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Circulars
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Attention of Trade is invited to the PN No.17/2005, DT. 07/06/2005 which has amended Para 4.7 of HBP (Vol.I) 2004-09
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Advance licence issuance based on self-declaration, but commodity exclusions and biotech NOC requirements govern eligibility.
The licensing authority may issue Advance licences based on applicant self-declaration and an undertaking when SION are not fixed, except for specified excluded imports (certain oils and oilseeds, cereals, high-duty spices and fruits/vegetables, pepper other than Light Black Pepper, and animal organs). Applications for perfumes, perfumery compounds and feed ingredients containing vitamins must use the alternative application route; biotechnology-related exports or imports require a No Objection Certificate from the Department of Biotechnology and the prescribed annexed declaration must be submitted.
In order to minimize the scope of deficiencies in the applications to be filed and therefore to reduce the delay in processing the applications, the exporters are requested to follow the guidelines given herein and submit their applications accordingly
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Eligibility documentation for export incentive schemes: streamlined checklist and certification requirements to expedite processing.
Guidance prescribes documentary and certification requirements for DFCE (2003-04) and Target Plus applications: duly signed Appendix 17 D with authorization evidence, banker certified statements of exports and realization, CA/CS/ICWA certificates with registration details, status holder and RCMC copies, group company disclosures where relevant, and Annexure 2 format for eligible exports and realization; Target Plus applications must follow DFCE submissions to permit base year turnover comparison, applications filed manually, and Zonal Committee/Export Facilitation Cell serve as points for hearings and clarifications.
Finance Act, 2005 : Changes in major head and challans-OLTAS
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Challan revisions for fringe benefit tax and banking cash transaction tax enable distinct payment codes and OLTAS updates.
Finance Act, 2005 added fringe benefit tax and banking cash transaction tax, requiring OLTAS and challan revisions. ITNS 280 remains for Major Heads 0020 and 0021 and must accept payments for non consecutive or block assessment periods. ITNS 281 continues for TDS/TCS with new three digit sub minor head codes under Section 206C for specified collection categories. ITNS 282 now includes Securities Transaction Tax as Major Head 0034 and Wealth Tax as Major Head 0032. A new ITNS 283 is created for Banking Cash Transaction Tax (Major Head 0036) and Fringe Benefit Tax (Major Head 0026) with minor heads for Advance, Self Assessment and Regular Assessment taxes. Banks must update OLTAS and notify branches.
Reimbursement of education cess paid on excise duty/terminal excise duty in case of supplies made under deemed exports
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Education cess reimbursement on excise duty eligible for drawback or terminal excise refund for deemed exports.
Reimbursement of education cess paid with excise duty or terminal excise duty is permitted for supplies treated as deemed exports made on or after 18.01.2005; reimbursement may be obtained through duty drawback or terminal excise duty refund mechanisms, subject to fulfillment of all eligibility conditions, documentary requirements and other provisions applicable to deemed exports under the Foreign Trade Policy.
Conversion of loan of precious metals taken from the nominated agencies into outright purchase
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Conversion of loaned precious metals into outright purchase permitted within export period, subject to payment of interest and policy compliance.
Conversion of loaned gold, silver or platinum obtained from nominated agencies into outright purchase is permitted within the original stipulated export period for EOU/SEZ units and is conditional upon payment of interest up to conversion; after conversion normal EOU/SEZ policy governs utilization of the precious metals and export of jewellery unless otherwise specified.
SEBI (Central Database of Market Participants) Regulations, 2003
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Unique Identification Number suspension halts new UIN registrations and quoting requirement pending regulatory review, affecting market intermediaries.
SEBI has suspended all fresh registrations for Unique Identification Numbers and the requirement to obtain or quote UIN under the MAPIN Regulations and related circulars pending finalisation of a Committee report, and has directed stock exchanges and depositories to notify their members and publish the circular on their websites; the action is taken under Section 11(1) of the SEBI Act for investor protection and market regulation.
Classification of Mobile Pen/Pen Drive
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Essential character test classifies mobile pen/pen drive as storage unit, treating bundled software as ADP-installed per international precedent.
Applying the essential character criterion and relevant Harmonized System precedent, the driver software is installed in the ADP machine and not in the device, so the storage+drive functions of the combined pen/USB flash device impart its essential character; accordingly the complete set is classifiable as a storage unit rather than as a pen or independent storage media.
Newsprint Control (Amendment) Order, 2005
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Newsprint control amendment adds an indigenous manufacturer entry, expanding coverage under the Newsprint Control Order.
Amends the Newsprint Control Order, 2004 by adding M/s. Delta Paper Mills Limited, Vendra Palakoderu Mandal, District West Godavari, Andhra Pradesh as Sl. No. 76 in the Schedule of indigenous newsprint manufacturers under the authority of Section 18G of the Industries (Development and Regulation) Act, 1951; the Newsprint Control (Amendment) Order, 2005 takes effect on publication in the Official Gazette.
Sankrail Jetty, Howrah notified Customs area for loading dry fly ash for export to Bangladesh
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Customs area designation for loading dry fly ash for export; hazardous-category ash is prohibited and compliance is required.
Designation of a 1020 square foot portion of Sankrail Jetty, Howrah as a Customs Area under Section 8 of the Customs Act for loading dry fly ash into inland vessels/barges for riverine export to Bangladesh, with specified boundaries and mandatory maintenance of fencing and security; exporters must ensure exported material is not the hazardous-waste category barred from export and must comply with the formalities required under the hazardous-waste rules before exportation.
Import of Crude Edible Oils against export of refined edible oils under Para 4.7 of Handbook of Procedures
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Advance licence import of crude edible oils allowed against export of refined edible oils subject to prior export condition.
Advance licences under Para 4.7 may be issued for import of crude edible oils against export of refined edible oils with a prior export condition, and must carry a no-import endorsement that can be deleted only after an export obligation discharge certificate is issued; ALC fixation of norms procedure applies.
Order under section 119(2)(a) of the Income-tax Act, 1961 regarding extension of due date for electronic filing of annual return for tax deduction at source for financial year 2004-05 by Government deductors
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Extension of TDS annual return filing deadline for government deductors; other deductors' deadline remains unchanged.
The Board exercised statutory power to extend the electronic filing due date of the annual TDS return for offices of Government under the proviso to the TDS provisions, while maintaining the original filing deadline for other assessees/deductors; the extension applies solely to Government deductors as an administrative directive.
Forwarding of Supreme Court Order dated 8/02/2005 in Civil Appeal No. 8580 of 2003
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Application of precedent directs that prior excise decision governs similar assessment disputes, resulting in appellate alignment.
The circular forwards a signed appellate order applying a prior precedent to a central excise assessment dispute between the Commissioner and M/s Unistar, stating the appeal was allowed in terms of the earlier Collector of Central Excise v. L.M.P. Precision Engg. judgment and that the issue is governed by that precedent.
Registration procedure that is being followed for import of all types of approved and unapproved drugs under the Advance Licensing Scheme
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Import source compliance: unregistered raw materials cannot be regularized if export obligation is not fulfilled; re-export or alternate export required.
Advance Licence holders must source imported inputs from registered suppliers when procuring from local manufacturers; exemptions allowing imports from unregistered suppliers may be withdrawn and such licences then follow normal validity and export obligation rules. Unregistered raw material imports cannot be regularized if export obligations are unmet and cannot be diverted domestically; licence holders may either use such imports for other export products or re-export the identical material, subject to customs verification, and must pay any composition fee if export obligation periods require extension.
Re-assignment of 8 digit Codes of ITC(HS) to the Scheduled Chemicals of CWC
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Export controls on scheduled chemicals: exports require IMWG approval under Appendix 3 and cannot use Advance Licence schemes.
The circular reassigns eight digit ITC(HS) codes for CWC Scheduled Chemicals and prescribes export/import controls: Schedule 2 exports require compliance with Appendix 3 and IMWG approval and are not allowed under Advance Licence or export promotion schemes; Schedule 2 imports are freely allowed except from specified countries in Annexure C. Schedule 3 chemicals have new codes; their imports are freely allowed, while exports to countries in Annexure C require an export licence after IMWG consideration and not under Advance Licence. Annexures list codes and states.
Filing of returns of Tax Deduction at Source and Tax Collection at Source on Computer Media for deductions/collections up to 31st March, 2005
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Mandatory electronic filing of TDS/TCS returns requires specified forms, TAN, prescribed data structure and control totals compliance.
Mandatory electronic filing is required for returns of Tax Deduction at Source and Tax Collection at Source for the period up to 31st March, 2005 under notified schemes. Electronic returns must be accompanied by duly completed Form 27A or 27B in paper, include the deductor/collector's TAN, accurate bank deposit particulars, conform to the e-filing Administrator's data structure, and reconcile control totals for amounts paid and tax deducted/collected. Corrupted or non conforming computer media will be returned for correction and resubmission.
Amendments in Aayaat Niryaat Form
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Amendments to Aayaat Niryaat Form require chartered accountant certification, revise turnover fields, and allow self attested shipping bill copies.
The Aayaat Niryaat Form is amended to replace a self certified income tax balance sheet with certification by a Chartered Accountant/Cost and Works Accountant in Appendix 26; permit self attested photocopies of EP Shipping Bill(s) and/or Bank Realisation Certificates with quoted Regional Licensing Authority reference where originals were submitted for other schemes; delete PAN date of issue and Excise Payment Details from Part 1; and narrow turnover reporting to annual domestic and export turnover for the preceding three licensing years.
Deemed export benefits on supplies made to projects financed by multilateral or bilateral agencies/funds covered under para 8.2(d) of Foreign Trade Policy
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Deemed export refund entitlement preserved for Appendix-13 financed projects, independent of countervailing duty payable on import.
Supplies to projects financed by agencies/funds listed in Appendix-13 will continue to receive refund of excise duty without relating the refund to whether countervailing duty is payable on import, provided all Foreign Trade Policy eligibility and procedural conditions for such projects are met; supplies satisfying CBEC notification conditions remain exempt from excise duty. Cases rejected earlier on the basis of the prior CVD-related stipulation may be re-opened suo-moto and reconsidered.
Booking and Cancellation of Forward Contracts
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Forward contract cancellation and rebooking allowed for resident current account hedges, subject to exposure reporting and specified exceptions.
All forward contracts booked by residents to hedge current account transactions may be cancelled and rebooked freely regardless of tenor, subject to annual submission of corporate-wise foreign currency exposure details as of April 1; exclusions apply to forwards booked on past performance without documents and to forwards for transactions denominated in foreign currency but settled in Indian Rupees.
Botanical Garden Jetty declared Customs area for loading of fly ash, gypsum and granulated slag for export to Bangladesh
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Customs area declaration permits specified jetty use for export loading of ash, gypsum and slag via riverine route.
The Commissioner of Customs, relying on statutory authority, designated a 996 square metre portion of Botanical Garden Jetty at Shibpur as a Customs Area for a limited period to permit loading of fly ash, gypsum and granulated slag for export to Bangladesh by riverine route, limited to the stated commodities and subject to the schedule of site boundaries; the Inland Waterways Authority is directed to maintain existing fencing and proper security of the area.
Correction in the Schedule of DEPB rates
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DEPB rate correction: specified product rate revised under Foreign Trade Policy to a corrected administrative rate.
Correction to the Schedule of Differential Export Promotion Bonus (DEPB) rates is made under paragraph 2.4 of the Foreign Trade Policy, 2004-09 by Public Notice No. 23/2005, dated 20 June 2005, specifying a corrected DEPB rate entry for the identified product code in the published schedule.

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Issuance of IEC Number to a Branch Office in India of a Foreign Company

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IEC issuance for branch offices requires regulatory establishment permission and specific import/export authorisation before licensing application.
A branch office of a foreign company may be issued an IEC number only if the branch was opened in India with prior regulatory establishment permission ... Summary

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Acts Income Tax