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Circulars
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Re-crediting Bond value in online running bond at destination Air Cargo Complex
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Re-crediting of bond value must be ensured promptly at destination air cargo complexes to prevent delays in transshipment processing.
Re-crediting of bond value for transshipped cargo in the ICES transshipment module is to be performed promptly at the destination Air Cargo Complex; the module debits the online running bond when bonded trucks move between air cargo complexes, and reported delays in re-crediting at destination complexes must be remedied to ensure timely restoration of the online running bond balance.
Imposition of Central Excise duty on jewellery Constitution of sub-committee of the High Level Committee
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Imposition of central excise duty on jewellery prompts sub committee to define compliance procedures and stakeholder consultations.
A Sub Committee is constituted to examine the imposition of Central Excise duty on jewellery, naming a chair and four members with trade representatives to be decided in consultation with the Chair. Its terms of reference include defining compliance procedures, records to be maintained, operating procedures and other relevant implementation issues. Associations may submit written representations and all India associations may appear in person; communications are to be sent to the High Level Committee office or the specified e mail.
Issue and Pricing of shares by Private Sector Banks, Directions, 2016
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Issue and pricing permissions for private sector bank share issuances require statutory compliance and prescribed pricing methods.
The Directions grant general permission to private sector banks to issue shares by public issues, private placements, rights issues and bonus issues, subject to compliance with FEMA, foreign investment policy, SEBI guidelines and the Companies Act; corporate approvals must be obtained. Pricing must follow SEBI formula for listed banks and Companies Act rules for unlisted banks. Allotments triggering threshold holdings require prior regulatory approval and post-allotment reporting of issue details, allottee names and post-allotment shareholding to the regulator in the prescribed format.
Amalgamation of Private Sector Banks, Directions, 2016
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Bank amalgamation rules: RBI requires board and shareholder approvals, independent valuations, and safeguards for capital and dissenting shareholders.
These Directions establish the Reserve Bank's framework for voluntary amalgamation of private sector banks and NBFC bank amalgamations, requiring board approval by a two thirds majority of total board membership, shareholder approval by two thirds in value of votes cast, comprehensive due diligence, independent valuation and fair swap ratios, submission of detailed financials and valuer reports, scrutiny of capital adequacy and shareholding concentration, prior Reserve Bank sanction for NBFC amalgamations before Tribunal submission, and provision for dissenting shareholders to claim value as determined by the Reserve Bank.
Guidelines on Investment Advisory Services offered by Banks21/04/2016
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Investment Advisory Services must be offered through arm's-length SEBI-registered subsidiaries, not departmentally, ensuring regulatory compliance.
Banks are prohibited from providing Investment Advisory Services departmentally; such services must be offered only through a separate subsidiary or an existing subsidiary maintained at arm's length. Sponsor banks must obtain prior regulatory approval before using or creating a subsidiary for this purpose, and all bank sponsored subsidiaries offering investment advice must register with SEBI and comply with SEBI (Investment Advisors) Regulations while restricting advice to products banks are permitted to deal in and adhering to applicable KYC/AML/CFT requirements.
Electronic book mechanism for issuance of debt securities on private placement basis
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Electronic book mechanism mandatory for large private debt placements to ensure transparent price discovery and standardised disclosures.
Electronic book mechanism is required for large private placements of debt securities to standardise issuance and improve transparency; recognized stock exchanges may act as Electronic Book Providers after SEBI approval and meeting eligibility conditions (online bidding portal, infrastructure, disaster recovery, data security, periodic CISA audit). Participants are categorised with specified KYC responsibilities, issuers must make prescribed PPM disclosures and contract with EBPs, and detailed pre-bid, bidding and post-bid procedures govern enrolment, bid submission, issuer acceptance, allotment and public disclosure of aggregate anonymous bidding and allotment data.
Foreign Investment in units issued by Real Estate Investment Trusts, Infrastructure Investment Trusts and Alternative Investment Funds governed by SEBI regulations
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Foreign investment in REIT, InvIT and AIF units permitted, subject to downstream sectoral caps and reporting obligations.
Foreign investment is permitted in units of SEBI regulated Investment Vehicles - REITs, InvITs and AIFs - with acquisition by persons resident outside India allowed by inward remittance through normal banking channels; transfers, sales or redemptions follow SEBI regulations and RBI directions. Downstream investment is treated as foreign where Sponsor, Manager or Investment Manager is not Indian owned and controlled, and such downstream investment must comply with sectoral caps, FDI policy and applicable provisions for LLPs. REIT units are excluded from the prohibition on "real estate business" for the Principal Regulations. Reporting to RBI or SEBI is required.
Implementation of the Track and Trace system for export of Pharmaceuticals and drug consignments.
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Track and Trace: exporters may follow importing country mandates and seek barcode exemption via Pharmexcil, subject to tertiary packaging barcode rule.
Exporters may follow an importing country's mandated packaging or identification requirements instead of certain Indian bar coding stipulations, and may apply to Pharmexcil for exemption from the Government of India's bar coding requirement; Pharmexcil will decide applications case by case with prior Government approval. Notwithstanding any exemption, tertiary level packaging must include additional barcode printing as required by Para 2(i)(c). All other terms of the earlier Public Notice remain unchanged.
Grant of relaxation of ILC with Regional Authorities with reference to Notification No. 38 dated 5th Feb. 2016
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ILC registration deadline extension allows late registration for pre-notification letters of credit with prescribed ANF-2D and fee.
Under the FTP hardship mechanism, the Directorate relaxed the registration of ILCs within 15 days requirement for importers who finalised ILCs before the notification date and allowed these importers to register with their jurisdictional Regional Authorities by 30 April 2016 upon submission of ANF-2D with the prescribed fee.
Measures taken for Improving Ease of Doing Business for Make In India
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Tariff and procedural reform to promote domestic manufacturing and streamline customs and indirect tax compliance.
Measures combine tariff adjustments and targeted exemptions to promote domestic manufacturing, alongside customs and indirect tax procedural reforms to reduce compliance costs. Customs modernization includes expanded electronic filing, Single Window message exchange with regulatory agencies, mandatory digital signatures, reduced documentary requirements and Customs Clearance Facilitation Committees. Central Excise and Service Tax reforms provide expedited registration, electronic invoicing and records, extended CENVAT time limits, e-payment of refunds and instalment payment of arrears. Governance measures include upgraded web services, raised appeal thresholds, audit rationalisation, penalty rationalisation and expansion of Advance Ruling eligibility.
Approval of hospital for the purpose of sub-clause (b)of clause (ii) of the proviso to sub-clause (viii) of clause (2) of Section 17 of the Income Tax Act, 1961, In case of "Shri Sai Hospital (A unit of Akhilesh Kumar Singh Hospital Pvt. Ltd.), Behind Geological Survey of India, West of Rajendra Nagar over Bridge, Kankarbagh, Patna - 800020"
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Perquisite exemption: employer-paid medical treatment at approved hospital not treated as taxable perquisite for specified illnesses.
Approval is accorded to Shri Sai Hospital, Patna, under the proviso to clause (2) of Section 17 read with Rule 3A(1) & 3A(2) so that any sum paid by an employer for medical treatment at the hospital for the specified diseases and ailments listed under Rule 3A(2) shall not be treated as a perquisite for the purposes of Sections 15, 16 and 17 of the Income Tax Act, 1961, subject to the qualifying durations and compliance conditions set out in the Rules.
Clarification on Benefit of MEIS on exports of Tamarind Kernel Powder under ITC(HS) Code 13023290
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MEIS eligibility: Tamarind Kernel Powder is classified under 13023290 and not eligible for MEIS benefits.
Clarification that Tamarind Kernel Powder is classifiable under ITC(HS) Code 13023290 and is not eligible for MEIS benefits; Regional Authorities and Customs are directed not to grant MEIS on this product and to review and recover any wrongly allowed benefits.
Draft rules for grant of Foreign Tax Credit
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Foreign Tax Credit rules proposed: draft uploaded for stakeholder consultation, inviting written submissions to designated contacts.
Proposed procedural rules set out the mechanism for grant of Foreign Tax Credit under domestic provisions implementing tax-treaty or unilateral overseas tax relief, specifying required documentation, submission channels and administrative procedures. The draft has been published for stakeholder consultation with written comments invited to designated email and postal addresses within the stated consultation period, and the Central Board of Direct Taxes identified as the notifying authority.
Draft rules for granting relief or deduction of Income-tax under section 90/ 90A/ 91 of the Income-tax Act
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Foreign Tax Credit entitlement clarified: residents may claim credit for foreign income tax against Indian tax subject to documentation and limits.
Draft rules set out grant of Foreign Tax Credit to resident assessees where corresponding income is taxed in India: foreign tax definitions depend on treaty status or domestic law, credit applies against tax, surcharge and cess (not interest/penalty), is disallowed for disputed taxes, is computed per source per country as the lesser of Indian tax on that income and foreign tax paid converted at the telegraphic transfer buying rate, and requires specified foreign tax certificates, payment proof and a non-dispute declaration.
Provisioning pertaining to Fraud Accounts
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Provisioning for fraud accounts: banks must recognise exposure immediately or elect staged provisioning to smooth profit impact.
Banks must normally provide for the entire amount due on fraud detection, allowing adjustment for eligible financial collateral under Basel III; alternatively, they may spread provisioning over up to four consecutive quarters from detection. If full provisioning spills into a subsequent financial year, the unprovided balance at year-end must be debited from other reserves to provisions and thereafter reversed proportionately while charging profit and loss to complete provisioning. Banks must disclose number and amounts of frauds, provisions made, and unamortised provisions debited from other reserves, and adhere to fraud classification and reporting rules.
Decision of the CESTAT Final Order No 40344/2016 in case of Commissioner of Customs (Import) Vs Do Best Infoway
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Maintenance of public records: require recorded hearings and speaking orders to ensure lawful quasi judicial decision making.
Instruction directs that quasi judicial and appellate authorities must maintain authentic, signed and dated order sheets; fix and record personal hearings under the authority's signature; note reasons and submissions on the file; and issue reasoned, speaking orders. CBEC is asked to issue guidelines to ensure public orders are made transparently and that sample verification of adjudication and appellate records is carried out to secure compliance.
Overseas Direct Investment (ODI) – Rationalization and reporting of ODI Forms
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Overseas Direct Investment reporting: revised Form ODI consolidates transaction reporting and mandates online UIN issuance for remittances.
Overseas Direct Investment reporting has been rationalised by consolidating remittance and transaction reporting into a revised Form ODI comprising Part I (application for a Unique Identification Number and reporting of remittances/financial commitments with auditor certification/self certification), Part II (Annual Performance Report) and Part III (disinvestment reporting). AD Category I banks must obtain Form ODI Part I prior to executing ODI transactions, report forms in the online OID application to obtain the UIN, retain UIN wise physical records, implement AD Maker/Checker/Authorizer roles for online reporting, and report post investment changes; Resident Individuals may self certify in lieu of auditor certification.
Overseas Direct Investment - Submission of Annual Performance Report
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Overseas direct investment compliance: ensure annual performance reports are filed and banks verify APR submission before transactions.
Overseas direct investments by Indian parties and resident individuals require annual submission of an Annual Performance Report (APR) in prescribed Form ODI for each overseas JV/WOS. AD Category I banks must check with their nodal office that all APRs for an applicant have been filed before facilitating any ODI transactions; resident individuals may self certify APRs; where multiple investors exist the largest stakeholder or a designated entity must ensure APR submission; APRs should be based on the latest audited accounts and non compliance will be treated as contravention of the FEMA notification.
Issuance of Rupee denominated bonds overseas
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Rupee denominated bond issuance overseas now subject to rupee term aggregate limits, investor jurisdiction criteria and reporting obligations.
Issuance of Rupee denominated bonds overseas is subject to an aggregate foreign investment limit fixed in Rupee terms; entities may borrow up to Rs. 50 billion per financial year under the automatic route, with excess requiring RBI approval. Bonds may be issued only in and subscribed by residents of jurisdictions meeting FATF and IOSCO/SEBI information sharing criteria and not featured in FATF public statements for AML/CFT deficiencies. Minimum maturity is three years. Borrowers must obtain lists of primary bondholders and AD Category I banks must report actual principal drawdowns/repayments to the Reserve Bank on the transaction date.
Acceptance of deposits by Indian companies from a person resident outside India for nomination as Director
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Acceptance of foreign deposits for director nomination treated as current account payments not requiring RBI approval.
Deposits placed by persons resident outside India to nominate themselves or others as directors are treated as a current account (payment) transaction and therefore do not require Reserve Bank approval under the Foreign Exchange Management (Deposit) Regulations; refunds of such deposits on selection or achieving specified vote thresholds are similarly not subject to RBI approval.

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Implementation of the Integrated Declaration under the Indian Customs Single Window – Reg.

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Integrated Declaration requirement: revised Bill of Entry format imposes new mandatory fields and electronic statement obligations.
Implementation of the Integrated Declaration under the Single Window revises the Bill of Entry format with several newly added and mandatory fields. ... Summary

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Acts Income Tax