted after that period. Applications received timely will be considered by the Export Facilitation Committee for export licences and may be subject to further conditions.
Vishesh Krishi Upaj Yojana benefits for export of Sesamum Seeds as per Entry No. 08.526 in Appendix 37A
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Vishesh Krishi Upaj Yojana eligibility confirmed for specified sesamum seed exports during the defined prior period.
Exports of Sesamum Indicum (ITC HS Code 120740; 12074010 / 12074090) under Entry No. 08.526 of Appendix 37A are entitled to Vishesh Krishi Upaj Yojana benefits for exports made in the specified prior period between 01.09.2004 and 13.09.2005 only.
Taxability of Repair or maintenance of computer software under the category of “ maintenance or repair services”.
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Taxability of software maintenance clarified as taxable under maintenance or repair services, with collection of unpaid tax directed.
Tax liability arises on maintenance or repair of computer software under the classification of maintenance or repair services. The circular clarifies that maintenance, repair or servicing of software is taxable, superseding prior clarifications, and directs authorities to assess and collect unpaid service tax for such services from the date the earlier exemption was rescinded.
Draft - 07-03-2006 Central Excise
Deduction of Cost of Transportation for Return Journey -regarding
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Deduction of transportation cost: return-journey charges not deductible unless invoice expressly excludes them.
Deduction of transportation costs is limited to actual outward carriage from place of removal to place of delivery; amounts recovered for the empty vehicle's return trip are not deductible. Unless the assessee expressly states in the invoice that transportation charges do not include return-journey charges, deduction of such return-journey transportation charges will not be admissible.
Procedure for the disposal by auction/tender of seized, confiscated and time-expired goods.
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Disposal by auction requires bidder registration, earnest money deposit, and timely payment with delivery obligations.
Disposal of seized, confiscated and time expired goods shall be by electronic auction or by physical tendering. E auction bidders must register on payment of a refundable registration fee and will be allotted login credentials; physical tenders are submitted as sealed bids to the Disposal Unit. Lot details and inspection availability will be published on the Mumbai Customs website and Customs House Notice Board at least three working days prior. Bidders must submit an Earnest Money Deposit in the prescribed form; EMD for e auction is deposited before close and for physical tenders with the tender document. Results are announced two hours after close and the successful bidder must deposit the balance and take delivery within the prescribed period.

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Guidelines for the sale of seized/ confiscated gold – Reg

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Sale of seized gold routed through a bank consignee, priced to market and taxes paid from proceeds.
State Bank of India will act as consignee agent for sale of seized/confiscated gold delivered by Customs in marketable form or converted to .999/.995 ... Summary

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Acts Income Tax