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Format of ANF 3F (for Incremental Export Incentivisation Scheme)
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Incremental Export Incentivisation Scheme: ANF 3F required to claim entitlement based on verified incremental exports and CA certification.
ANF 3F is prescribed as the mandatory application form to claim benefits under the Incremental Export Incentivisation Scheme for exports in Jan-Mar 2013 vis-a -vis Jan-Mar 2012. The form requires export performance figures for both periods, computation of incremental growth and entitlement, port of registration, and split-certificate requests. Applications must be accompanied by a Chartered Accountant certificate verifying shipping bills, Let Export and BRC details, eligible destinations, proof of landing, and annexed shipment-level data as specified in the Handbook of Procedures.
CENTRALIZED REGISTRATION
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Centralized Registration requires online ST 1 filing and timely submission of supporting documents or the application may be rejected.
Centralized registration requires online filing of Form ST 1 and submission of the printed application with specified documents to the Divisional Deputy/Assistant Commissioner within fifteen days, failing which the application may be rejected. After grant, prior single registrations must be surrendered and the Range Superintendent notified within two months, with CENVAT credit balances at branches reported within fifteen days. Until formal communication of centralized registration, service tax payments and compliance must continue at each branch.
FDI in India - Issue of equity shares under the FDI scheme allowed under the Government route against pre-operative/pre-incorporation expenses
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FDI payment via investor bank account allowed, enabling equity issuance under government route against pre operational expenses.
FDI under the Government route may fund equity or preference shares against pre operative/pre incorporation expenses. Condition (c) is amended to allow payments by the foreign investor either directly to the company or through a bank account opened by the foreign investor as provided under FEMA Regulations; other conditions remain unchanged.
Regarding certain issues relating to difficulties being faced in availing/extending exemption relating to the Oil Exploration Sector
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Duty-free import exemption for oil exploration - transfers between eligible projects allowed with safeguards and no re-export bond.
Clarification permits transfer of imported goods between eligible oil exploration projects under notification No.12/2012-Customs subject to safeguards; execution of a re-export bond at clearance is not required, only an undertaking; individual constituents of a consortium may import if named as importer on the Essentiality Certificate issued by DG, Hydrocarbons; non-mention of a sub-contractor in the original GOI-contractor agreement does not bar exemption if the EC names the sub-contractor and bona fides are established.
Regarding Classification of the machines commercially referred to as "Tablet Computers"
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Classification of Tablet Computers as automatic data processing machines affects tariff treatment and import classification.
Tablet computers, principally touchscreen-operated and user-programmable, meet the functional criteria of an automatic data processing machine-including data storage for program execution, user programmability, performance of user-specified computations, and autonomous program execution-and, under the General Rules for Interpretation and relevant Chapter and Section Notes, should be classified according to the component performing the principal function as automatic data processing machines for tariff purposes.
SEBI Circular No. CIR/CFD/DIL/3/2013 dated January 17, 2013 - Amendments to SEBI (Employee Stock Option Scheme and Employee Stock Purchase Scheme) Guidelines, 1999 and Equity Listing Agreement- Clarification
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Compliance requirement for employee benefit schemes: align with SEBI guidelines and restrict secondary market acquisitions, with disclosure duties.
All employee benefit schemes involving a company's securities must comply with SEBI (ESOS and ESPS) Guidelines, 1999 and the Equity Listing Agreement; schemes set up, managed, controlled or financed by the company fall within scope. Acquisition of company securities from the secondary market for ESOS/ESPS is prohibited. The compliance deadline for aligning existing schemes has been extended; trusts that acquired securities from the secondary market before the amendment may continue to hold them only if schemes are aligned and securities are used in accordance with those aligned schemes. Listed companies must make specified disclosures to stock exchanges in prescribed formats.
Regarding The Service Tax Voluntary Compliance Encouragement Scheme-clarifications
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Voluntary Compliance Encouragement Scheme allows regularisation of service tax dues with immunity from penalties and other proceedings.
The VCES permits persons with service tax dues to declare and regularise liabilities provided they hold or obtain service tax registration; declarations attract interest but grant immunity from penalties and other proceedings under the Finance Act for declared dues. Tax dues already covered by a show cause notice or order of determination, or arising from the same issue for subsequent periods, are excluded. Rejection under section 106(2)(a)(iii) is confined to cases where an inquiry was formally initiated by requisition of accounts, documents or evidence under statutory provisions and was pending on the cutoff date; general informational communications do not invoke this exclusion.
Import of Gold by Nominated Banks/Agencies
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Restriction on consignment import of gold limited to genuine needs of jewellery exporters under FEMA; immediate compliance required.
Nominated banks and authorised dealers must restrict import of gold on consignment basis to meeting the genuine needs of exporters of gold jewellery; this alignment with other import regulations follows the Working Group on Gold's recommendations, takes effect immediately, and leaves all other gold import instructions unchanged under the Foreign Exchange Management Act, 1999.
Facility for submission of documents etc. related to more than three files at the counter.
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Document submission facility expanded to accept multiple files; staggered call dates instituted to manage processing and reduce exporter visits.
The counter shall accept all documents an exporter brings even if they relate to more than three files, to facilitate trade and reduce transaction costs. To enable proper processing, the counter will give staggered call dates in sets of three files per party so sections can process files in manageable batches.
Communication of Government of India Order - Service Tax- extension of time to file in form ST-3
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Extension of service tax return filing deadline allows additional time to submit Form ST-3; ACES availability indicated.
The Government ordered an extension of the filing deadline for Form ST-3 for the stated service tax period, postponing the original due date and permitting additional time to file; the electronic Form ST-3 is expected to be made available on the ACES portal before the extended deadline, and the trade notice informs stakeholders to consult the official order on the department website.
Format for seeking clarifications on the FDI policy issues
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FDI clarification format required; requests lacking complete annexed particulars for proposed investments will not be processed.
Departmental direction that only clarification requests on FDI policy submitted with complete particulars in the annexed format will be processed. The annex requires investor and investee identities and contacts, incorporation and business details, copy of MoA, proposed investment amount and foreign shareholding (pre/post), sector and NIC code, a concise gist of proposed activity, the policy paragraph for clarification, a brief issue statement, prior approval details with copies, and any other relevant information, signed by an authorised signatory.
Attention of all concerned is invited to Ministry of Finance Notification No. 104/94-Cus. dated 16.03.1994, as amended by Notification No. 101/95-Cus. dated 26.05.1995, and Board’s Circular No. 31/2005-Cus. dated 25.07.2005.
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Duty-free import of temperature controlled containers allowed under bond, subject to re-export, recordkeeping and customs reporting requirements.
Duty free importation of durable pallets and temperature controlled cool containers (ULDs) is permitted at the Air Cargo Complex, Sahar, Mumbai, provided the importer executes a Continuity Bond covering estimated duty, re exports the containers within six months and submits Customs certified re export evidence within seven days; the bond is valid for one year and extendable. Airlines/authorised representatives must obtain permission to move containers out of the complex, record container serial numbers in IGM/EGM, submit flight wise certified details and a monthly statement to the Container Cell by the 7th of each month, and maintain separate records of imported, re exported and pending containers.
Customs - Issue of Export Certificate to frequently travelling International passengers - reg.
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Export certificate issuance: emailed and downloaded forms accepted for frequent international travelers, with in person verification before certification.
Permits frequent international passengers to email a completed Export Certificate form to a specified airport address and present a printed triplicate at departure; the AC/DC must monitor the mailbox and ensure printed copies reach the Departure Counter. Customs Officers must verify goods against the form's identifying particulars before issuing the Export Certificate. Documentary proof of value must be checked for high value electronics and invoices or valuation certificates scrutinized for precious metal or gem studded jewellery. The Superintendent issues the certificate after countersignature by the Assistant/Deputy Commissioner, with the facility supplementary to existing options.
DVAT 51 reconciliation return Qtr 1 to 4 of 2011-12 extended to 27/05/2013
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Extension of filing deadline for DVAT-51 reconciliation and original declaration forms for 2011 12 quarters notified.
The Commissioner extends the statutory time limit for furnishing the reconciliation return in Form DVAT 51 and the original portions of declaration forms C, E I/E II, F, I, J and H, citing relevant sub rules of the Delhi VAT Rules and Central Sales Tax rules; the extension applies to all four quarterly periods and aligns Form CD 1 online reporting with the extended submission date.
Customs - Issue of Export Certificate to frequently travelling International passengers - reg.
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Export certificate issuance streamlined: travelers may email completed form before departure and present originals at airport.
Export Certificates for high value personal property can be obtained at the Commissionerate office or at the international airport; existing issuance options remain available. A printable certificate format is available on the Commissionerate website and may be downloaded, completed and e mailed to the designated address at least twenty four hours before departure with flight details; passengers must carry triplicate hard copies to present at the airport counter.
Regarding classification of Filters referred to as “Disposable Sterilized Dialyzer” and “Microbarrier”: for filtering blood”
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Classification of medical filters: disposable dialyzers and microbarriers classed as filters under filtering machinery, not as renal dialysis equipment.
The Disposable Sterilized Dialyzer and the Microbarrier, though used in blood purifying systems, are filtering elements that in themselves constitute articles of the heading for filtering or purifying machinery for liquids; therefore, by application of GRI 1 and the Chapter Note on parts and accessories, they are classifiable as filters in the appropriate heading for filtering apparatus and not as complete renal dialysis equipment.
Quick disposal of Drawback Claims - Reg.
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Drawback claim processing: unanswered departmental queries will lead to officer decision after the reply period to prevent backlog.
Where departmental queries to exporters remain un-replied for 14 days or more, the Proper Officer shall process and decide drawback claims on the basis of available records without further reference to the exporters; all claims currently pending will be decided similarly if requisite replies are not furnished within the stipulated period.
Circulation of the published Notifications of an Agreement between the Government of Republic of India and the Government of Gibraltar for exchange of information with respect to taxes in the Gazette of India (Extra ordinary)-reg.
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Exchange of tax information: Agreement provisions effective in India; notification published and circulated for implementation.
The Department circulates the Notification of the Agreement between the Republic of India and Gibraltar on exchange of information with respect to taxes, published in the Gazette and enclosed; instructs dissemination to specified tax administration units and requests placement on the Departmental website. All provisions of the Agreement are to be given effect within the Union of India from the Agreement's effective date to enable implementation of its information-exchange mechanisms.
Cases before the Settlement Commission: Full and True disclosure of Income u/s 245C and Immunity u/s 245H
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Full and true disclosure before the Settlement Commission underpins entitlement to immunity in settlement proceedings.
Full and true disclosure of income before the Settlement Commission is the operative predicate for claiming immunity under the settlement provisions; the CBDT has issued administrative guidance emphasising that immunity is contingent on satisfying the full and true disclosure requirement and directing consistent application of disclosure and immunity criteria by field formations.
Post Budget changes for 2013-2014 — Clarifications
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Customs duty exemption for LNG imports extended to specified public undertakings subject to conditional supply to power generators.
Notifications dated 8-5-2013 amend excise and customs schedules to implement targeted excise duty reductions and exemptions (including jaggery powder, bamboo products, clay bricks, particle/fibre board and conditional steel supply to shipyards) and to modify basic customs duty and exemptions (including LNG/NG exemption for specified PSUs subject to conditions, increased duties on titanium dioxide and certain polymers, imposition of duty on metal scraps, and withdrawal of special CVD exemption on brass scrap).

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Taxability of goods involved in Horticulture contracts

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VAT on goods in works contracts applies even where goods are schedule-exempt; declared goods retain separate statutory treatment.
A composite horticulture agreement constituting a works contract triggers VAT on the transfer of property in goods involved in execution of that contract; ... Summary

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Acts Income Tax