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Memorandum of Instructions for Opening and Maintenance of Rupee / Foreign Currency Vostro Accounts of Non-resident Exchange Houses
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Rupee Vostro account rules require RBI approval and strict funding, collateral, KYC/AML and monitoring safeguards.
Prior RBI approval is required for AD Category I banks to open and maintain rupee and foreign currency vostro accounts of non resident Exchange Houses. Accounts are for inward personal remittances only, must operate on a credit only basis, prohibit outward remittances and cash disbursements, and require due diligence, legal documentation, licence verification and, where appropriate, collateral or guarantees. Operations may follow DDA, Non DDA or Speed Remittance procedures with specified funding, audit/inspection and reporting obligations to ensure funds cover pipeline debits and compliance with KYC/AML and internal control requirements.
Import of vehicles used in off-highway operations such as mining, industrial undertakings, irrigation, general construction etc.
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Motor vehicle classification determines compliance; road capable off highway vehicles must meet motor vehicle rules, including homologation.
Vehicles equipped to be driven on public roads under their own power, even incidentally or briefly, qualify as motor vehicles under Section 2(28) and must comply with the Central Motor Vehicle Rules, 1989, including homologation. Equipment purely designed for off highway use within enclosed premises and not capable of traveling on public roads under its own power is not a motor vehicle and falls outside the Motor Vehicles Act and the Central Motor Vehicle Rules.
Order under section 119 of the Income-tax Act, 1961 - Extension of due date for filing returns of income for all categories of assesses
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Extension of return filing deadline permits assessees who used old return forms after form change to refile.
The Central Board of Direct Taxes, invoking section 119, extended the due date for filing returns for all categories of assessees to permit those who filed returns on or after the notification of new forms but did so in a form other than one of the forms notified for the assessment year to file returns in the specified prescribed forms.
Foreign Direct Investments (FDI) - Issue of shares under FDI and refund of advance remittances
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Issue of shares under FDI must occur within prescribed period or advance refunded; banks must verify bonafides.
Companies receiving inward remittances as consideration for equity instruments must issue those instruments within the prescribed period, failing which the consideration must be refunded immediately to the non-resident investor by outward remittance or credit to the investor's NRE/FCNR(B) account. AD Category I banks may allow refunds after verifying bonafides and absence of interest on advances. Banks may seek Reserve Bank approval for refunds outstanding beyond the prescribed period, and companies with prior delayed cases must submit an action plan through their AD bank for specific approval. Advances are allowed only under the automatic route.
Amendments/additions/deletions/deletions/corrections in Hand Book of Procedure (Vol.2), 2004-2009
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Standard Input Output Norms updated: substituted SION entries revise permitted import inputs for specified copper and galvanized products.
DGFT, under Paragraph 2.4 of the Foreign Trade Policy and Paragraph 1.1 of the Handbook of Procedures, substitutes SION entries in Handbook of Procedures (Vol.2). The Public Notice replaces norms for SION C-1168, C-1185, C-1186 and C-560 by specifying for each export product the eligible import items (various forms of copper, zinc, hot-rolled or GP sheets/strips/coils) and the corresponding allowed input quantities relative to the export product, thereby clarifying permissible input materials and conversion norms.
Implementation of Risk Management System (RMS) in Imports
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Risk Management System in import clearance enables self assessment facilitation and targeted post clearance verification.
The RMS automates processing of electronically filed Bills of Entry and IGMs to permit facilitation of low risk self assessed B/Es for out of charge after duty payment, while selecting others for assessment or examination based on risk parameters, random sampling or intelligence. The Accredited Clients Programme confers predominant no assessment/no examination treatment subject to limited selection. Concurrent audit is replaced by Post Clearance Audit; bond debits become system driven and Compulsory Compliance Requirements from allied Acts must be declared and documented at filing.
Clarification on Service tax on freight charges
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Business support services defined as distribution and logistics - freight-related delivery and haulage charges are liable to service tax.
Delivery order charges and inland haulage charges collected by shipping companies for conveyance and handling of outward surface postal mails constitute distribution, management and logistics services, fall under business support services and are liable to service tax.
Exim Bank's Line of Credit (LOC) to USD 15 million to Eastern and Southern African Trade and Development Bank (PTA Bank)
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Line of Credit for export financing to PTA member countries under FEMA directions; shipment declarations and commission rules apply
Reserve Bank authorises a Line of Credit from Exim Bank to PTA Bank to finance exports of goods and services eligible under India's Foreign Trade Policy to PTA member countries, with specified effective and terminal dates for opening Letters of Credit and for disbursements. Shipments must be declared on GR/SDF Forms. No agency commission is ordinarily payable, but Reserve Bank may permit commission up to a prescribed maximum for exports requiring after sales service, to be deducted from invoices and reflected in reimbursable disbursements with prior approval. AD Category I banks must inform exporters and obtain LOC details from Exim Bank. Directions issued under sections 10(4) and 11(1) FEMA.
Correction in the Public Notice No. 27 dated 14.7.2005 read alongwith Public Notice No. 14 dated 30.5.2006
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Time-limit extension for Public Notice compliance under the Foreign Trade Policy expands the permitted compliance period.
Amendment under Paragraph 2.4 of the Foreign Trade Policy, 2004-2009 corrects Para 2 of Public Notice No.27 (RE-2005)/2004-2009 (read with Public Notice No.14 (RE-2006)/2004-2009) to state the period for compliance as "within three years from the date of issue of this Public Notice"; the change is issued in the public interest as an administrative correction.
Amendments in the Hand Book of Procedure (Vol.1), 2004-2009
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RCMC issuance: exporters with head office in Orissa may obtain certificates from the regional office; minor forest produce from sectoral council.
Exporters with head office or registered office in the State of Orissa may obtain Registration cum Membership Certificates (RCMCs) from the regional export promotion office in Bhubaneshwar irrespective of product exported; exporters of minor forest produce from the State may obtain RCMCs from the sectoral export promotion council responsible for that produce.
Addition of Land Customs Station in Paragraph 4.19 of the Handbook of Procedures Vol.I
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Addition of Land Customs Station: Ghojadanga added to the Handbook of Procedures, updating official trade entry points.
The Director General of Foreign Trade, exercising powers under the Foreign Trade Policy, amends Paragraph 4.19 of the Handbook of Procedures, Vol. I to add the Land Customs Station at Ghojadanga, formally incorporating that LCS into the Handbook by Public Notice issued from the DGFT file.
Instructions for proper filling up of Commissionerate codes in TR-6 and GAR-7 Challans
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Commissionerate code accuracy in TR-6 and GAR-7 challans ensures correct Service Tax revenue reporting by assessees.
Service Tax assessees and collecting banks must quote the correct Commissionerate code, division and range codes on TR-6 and GAR-7 challans to avoid misreporting of Commissionerate-wise revenue; the notice reproduces prescribed codes for Ahmedabad Commissionerate (SD), divisions SD01-SD03 and ranges SD0101-SD0305 and requests trade bodies to inform constituents.
Service Tax "Valuation of Taxable Service" - Inclusion of Reimbursable Expenditure - Reg
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Pure agent principle: reimbursable expenditures failing valuation conditions must be included in taxable service value.
Valuation rules exclude expenditure of a service provider acting as a Pure Agent only if all eight conditions of Rule 5(2) are met; many reimbursable items claimed by Custom House Agents (documentation, transport, storage, handling, inspection, port and terminal charges, etc.) are not covered by pure agent treatment because they are used in producing the output service, and where CHAs charge amounts above actual expenditure the pure agent conditions are breached and such sums must be included in the taxable value.
Operationalization of Large Taxpayer at Chennai
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Large Taxpayer Unit operationalization shifts central excise and service tax return filing to LTU with transitional arrangements.
Operationalization of the Large Taxpayer Unit at Chennai shifts central excise and service tax responsibilities to the LTU with a transitional filing regime: returns for the month preceding commencement remain with jurisdictional officers while subsequent returns are to be filed with the LTU. Urgent time-bound matters occurring during the immediate transition month remain with the jurisdictional Commissioner, after which cases should be transferred; other matters requiring action in the following month must be accompanied by a detailed communication from the jurisdictional Commissionerate to the LTU.
Tax Information Exchange System (TINXSYS) has been set up in the department, which is Centralized solution to facilitate information between Commercial Tax Departments of all the States
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Centralized verification of interstate tax forms required via TINXSYS; verification routed through HQ Centralized Forms Cell.
Departmental instructions require centralized verification of interstate statutory Central Forms and dealer TIN validity through the Tax Information Exchange System (TINXSYS); access is provided to Zonal Deputy Commissioners. If form details are absent in TINXSYS, the issuing authority may be contacted. Verification of forms from other States will be performed by the Value Added Tax Officer (HQ), Centralized Forms Cell (CFC), from the computer system and reports will be sent to the concerned Assessing Authorities.
Intellectual Property Rights (IPRs) regime Boards Circular No. 41/2007 Customs, dated 29.10.2007 National IPR database & web-enabled applications - operational guidelines and instructions - reg.
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Intellectual Property notice registration: file category-specific IPR notices online, print application and submit bonds to customs commissioner.
The customs IPR regime enables online filing of category-specific IPR notices via a web module where applicants select the Commissioner for registration, upload prescribed documents and images in specified formats, and obtain a Unique Temporary Registration Number (UTRN) upon successful submission; the printed application and supporting documents, including the general bond and indemnity bond executed by the right holder and a demand draft payable at the chosen location, must then be physically submitted to the selected Commissioner for further processing and issuance of a Unique Permanent Registration Number (UPRN).
EASIEST — Instructions on proper filling up of GAR-7 Challans
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Commissionerate code accuracy: taxpayers must quote correct code in TR 6/GAR 7 so service tax credits post to the right Commissionerate.
Assessees and banks have been entering incorrect Commissionerate codes in TR 6 and GAR 7 challans into the EASIEST system, causing service tax receipts to be credited to the wrong Commissionerate; taxpayers must quote the correct Commissionerate code for Pune II and trade associations are requested to notify their members to ensure proper crediting and accurate Commissionerate wise revenue reporting.
Designation of officers in Service Tax Commissionerate, Ahmedabad for recovering government dues
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Designation of recovery officers under Finance Act empowers attachment and recovery for government dues within specified divisions.
Designation of specific officers in the Service Tax Commissionerate, Ahmedabad authorizes recovery of Government dues and attachment of property within their respective divisional jurisdictions under section 87(c) of the Finance Act, 1994, naming an Assistant Commissioner for Division I, a Deputy Commissioner for Division II, and an Assistant Commissioner for Division III.
Amendments/additions/deletions/corrections in the Hand Book of Procedures. Vol. 2, 2004-2009
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Standard Input Output Norms amended to add plastics SION entries and correct existing product input specifications in Handbook.
Amendments to the Handbook of Procedures (Vol.2, 2004-2009) revise and correct the Statement of Standard Input Output Norms (SION) via Annexure A and add new plastic product SION entries H557-H561 in Annexure B, specifying per-kilogram input compositions and quantitative requirements for listed export items such as polyethylene printed bags and glass-fibre filled Nylon-66 compounds.
Norms Committee - Para 4.7 cases Guidelines
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Adhoc input norms under Para 4.7 must be fixed, uploaded and converted to SION within prescribed timeframes to ensure compliance.
The circular prescribes a time-bound process for Para 4.7 adhoc norms: four months to fix adhoc norms, twelve months validity for adhoc norms, and conversion to SION within six to twelve months after ratification. It allocates duties between Regional Authorities, Norms Committees and technical authorities, requires specified technical information before issuing AAs, mandates deficiency letters and possible rejection where information is lacking, and requires monthly upload of adhoc norms to the DGFT website with stakeholder inputs considered in SION finalisation.

Circulars

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Processing of refund applications filed by Canteen Stores Department (CSD).

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Refund entitlement for CSD: invoice-based GST refund procedure and inter-authority payment coordination instituted.
CSD refunds are invoice-based entitlements of fifty per cent of tax on inward supplies made subsequently to unit run canteens or authorized customers and ... Summary

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Acts Income Tax