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Circulars
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Simplified Handling of Mishandled Baggage
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Simplified handling of mishandled baggage allows airlines to clear and deliver passenger baggage subject to specified documentary and liability conditions.
Airlines at Trivandrum International Airport may clear passengers' mishandled baggage if the passenger provides the original Landing Certificate or PIR, a signed authorization (Annexure A), an itemised list of contents with quantities or values, and relevant passport copies; the airline must produce an airline authorization (Annexure B), undertake payment of assessed Customs duty and indemnify Customs, while all statutory restrictions and seizure provisions remain applicable and the facility excludes Transfer of Residence claims and specified sensitive ports.
Levy & collection of stamp duty on Delivery orders in respect Of goods - Article 24, Karnataka Stamp Schedule - Reg.
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Delivery orders levied stamp duty under Article 24 at prescribed rates; collection effective 1 July 2013.
Stamp duty is leviable on delivery orders under Article 24 of the Karnataka Stamp Schedule. A delivery order is an instrument enabling a person, assignee or holder to obtain delivery of goods stored in docks, ports, warehouses or wharves and signed by or for the owner upon sale or transfer of property. Collection of the prescribed stamp duty on such instruments commenced on 01.07.2013.
Customs Duty Exemption for Import of Ash Handling Systems, Water Treatment Plant and Coal Transportation Facilities etc. Required for Ultra-Mega/ Mega Power Projects under Heading 9801(Project Imports)-Clarification -Reg.
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Customs duty exemption for ash handling, water treatment and coal transport imports for mega power projects regardless of plant boundary.
Goods required for development of ash disposal systems (including ash dyke), water intake including treatment and storage facilities, and coal transportation facilities for ultra-mega/mega power projects are eligible for customs duty exemption under project imports, notwithstanding that such facilities may be set up inside or outside the power plant's designated boundary.
Procedure for obtaining Central Declaration Form online
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Central statutory forms online now require electronic requisition and ward approval, with manual issuance discontinued.
Electronic issuance of Central Statutory forms for earlier years requires dealers to enter party-, item- and bill-wise purchase details on the departmental portal, submit requisitions which accumulate saved entries, and obtain ward VATO approval; VTAs must verify up-to-date returns, absence of unstayed dues, and that purchased items are allowed in the dealer's Central R.C., with manual issuance discontinued and approvals processed via software within three working days.
Review of the policy on Foreign Direct Investment (FDI)-Caps and routes in various sectors
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FDI caps and entry routes updated to expand automatic entry for many sectors while reserving government review for higher inflows.
Revision of sectoral FDI caps and entry routes shifts many sectors to automatic entry up to specified thresholds with government approval required beyond those thresholds; it deletes certain compulsory divestment and test-marketing provisions, consolidates telecom service categories under licensing and security compliance, tightens defence-sector procedural and investor-type restrictions while enabling escalated review for access to modern technology, and raises ceilings or alters routes for asset reconstruction, credit information and other market infrastructure subject to regulatory oversight and prescribed filing channels.
Review of the policy on foreign direct investment in the Multi-Brand Retail Trading Sector-amendment of paragraph 6.2.16.5 (iii), (iv) and (vi) of Circular 1 of 2013-Consolidated FDI Policy
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FDI conditions for multi brand retail: backend investment, required domestic sourcing from MSMEs, and revised outlet location rules take immediate effect.
At least 50% of total FDI in the first tranche of US$100 million must be invested in backend infrastructure within three years; at least 30% of procurement value of manufactured/processed goods must be sourced from Indian micro, small and medium enterprises with plant and machinery investment not exceeding US$2.00 million (SME status fixed at first engagement and cooperatives included), measured as a five year average initially and annually thereafter; retail outlets are limited to cities over 10 lakh population or other cities as allowed by State Governments, covering up to 10 km around municipal/urban agglomerations and conforming to Master/Zonal Plans.
Amendment of the existing policy on Foreign Direct Investment - definition of the term “control”, for calculation of total foreign investment i.e. direct and indirect foreign investment, in Indian companies
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Control definition expanded to include management, shareholding and agreement-based rights, affecting calculation of foreign investment.
The term control for calculating total foreign investment is expanded to include the right to appoint a majority of directors or to control management or policy decisions by virtue of shareholding, management rights, shareholders agreements or voting agreements, replacing the earlier definition limited to appointment power; the amendment takes immediate effect.
Arrangements for receipt and movement of quarterly returns for quarter ending 30-06-2013.
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Filing of quarterly VAT returns: front-office submission required and online filing prerequisite enforced for acceptance by authorities for taxpayers
Taxpayers who have filed quarterly VAT returns electronically must submit printed hard copies at designated front-office extension counters; only returns filed online will be accepted and manual returns not filed online are prohibited. Zonal and ward in-charges must arrange floor-wise staffing, manage issuance and return of date-and-numbering stamps, and ensure logistics support for front-office operations, with copies of the directive circulated to relevant VAT officials and stakeholders for implementation.
Amendment made in the Income-tax Act by the Finance Act, 2012 in respect of prosecution proceeding under the Act
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Monetary threshold increase narrows prosecution triggers, tightening imprisonment and fine eligibility under specified income tax offences.
Finance Act, 2012 raised the monetary threshold for initiating prosecution under Chapter XXII of the Income tax Act for offences including wilful tax evasion, failure to furnish returns, false verification statements, and abetment of false returns; where the enhanced threshold is exceeded the offences attract rigorous imprisonment (minimum six months, up to seven years) and fine. The amendment is effective from 01.07.2012 and the Prosecution Manual, 2009 should be updated to reflect this and related legislative changes.
Filling up of the post of Joint Development Commissioner ( JDC) in SEEPZ SEZ Mumbai.
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Filling of Joint Development Commissioner post in SEEPZ SEZ Mumbai on deputation with age relaxation for internal candidates.
The Department invites internal applications for deputation to the post of Joint Development Commissioner, SEEPZ SEZ Mumbai, with a one-time relaxation of the maximum age limit for internal candidates who otherwise meet the vacancy circular's eligibility; applications must follow the 20 December 2012 vacancy circular's qualifications, pay scale (Pay Band-3, Grade Pay Rs. 7,600), deputation terms, and documentary requirements, and be received by 30 September 2013.
Investments by Non-resident Indians (NRIs) under Portfolio Investment Scheme (PIS) Liberalisation of Policy
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Portfolio Investment Scheme liberalisation allows authorised dealer bank branches to administer PIS subject to reporting, sectoral exclusions and compliance.
Authorised dealer banks may permit their branches to administer NRI investments under the Portfolio Investment Scheme while allotting a single Unique Code to the bank's designated link office; the link office must be furnished to the Reserve Bank in advance and must report all PIS transactions daily via the Online Report Filing System in form LEC (NRI). Banks must apply scheme terms, enforce sectoral investment exclusions specified under FEMA, ensure compliance with AD and EC.CO.FID circulars and other FEMA requirements, and note the derecognition of Overseas Corporate Bodies as eligible investors.
Implementation of system with support of CLRI to improve inspection of export of finished leather consignments
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Finished leather inspection protocol mandates provisional assessment and laboratory testing before finalising export consignments, with duty on non compliance.
Consignments declared as finished leather will be examined with CLRI officials present; samples drawn by customs in CLRI presence will be sent to CLRI for testing and shipping bills will be provisionally assessed pending results. Exporters must execute a provisional bond, pay testing charges to CLRI, and present goods for sampling; CLRI will forward test results to the deputy commissioner and, if confirmed as finished leather, the shipping bill will be finalised and the bond closed, otherwise export duty and further action will follow.
Testing of software used in or related to Trading and Risk Management
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Software testing requirements for trading systems mandate mandatory exchange testing, auditor certification, approval and non-discriminatory API sharing.
Stock exchanges must implement a mandatory testing framework for trading and risk management software including simulated test environments, regular mock trading sessions with mandatory participation by all algo-enabled user-ids, and User Acceptance Testing; brokers must obtain system auditor certification of tests, seek exchange approval with required documentation prior to deployment, ensure auditors are certified and conflict-free, provide undertakings accepting liability for non-compliance, and exchanges must share APIs non-discriminatorily, enforce penalties for malfunctions and adopt necessary bye-law amendments.
Implementation of system with support of CLRI to improve inspection of export of finished leather consignments
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Finished leather inspection: consignments subject to CLRI testing and provisional assessment, non-compliance attracts export duty and action.
Consignments declared as finished leather will be provisionally assessed pending laboratory test results: samples are drawn under Customs supervision, documented via triplicate test memos and a register, and sent to a designated technical laboratory; exporters must execute a provisional bond (simplified for registered exporters, additional security for others) and pay testing charges; compliance confirmed by test report leads to finalisation and bond closure, while non compliance attracts export duty and further legal action.
Foreign Investments in Asset Reconstruction Companies (ARC)
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Foreign investment limits in asset reconstruction companies increased, with sponsor and FII ownership caps and SR investment conditions revised.
The amendments raise the combined foreign investment ceiling in Asset Reconstruction Companies, impose a sponsor shareholding cap preventing any sponsor from holding more than half the equity directly or via foreign routing, allow FIIs to invest in ARC equity subject to an individual FII shareholding cap, and permit FII investment in Security Receipts up to the combined foreign limit while requiring compliance with FII corporate bond limits and sectoral caps under the FDI regulatory framework.
REGARDING AUDIT OF DEALERS
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VAT audit prioritisation: Ward authorities to finish ongoing audits for the specified year before initiating others.
Ward assessing authorities must first complete VAT audit proceedings already initiated for the 2011-12 year before taking up audits for other years; subsequent audits may be scheduled later in line with the department's risk-profile based audit selection framework and prior circular guidance, and the instruction is issued with the Commissioner's approval and circulated for departmental implementation.
Circulation of the published notifications of the Agreement between the Government of the Republic of India and the Government of the Oriental Republic of Uruguay for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to taxes on income and on capital in the Gazette of India (extraordinary)- reg.
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Avoidance of Double Taxation Agreement published; provisions will take effect in India from the specified fiscal year.
The Agreement between India and Uruguay for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion was published in the Gazette and a copy of the notification is circulated; all provisions of the Agreement relating to taxes on income and on capital shall be given effect to in the Union of India from the beginning of the specified fiscal year, with directions for departmental circulation and website upload of the notification and enclosed Agreement text.
Regarrding the amount of bond and bank guarantee and insurance under Regulation 5(1)(iii) of HCCAR, 2009.
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Insurance for customs-area cargo tied to average stored-goods value, with carrier bond validity standardized to reduce procedural burden.
The amount of insurance required of CCSPs must equal the average value of goods likely to be stored in the customs area for a 30-day period based on projected capacity, subject to Commissioner discretion regarding goods already insured; carrier bonds executed by CCSPs shall have a validity period of two years or five years as applicable.
A special drive to liquidate the pendency of provisional assessments on account of P. D. Bonds, Test Bonds, End use Bonds, etc.
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Provisional assessment bond clearance drive expedites finalisation and cancellation with strict submission and reply deadlines.
The notice mandates a time bound administrative drive to finalise or cancel provisional assessments for P.D., Test and End Use Bonds pending over six months; importers and brokers must submit required documents to the concerned Dy./Asstt. Commissioners, who will raise discrepancies within six days, require replies within five days, and verify and cancel the bond within two days.
Exim Bank's Line of Credit of USD 41.60 million to the Government of the Union of Comoros
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Line of credit terms impose sourcing, documentation and disbursement timelines for Exim Bank-supported project and supply contracts.
Exim Bank's Line of Credit finances eligible Indian goods, services, machinery, equipment and consultancy for an 18 MW power project in Comoros, requiring at least 75% of contract value to be supplied from India and permitting up to 25% procurement from abroad; shipments must be declared on GR/SDF forms, Letters of Credit and disbursement must meet specified timelines for project and supply contracts, no agency commission is payable under the LOC though exporters may use their own or EEFC funds subject to AD Category I bank compliance, and these directions are issued under FEMA without prejudice to other statutory approvals.

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Regarrding the amount of bond and bank guarantee and insurance under Regulation 5(1)(iii) of HCCAR, 2009.

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Insurance for customs-area cargo tied to average stored-goods value, with carrier bond validity standardized to reduce procedural burden.
The amount of insurance required of CCSPs must equal the average value of goods likely to be stored in the customs area for a 30-day period based on ... Summary

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Acts Income Tax