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Eligibility of CENVAT credit of service tax paid on goods transported from factory to depot and sold therefrom -reg.
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CENVAT credit eligibility affirmed for service tax on outward transportation to depot, regardless of duty valuation method.
CENVAT credit for service tax on outward transportation is available up to the depot for depot sales because 'place of removal' in the Credit Rules is to be read with definitions in the Central Excise Act; this applies regardless of whether duty is charged at specific rates or on an ad valorem valuation basis, and credit entitlement is independent of duty valuation methods.
01/2006 - 02-02-2006 Central Excise
Allocation of Charge of Commissioner of Customs (Appeal), Lucknow to Commissioners of Central Excise (Appeals), Lucknow, Kanpur, Allahabad, NOIDA, Ghaziabad, Meerut-I & Meerut-II
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Jurisdiction of appeals: place of interception governs seizure appeals, place of port governs import and conversion appeals.
Appeals arising from orders of officers under Commissioner of Customs (Preventive), Lucknow shall be allocated to the respective Commissioners of Central Excise (Appeals) at Lucknow, Kanpur, Allahabad, NOIDA, Ghaziabad, Meerut I and Meerut II; jurisdiction for seizure cases is determined by the place of interception and for import/export and bond conversion by the place of port, amending the prior public notice accordingly.
AMENDMENT TO THE SEBI (DELISTING OF SECURITIES) GUIDELINES, 2003
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Delisting notice requirements now mandate public disclosure of fair value determined by exchange-appointed experts under amended guidelines.
Stock exchanges may delist securities after considering representations from aggrieved persons and, upon delisting, must give wide public notice through newspapers and exchange notice boards/trading systems that disclose the fair value of the security. Fair value must be determined by persons appointed by the exchange from a panel of experts selected by the exchange, having regard to factors set out in the takeover regulations. A prior procedural clause has been omitted to streamline the delisting process.
Amendments in Paragraphs 2.1,2.4, and 2.29 of the Foreign Trade Policy, 2004-2009
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Preferential Raw Cane Sugar Tariff Rate Quota increased for exports to USA, expanding allowable raw sugar export allocation.
Amendment increases the Preferential Raw Cane Sugar Tariff Rate Quota for exports to the USA by allocating additional raw sugar from the free sale portion of the 2005-2006 season, setting the applicable export period from October 1, 2005 to September 30, 2006 and implementing the change by public notice in the public interest.
Amendments in the Book titled "Schedule of DEPB rates"
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DEPB product description amendments clarify coating and paper specifications, aligning export classifications with trade policy requirements.
The DGFT, under Paragraph 2.4 of the Foreign Trade Policy and Paragraph 1.1 of the Handbook of Procedures, amends DEPB schedule product descriptions: Sl. No. 434 (Engineering) revised to "M.S. Bucket Handle duly plated with Nickel or Copper or Zinc/Powder paint coated," and Sl. No. 459 B (Chemicals) revised to list specified paper products including cyclostyling, typing, Xerox, copier, ruled/unruled, plain paper and prime quality drawing sheets cut into various sizes.
Spamming at ICEGATE – filing through service center–reg.
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Spamming at ICEGATE delays electronic communications; use document tracking and service centre with extended filing hours.
Spamming at ICEGATE has slowed delivery of automated responses to filings; users should use the Document Tracking Facility on the ICEGATE website to check filing status instead of awaiting e mail. As an operational alternative, trade may file through the EDI service centre at the New Custom House, where document acceptance hours on working days have been extended to 6.00 p.m. to accommodate increased in person filings while technical remediation is undertaken.
Restriction on transaction of business with Customs By unauthorized persons of CHAs/Importers/Exporters
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Restriction on unauthorized entry: valid customs passes and authorized CHA signatories required before customs accept or process documents.
Only persons with valid identity credentials or day passes may enter the Custom House and CFSs; signing or filing of customs documents is limited to CHA owners/employees who possess the required examination qualification and customs pass category and are duly authorised. Service Centres must verify permanent or date valid temporary customs passes and record signature, name and Kardex number; Banks must verify identity cards on payment; departmental officers must accept documents only from bona fide employees with identity cards and record full signature, printed name and Kardex number on hard copies before finalisation.
Import of consignments of plants & plant products - reg
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Plant quarantine clearance required before release of imported plants and plant products to prevent pest introduction.
Import consignments of plants and plant products shall not be released by Customs for home consumption without prior clearance from Plant Quarantine authorities under the Plant Quarantine (Regulation of Import into India) Order, 2003; consignments must be inspected to verify absence of pests and diseases, and previous releases without quarantine referral have risked introduction of exotic pests and revenue loss.
Foreign Investment in Tier I and Tier II instruments issued by banks in India
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Foreign investment limits in bank capital instruments set with issuer compliance and reporting obligations.
Permission is granted for FIIs registered with SEBI and NRIs to subscribe to bank-issued Perpetual Debt instruments qualifying as Tier I capital and to debt instruments qualifying as upper Tier II capital, subject to class-specific investment ceilings (FIIs: aggregate 49% and 10% per FII for Tier I; NRIs: aggregate 24% and 5% per NRI for Tier I), adherence to SEBI and extant NRI debt policies for Tier II, issuer compliance at time of issue, and reporting and custodial daily reporting requirements to the Reserve Bank of India.
SEBI (Mutual Funds) (Amendment) Regulations, 2006 - GETF
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Gold Exchange Traded Funds restricted to investments in gold and specified gold instruments, with custody and liquidity rules governing deployment.
Gold exchange traded fund schemes are defined and authorised to invest primarily in gold or gold related instruments (as specified by the Board). Money raised under a Gold ETF must be invested only in gold or gold related instruments except as necessary for liquidity disclosed in the offer document; pending investment, funds may be placed in short-term deposits of scheduled commercial banks. Custody of gold assets may be held by a bank registered as a custodian. Recurring storage and handling expenses are permitted, and initial issue expenses are capped by regulation.
Clarifications relating to DEPB Schemes
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DEPB scheme eligibility clarified: imports during the notification gap may provisionally receive DEPB credit and valid older licences honoured.
Imports with bills of entry filed during the interval between DEPB notifications may provisionally receive DEPB credit, subject to licence validity and fulfillment of the controlling notification's conditions. DEPB licences referencing earlier notifications may still be used under the current notification provided the licence validly covers the imported goods and all notification conditions are met; licences issued under earlier open ended notifications may likewise be utilized where valid.
Amendments in Handbook of Procedures (Vol. I)
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Duty free import of spices limited to genuine value addition; export obligation must be fulfilled within a fixed short period.
Duty free import of spices under advance licence and EOU/SEZ provisions is limited to specified value addition processes such as crushing, grinding, sterilization or manufacture of oils and oleoresins and excludes simple cleaning, grading or re packing. Export obligation arising from such imports must be fulfilled within a prescribed short period measured from the date the first import consignment is cleared by customs, and EOU/SEZ units face an explicit minimum value addition requirement.
Retrospective levy of definitive Anti-Dumping Duty (ADD)
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Retrospective anti-dumping duty: final ADD may be collected for the interregnum when imposed from the provisional levy date.
The Law Ministry's view, endorsed by a tribunal, allows imposition of a final anti-dumping duty with retrospective effect from the date of provisional imposition, making duty payable for the intervening period after provisional duty lapsed; customs should collect the final duty on imposition and finalize pending assessments accordingly, while the existing rule requiring refund when final duty is lower remains operative.
External Commercial Borrowings (ECB) by Multi-State Co-operative Societies
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External commercial borrowings access for multi state co operative societies now allowed under approval route subject to solvency and audited financial compliance.
ECB by multi state co operative societies engaged in manufacturing are allowable under the Approval Route provided the society is financially solvent, submits an up to date audited balance sheet, and the proposal complies with all ECB parameters such as recognised lender, permitted end use, average maturity period and all in cost ceiling as specified in the ECB guidelines.
Modes of despatch of refunds in public issues
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Refund modes in public issues: electronic transfers permitted, with ECS mandated in specified centres and timing obligations for file transfer.
SEBI amended the DIP Guidelines to allow refunds by ECS, Direct Credit, RTGS and NEFT; applicants in specified RBI clearing house centres will receive refunds by ECS unless eligible for Direct Credit or RTGS. Registered bankers must coordinate with registrars to ensure electronic refund files are transmitted to the clearing system within the time prescribed in Clause 6.13.2.26 of the Guidelines.
Review of the eligibility criteria of stocks for derivatives trading especially on account of corporate restructuring
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Derivatives eligibility after corporate restructuring: exchanges must reintroduce near, middle and far month contracts if criteria met.
Exchanges may reintroduce derivatives on a post restructured company from its first trading day only if: futures and options on the pre restructured company previously traded; the pre restructured company met a market capitalisation threshold pre restructuring; the post restructured company is likely to be at least one third the size of the pre restructured company by revenues, assets, or analyst valuations in the exchange's view; and the restructuring does not create disqualifying characteristics (e.g., extremely low free float). If conditions are satisfied, exchanges shall introduce near, middle and far month contracts in the initial contract month; thereafter normal eligibility rules govern.
Modification of the Trading Member / FII / Mutual Fund position limits for stock based exchange traded derivative contracts
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Position limits for trading members and institutional investors updated to tighten combined and futures caps under SEBI rules.
SEBI revises position limits for Trading Members, FIIs and Mutual Funds in stock-based exchange traded derivatives: for stocks with MWPL at or above the specified threshold, combined futures and options positions are limited to 20% of MWPL or a fixed cap, with stock futures capped at 10% of MWPL or a lower fixed cap; for stocks below the threshold, combined positions are 20% of MWPL and futures positions capped at 20% of MWPL or a lower fixed cap. MWPL and client-level limits remain unchanged and monitoring follows existing SEBI procedures.
Amendments in Handbook of Procedures (Vol. I)
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Amendment to trade procedures updates Certificate of Origin issuer details and removes RBI approval requirement for IEC filings.
The Handbook of Procedures (Vol. I) amends Appendix 4C to modify the listed agency entry for issuance of Certificate of Origin (Non-Preferential) and deletes from the Aayaat Niryaat Form guidance the requirement for a self-certified copy of RBI approval where non-resident interest with repatriation benefits exists for IEC applications.
046 - 20-01-2006 VAT - Delhi
ARRANGEMENTS FOR RECEIPT AND MOVEMENT OF MONTHLY / QUARTERLY RETURNS IN JANUARY 2006
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VAT return filing arrangements centralise receipt and prioritise refund claims to ensure prompt data entry and tracking.
Centralised arrangements require designated Front Office counters and extension counters to accept and segregate monthly and quarterly VAT returns, with priority processing for quarterly returns claiming refunds. A colour-coded acknowledgement procedure (pink for refund; green for no-refund) with stamped, serialised portions ensures TIN entry and tracking. All returns must be manually received, bundled, indexed and data-entered at the Front Office; zonal in-charges are accountable for staffing, transport, supervision and forwarding to wards. Returns with incorrect TIN or technical faults are to be sent to the concerned ward for corrective action.
IPOs – ISINs to be activated after commencement of trading on the stock exchanges
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ISIN activation timing limited to trading commencement to prevent pre-listing transactions and protect investors.
Depositories must activate ISINs for IPO shares only on the date trading commences on stock exchanges to prevent pre-listing transactions. This procedural restriction on ISIN activation timing is issued under the powers of Section 11(1) of the SEBI Act to protect investors and to promote and regulate the securities market.

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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