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Circulars
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Controlling authority for EOU/STP/EHTP units and the authority entitled to process the rebate claims filed by such units – Clarification - Reg.
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Rebate and refund authority clarified: customs handles EOUs exporting goods, service tax handles EOUs exporting taxable services.
Where inputs or input services are used in the manufacture of goods exported by EOUs, the jurisdictional Central Excise or Customs authority will process and disburse the rebate or refund of unutilised credit; where an EOU provides or exports taxable services it must register with the jurisdictional Service Tax Commissionerate, which will sanction rebate or refund for inputs or input services used for export of such services. Existing registration, return filing and other controls for EOUs providing taxable services remain unchanged.
Bill of Entry - Manual Bil of Entry for specified categories
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Manual Bill of Entry allowance for specified import categories where EDI/ICES processing is impracticable.
Permits specified import declarations to be processed as Manual Bill of Entry where EDI processing is impracticable, listing categories such as high unit value items, ad hoc exemption orders, dual named importers (lessor and lessee), non amendable licence linked entries, self flying aircraft without air waybills, gold bars claiming specified notifications, footwear with RSP below Rs. 250 or above Rs. 750, and other EDI/ICES failures; residual cases require System Manager approval after AO (EDI Section) consultation with the relevant technology agency.
Container Freight Station of M/s. Sattva CFS and Logistics Pvt. Ltd. at Chennai declared Customs Area
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Customs area designation enables supervised examination and sealing of full-container imports and export stuffing under Customs control.
Designation under Section 8(b) of the Customs Act, 1962 declares M/s. Sattva CFS premises at Survey No. 125/1, Amman Kulam, Vichoor Village, Chennai, a CUSTOMS AREA for supervised examination and clearance of import FCL containers (excluding LCL cargo and passengers' unaccompanied baggage), and for stuffing/loading of export cargo into containers under Customs supervision and sealing. The notice describes the CFS physical demarcation and storage areas and mandates compliance with procedures laid down in P.N. 19/98, 111/2002 and 255/2002, with an operative commencement date specified.
Applicability of service tax on activities undertaken at mines prior to enactment of the Finance Bill, 2007 - reg.
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Service tax on mining activities clarified: site formation and cargo handling taxable; extraction not taxable before legislative inclusion.
Site formation, clearance, excavation and earthmoving preparatory to mining are taxable under the site formation and clearance, excavation and earthmoving and demolition service. Coal cutting and mineral extraction up to the pithead are integral mining operations and are not subject to service tax prior to legislative inclusion of mining services. Handling and transport post-pithead are taxable under Cargo Handling service and Goods Transport by Road, except transport by mechanical systems not involving road carriage; cargo handling remains taxable for loading and unloading even when mechanical systems are used.
CBDT AMENDS RULE 3 UNDER SECTION 12AA - Valuation of perquisites
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Valuation of perquisites revised: reduced rent perquisite rates retrospectively and new valuation rules for exempt employers.
The amendments to Rule 3 reduce valuation rates for concessional rent, rent free and leased accommodation retrospectively and add valuation provisions for benefits provided by employers not subject to Fringe Benefit Tax. New sub rules prescribe valuation methods for specified amenities and residual benefits supplied by exempt employers; these sub rules take effect for the assessment year following their notified effective date, and the Income Tax Rules were amended and notified by the Board.
Draft Circular - Withdrawal of circular no. 83/83/94-Cx dated 13.12.1994 and demand of duty on branded petrol and diesel
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Manufacture characterization of branded petrol and diesel treated as manufacture for excise, prior circular withdrawn
The Board found that mixing multifunctional additives into normal petrol and diesel effects value addition, imparts distinct properties and a distinct name and use, and therefore the process should be treated as manufacture for excise purposes; the earlier circular is withdrawn and pending disputes may be decided accordingly.
Clarification regarding credit taken on inputs used in the manufacture of textile articles cleared under notification No.14/2002-CE or notification No. 30/2004-CE
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Cenvat credit reversal recognized as equivalent to non availment, restoring exemption eligibility under central excise textile notifications.
Reversal of CENVAT credit before utilization is treated as equivalent to non availment, and therefore does not bar a manufacturer from claiming exemption on textile articles cleared under the textile exemption notifications; the Board amends its earlier circular to reflect the Supreme Court's position and notes that the CENVAT Credit Rules require reversal of credit on inputs used in the manufacture of such exempted textile goods.
Facility of part delivery of import consignments
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Part delivery of import consignments permitted subject to conditions, packing-list, EDI registration, staged examination and final clearance.
Part delivery of import consignments is permitted where not all containers have reached the CFS within the initial arrival period. Importers apply to the Assistant/Dy. Commissioner (Docks) with evidence; permission is granted if container-wise packing lists exist and goods are homogeneous. RMS consignments with no assessment or examination are eligible. Otherwise apply to the Joint Commissioner. On permission the Bill of Entry is registered in the EDI system, permissions and examination reports are noted on the hard copy and cumulative examination results recorded in EDI before final out-of-charge; CFS-wise details are maintained in a register.
Direct Receipt of Import Bills / Documents - Liberalisation
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Direct receipt of import documents relaxed for rough diamond imports, allowing banks to remit when importer receives documents directly.
Authorised Dealer Category I banks may permit remittances for rough diamond imports where the importer has received import bills/documents directly from the overseas supplier, provided documentary evidence is submitted at remittance, the transaction complies with the Foreign Trade Policy, banks are satisfied of the bonafides, complete KYC and due diligence on the importer, and obtain a report on each overseas supplier from the overseas banker or reputed credit agency.
Risk Management and Inter-Bank Dealings - Commodity Hedging
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Commodity hedging: authorised oil companies may hedge limited inventory exposure via authorised banks using OTC or exchange derivatives.
Domestic oil refiners and marketers are permitted to hedge a capped portion of inventory price exposure overseas through authorised AD Category - I banks using OTC or exchange traded derivatives up to one year tenor. AD Category - I banks must ensure Board approved policies specifically permit inventory hedging and OTC dealings, include mark to market and counterparty rules, conduct suitability and due diligence checks, and require half yearly Board reporting of OTC transactions; other existing circular conditions and Reserve Bank approvals where delegated do apply.
Electronic Accounting and GAR-7 challans — Instructions on proper filling
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Assessee code requirement must be quoted on GAR challans to ensure correct accounting under the electronic accounting system.
Assessees must quote a 15-character PAN/TAN-based assessee code and the correct commissionerate code on GAR challans when paying excise or service tax under the Electronic Accounting System to prevent mispostings and incorrect inter-commissionerate allocation of revenue.
Amendments in the Hand Book of Procedure (Vol.I), 2004-2009
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Lost shipping bill or BRC procedure permits replacement documents and safeguards for duty free entitlement subject to specified conditions.
A procedure allows acceptance of duplicate or certified copies of lost original EP shipping bills or original BRCs to process EODC, No BG/LUT endorsement under Advance Authorisation/DFIA, or transferability endorsement under DFIA, subject to an application fee, exporter affidavit with surrender undertaking, and an indemnity bond to indemnify the Government; submission of a reconstructed shipping bill exempts the fee, affidavit and indemnity bond requirements.
Applicability of Public Notice No. 36 in respect of pending claims for TED refunds as per amended Para 8.3.1(iii) of HBP Volume 1
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TED refund claim processing clarified: delayed applications within twelve months processed under amended HBP provision; prior grants not reopened.
Applications filed after six months from the end of the option period but within twelve months of the originally exercised option period, including time-barred, pending or rejected claims, must be processed under the amended HBP provision for delayed TED refund claims. Cases where benefits were already granted with applicable late cut on or before the public notice cutoff are final and shall not be reopened or enhanced.
Nil - 03-11-2007 VAT - Delhi
Procedure for issuing Central Statutory Forms
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Central Statutory Forms issuance procedure requires VATO verification, Record Keeper tallying, and system generated issue orders.
Procedure governs issuance of Central Statutory Forms through the Centralised Forms Cell: dealers register a serial and submit Form 2C, court fee and utilization documents; VATO checks completeness and forwards to Record Keeper, who issues a receipt, tallies Form 2B and checks Form 2A against bills/GRs, records findings on returns, purchases, registration items, dues, signatures and adverse material; VATO test checks and then orders issuance or a Deficiency Memo, with issuance orders system generated, recorded and handed to the dealer against signature.
Procedure relating to sanction and pre-audit of refund/ rebate claims- regarding
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Pre-audit by independent audit officers preserves sanctioning authority's quasi-judicial role while ensuring uniformity in refund processing.
Pre-audit of refund and rebate claims shall be conducted by the Assistant/Deputy Commissioner (Audit) at the Commissionerate Headquarters; thereafter the Divisional Assistant/Deputy Commissioner will pass the order-in-original disposing of the claim. Pre-audit by the Commissioner is discontinued, but Commissioners may review orders-in-original passed by divisional authorities, amending the prior circular to preserve uniformity and monitoring while respecting the sanctioning authority's quasi-judicial role.
Movement of Import cargo from Air Cargo Complex (ACC)/Airport to Air Freight Station (AFS) at Central Warehousing Corporation (CWC) Virugambakkam, Chennai
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Transhipment procedure enables full-aircraft import cargo movement to AFS subject to bonds, seals, IGM and timing rules.
Transhipment from Chennai Airport/ACC to CWC AFS-Virugambakkam is governed by Chapter VIII of the Customs Act and the Transhipment Regulations; only full-aircraft loads may be transhipped except specified exceptions. Airlines retain responsibility for cargo until formal handover, must file complete IGM declaring transhipment, execute bonds and bank guarantees, and meet strict timing and sealing requirements. Customs will inspect, seal bonded trucks, endorse movement applications, supervise unloading/segregation at AFS, oversee Bill of Entry processing and grant out-of-customs-charge before release; custodians must maintain registers and manage disposal of uncleared goods via statutory e-auction procedures.
Reg. Centralized Forms Cell (CFC)
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Centralized Forms Cell issuance: Forms for dealers in Zones V-X to be issued with set hours and same-day processing.
Issuance of statutory dealer Forms is centralized at the Centralized Forms Cell (CFC) for dealers in Zone V to Zone X; Forms will be dispensed on working days during prescribed hours with applications accepted only up to the counter cutoff time, and the Forms Issuing Authority will process requests the same day after verifying system information and records.
Order under section 119 of the Income-tax Act, 1961 - Extension of date of filing fringe benefit tax return
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Extension of filing date for paper income and fringe benefit returns under section 119 due to work disruption.
Central Board of Direct Taxes, exercising section 119, permits assessees required to file returns in paper format to file returns of income or fringe benefits by the extended date specified by the Board; the extension excludes assessees mandated to file electronically and responds to dislocation of work.
Order under section 119 of the Income-tax Act, 1961 - Extension of date of filing returns and reports of audit in case of companies and firms which are required to furnish e-returns
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Extension of filing date for e-returns, allowing specified audit, income and fringe benefits returns to be filed later.
An administrative direction under section 119 permits companies and firms required to furnish e-returns for assessment year 2007-08 to file specified documents after the normal deadline due to technical difficulties. The relief covers the report of audit under section 44AB and the return of income under section 139(1), together with the return of fringe benefits under section 115WD.
Issue of Custom House Agent License – Reference from field formations
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Custom House Agent licensing: single-notice process and mandatory issuance to applicants who pass the CHALR examination.
Clarifies that CHA licensing is a single continuous process requiring one comprehensive public notice detailing examination and eligibility, and directs Commissioners to issue licenses to applicants who have passed the CHALR examination and meet regulatory conditions, clear backlogs within one month, and report compliance to the Board.

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