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    Circulars
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    Foreign Exchange Management Act, 1999 –Returns and Statements
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    Returns and Statements threshold revised; supplementary reporting for non-export inward remittances required and prompt credit certification.
    The circular raises the reporting cut-off for non-export inward receipts and requires a Supplementary Statement of non-export Receipts to be enclosed with R Returns for receipts at or above the revised threshold; where inward remittances exceed that threshold the purpose must be ascertained and reported, without delaying crediting, and Internal Auditors/Inspectors must certify prompt and rules-compliant crediting of personal remittances to beneficiaries' accounts.
    Appointment of and/or payment of remuneration to managerial personnel
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    Remuneration limits for managerial personnel: applications exceeding statutory scales must include detailed justification, documentation, and perquisite valuation.
    Companies seeking to pay managerial remuneration above statutory scales must apply to the Department with a board/AGM resolution and detailed justification addressing financial health, industry nature, appointee credentials, past remuneration, and the proposed package's effect on company finances; perquisites must be valued at actual cost for company-law purposes while income-tax liability is stated separately.
    Indo Sri Lanka Free Trade Agreement — Operational modalities
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    Tariff Rate Quotas govern preferential imports from Sri Lanka, requiring quota certificates and designated port clearance.
    The circular sets procedures for operating Tariff Rate Quotas under the Indo Sri Lanka FTA: Sri Lankan designated authorities allocate quotas and issue quota allocation certificates and Certificates of Origin; Indian monitoring is by designated Customs and the Tea Board/Textile Committee at specified ports. The Bill of Lading/Air Way Bill date determines quota year eligibility. Quality control, sampling, bonding, detention and penal provisions govern tea imports; RMG imports require TRQCs, are restricted to chapters 61-62, follow conversion factors when fabrics are sourced from India, must enter via designated ports, and disallow high sea sales or quota carry over.
    CWP No. 409/96-PUCL Vs. Union of India - report Regarding
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    One-man committee oversight established to quantify duty foregone and mandate bi-monthly recovery and vigilance reporting to the court.
    Member (Customs) will act as a one-man committee with the Director General (Inspection) responsible for quantifying duty foregone, supervising recoveries, transferring relevant files, monitoring recoveries on a case-by-case basis and furnishing bi-monthly progress reports to Member (Customs) for filing in the High Court; the Director General (Vigilance) will handle fixation of responsibility for loss of revenue and receive complete investigation reports from Commissioners, also furnishing bi-monthly progress reports for consolidation and Court filing.
    Export of Fodder including wheat and rice straw
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    Export of fodder ceilings and state procurement prohibition impose application and documentation requirements for exporters.
    Export of fodder including wheat and rice straw is permitted only within set ceilings for the 2000-2001 financial year, with procurement from Madhya Pradesh, Gujarat, Rajasthan and Orissa expressly prohibited due to drought; exporters must submit one application within fifteen days on the prescribed form, include their profile and an export order or irrevocable letter of credit, and provide an affidavit certifying compliance with the procurement prohibition. Licences will be allocated proportionately by the Export Licensing Committee under DGFT, and earlier suspended applications are deemed closed but may be reapplied for.
    Assessment of Imports against DEPB under ICES-reg.
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    DEPB registration and verification: system enforces EDI registration, verifies export linkage, and blocks claims lacking sufficient DEPB balance.
    Electronic ICES processing for DEPB exemptions requires prior verification of original DGFT issued DEPBs against shipping bills and mandatory registration of DEPBs in the EDI system with DGFT transmitted IEC/PAN details. Registration generates a Registration Number for debiting and Release Advices; TRAs permit inter station use and generate TRA registration numbers. The system debits Duty Credit and Export FOB ledger balances when exemptions are claimed, blocks BE submission if balances are insufficient, and routes DEPB claim B/Es to Group VII A for appraisal, audit, and final assessment. Manual B/Es may use DEPBs but debits must be recorded manually and entered into the system.
    Parameters of testing of waste oil, fuel oil, LSHS and LSWR in the country - Regarding
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    Import prohibition on waste oil: staged screening and sequential testing required to classify fuel oil and off spec consignments.
    Import of waste oil is prohibited and the seven parameters previously prescribed apply only to waste oil, not to fuel oil, LSHS or LSWR. Customs must apply a staged testing regime for off spec fuel oils: initial screening for acidity (nil) and ash ( 0.1%); if screening fails, test heavy metals (allowable limits by IIP) and classify as waste oil if exceeded; if heavy metals are within limits, perform AOX analysis for organic halides and, if present, analyse for PCB. BIS IS 1593/82 and refinery specifications are reference standards.
    Excise Duty payment on LPG Bulk Movements on stock transfer to Bottling Plants.
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    LPG valuation: bulk removals destined for bottling to be taxed at the administered packed-LPG price, subject to refund conditions.
    The Government accepted the Tribunal's approach that LPG cleared in bulk for subsequent bottling for domestic supply be valued at the lower OCC price fixed for packed domestic LPG in the context of the administered price regime. This acceptance applies to all similar disputes, subject to refunds being allowed without interest and the principle against unjust enrichment, and requires oil companies to pay differential duty where LPG was cleared at packed prices but sold in bulk.
    Service Tax not leviable on surcharge collected on delayed payment of telephone bill
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    Service tax exclusion on delayed payment surcharge: surcharges on telephone bills are not subject to service tax under valuation rules.
    Service tax is not leviable on surcharges collected for delayed payment of telephone bills because the taxable value of telegraph/telephone services includes only amounts charged for the services themselves; surcharges do not alter that value. The Board withdraws its earlier contrary circular and directs finalisation of pending disputes and communication to trade and field formations.
    Duty Drawback on Embroidered Silk Garments - regarding
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    Duty drawback for embroidered silk garments affirmed; embroidery value must be excluded from f.o.b. and declared separately.
    Embroidery on silk garments does not bar entitlement to drawback under SS No.62.06 because that entry rebates duty on the input silk; embroidered garments (including with metallised yarn) qualify for drawback under SS No.62.06 provided the value of embroidery, beads and sequins is excluded from the total f.o.b. value and declared separately on shipping bills.
    "Transaction value" under Section 4 of the Central Excise, Act, 1944 - As made effective from 1-7-2000 - Abatement/deduction of freight from composite prices
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    Transaction value rules: freight deductible only when separately invoiced and actually charged; uniform inclusive pricing prohibits deduction.
    Freight included in a composite price may be excluded from transaction value only if the cost of transportation is separately shown in the invoice and equals the actual freight charged; uniform or equated freight embedded in a composite or factory gate price does not permit deduction.
    Execution of BG/LUT in respect of EPCG Licences
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    Bank guarantee requirement for EPCG licences must be determined and executed with Customs, not fixed by licensing authorities.
    Requirement that EPCG licence holders execute a Bank Guarantee or Legal Undertaking for duty free imports must be made with the Customs authorities in the manner they prescribe; licensing authorities should not fix the quantum of the guarantee on EPCG licences but only require that the BG be executed with Customs in terms of the Export and Import Policy before goods clearance.
    Validity of brand rate letters issued by the Ministry
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    Validity of brand rate letters extended to annual term, with All Industry Rate cases limited and limited extensions permitted.
    Brand rate letters will be issued with a validity of one year. If the brand rate includes an element of the All Industry Rate, validity is restricted to 31st May (or the date the Drawback Schedule is superseded); exporters may seek a written extension up to 31st August, but no further extension beyond these limits will be granted. These rules apply to brand rate letters issued after this Circular and amend existing Board instructions.
    Use of Digital Signature on Contract Notes
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    Digital signature validity on contract notes affirmed; brokers may issue digitally signed notes subject to certified signature and client agreement.
    Use of digital signatures on securities contract notes is legally valid under the Information Technology Act. Brokers may issue contract notes authenticated by digital signatures provided they have obtained a digital signature certificate from a Certifying Authority under the Act. Client confirmation procedures are to be as specified in the broker-client agreement.
    Specification of quantitative ceiling on export of Wheat & Coarse grains during Licensing Year 2000-2001
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    Export quantity ceilings permit additional wheat and coarse grain shipments via APEDA allocations and RCAC issuance.
    Additional export ceilings for the 2000-2001 licensing year place specified quantities of wheat and designated coarse grains at APEDA's disposal for issuance of RCACs. Wheat exports are permitted from Central Pool stocks via RCACs issued to designated public agencies. Coarse grains receive a separate ceiling with explicit allotments to NCCF, NAFED, STCL and a remaining allocation for other exporters, thereby centralising export allocation and authorisation through APEDA.
    Application of PFA Act, 1954 for the clearance of consignments of food articles – instructions – regarding -
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    Food safety clearance requirements: targeted checks and selective testing govern imports, with high risk consignments subject to mandatory public health testing.
    Customs shall conduct specified pre clearance checks of transport conditions, physical appearance and labelling compliance; perishable goods may be cleared on storage and certificate-based assurances or sampled if not for direct use and stored under refrigerated bond pending tests. Non perishable products are split into high risk items, which require PHO testing and no objection certificates, and other items subject to a random testing regime, with unsampled consignments cleared after prescribed checks. Where PHOs are absent, Customs will sample and use authorised laboratories; repeated failures will be recorded in a Customs database and reported to health authorities.
    Vanishing Companies
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    Vanishing company reporting: prescribed criteria and mandatory complaint format for investor submissions to regulator for action.
    A reporting and intake framework requires investors and investor associations to submit complaints about suspected vanishing companies in prescribed Forms A and B to the Vanishing Companies Section of the Primary Market Department at SEBI head office or the appropriate regional office. A company may be classified as vanished where it has failed to comply with listing or ROC filing requirements for two years, has ceased correspondence with the exchange, or lacks a functioning registered office on inspection; non trading alone is not a basis for classification.
    Bank Certificate under DEPB
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    Conversion of FOB value to rupees using TT buying rate requires bank certificate endorsement and DEPB credit computation accordingly.
    FOB values for DEPB must be converted into Indian rupees using the authorised dealer's TT buying rate on the date export documents are purchased/negotiated/collected; the resulting rupee FOB is then used to apply the DEPB rate of credit. Applicants must submit bank certificates with an endorsement certifying the date of purchase/negotiation/collection and the TT buying rate. The endorsement is required even if proceeds are realised and for all cases where DEPBs have not been issued; exporters with file numbers assigned prior to 29/9/2000 are exempt.
    Amendment in Para 8.75 and Appendix 28 A of H.B. Vol. I
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    Duty free jewellery sales permission: EOUs and EPZ/SEZ units must export or return unsold items and maintain specified documentation.
    EOUs, EPZ units and Nominated Agencies are authorised to operate duty free airport showrooms for sale of plain and studded jewellery subject to Customs procedure; unsold jewellery after 60 days must be exported or returned and prescribed minimum value addition achieved. Nominated Agencies must provide Customs countersigned sale/unsold statements, agency certificates of parcel values and FIRCs; DTA units claiming replenishment must also submit Customs attested invoices/shipping bills and the specified agency certificate.
    Quality Standards for 131 Import Products
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    Applicability of quality standards clarified: legacy letters of credit and prior shipments exempted; packaging rules apply to all imports.
    Imports under an irrevocable letter of credit established before the notification and shipments made prior to the notification date per the Handbook of Procedures are exempt from the new conditions; separately, Indian quality standards apply to the 131 listed products independently, while the Standards of Weights and Measures (Packaged Commodities) Rules, 1977 apply to all imported pre packaged products.

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      Assessment of Imports against DEPB under ICES-reg.

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      DEPB registration and verification: system enforces EDI registration, verifies export linkage, and blocks claims lacking sufficient DEPB balance.
      Electronic ICES processing for DEPB exemptions requires prior verification of original DGFT issued DEPBs against shipping bills and mandatory registration ... Summary

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      ActsIncome Tax