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Circulars
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Advance Remittance for Import of aircrafts /helicopters /other aviation related purchases
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Advance remittance for aviation imports without bank guarantee permitted, subject to KYC, contractual payment terms and import compliance.
Permits advance remittance for direct import of aircraft, helicopters and other aviation-related purchases by authorised scheduled airlines without a bank guarantee or standby letter of credit subject to a sector-specific limit; AD Category I banks must satisfy themselves of bonafides, carry out KYC and due diligence on importer and supplier, ensure payments conform to sale contracts and are paid directly to the manufacturer, adopt board-approved internal guidelines, secure prerequisite regulatory clearances, ensure import within prescribed periods with documentary proof, and repatriate advances if import does not occur.
List of services for exemption / remission from Service Tax
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Service tax exemption for exports: stakeholders asked to submit services eligible and calculation illustrations by the stated deadline.
Solicitation for lists of export-linked services eligible for Service Tax exemption/remission and accompanying illustrative calculations to determine remission amounts, to be submitted by stakeholders to the Joint Director General of Foreign Trade at the DGFT office by the stated deadline; contact details provided for queries.
Risk Management System (RMS)- Charter of functions for Risk Management Division and constitution of national/local risk management committee
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Risk Management System directs centralized division to design and coordinate risk parameters, committees, and facilitation-compliance balance.
The circular creates a Risk Management Division (RMD) as the nodal agency to design and implement the Risk Management System (RMS), set and update risk parameters, recommend assessment/examination of risky consignments, maintain an intelligence database, administer the Accredited Client's Programme, coordinate with Customs Houses, Directorate of Valuation, DRI, DG Audit and other departments, develop training, review RMS performance and facilitation-compliance balance, and provide periodic reports to the Board.
E-Payment of Service tax — Authorisation of bank for tax collection and interim accounting arrangement
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E-payment authorization permits a bank to collect service tax electronically for all commissionerates with interim accounting safeguards.
A designated bank is authorised to accept e-payments for all Central Excise and Service Tax Commissionerates without commissionerate-wise restriction while physical collection remains limited to authorised Commissionerates; FPBs will collect payments and prepare Commissionerate-wise, Major Head-wise scrolls, and a Delhi branch will process e-payments for non-covered Commissionerates and prepare four hard-copy challans for distribution to Pay & Accounts Office, taxpayer, and divisional officer to enable accounting and reconciliation, with reporting and fund settlement following existing procedures.
RBI fixes rupee value at Rs 56.8292 for Special Currency Basket effective from April 19, 2007
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Special Currency Basket value revised; new rupee valuation applies to deferred payment contracts under USSR-era protocols.
The Reserve Bank of India revised the Indian rupee valuation of the Special Currency Basket, effective 19 April 2007, and directed that this revised rupee value apply to deferred payment contracts concluded under the Deferred Payment Protocols of 30 April 1981 and 23 December 1985 between India and the former USSR concerning deliveries of machinery and equipment on deferred payment terms.
Extension of Time for Uploading of NAVs of Fund of Fund Schemes
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Extension of NAV upload deadline for fund-of-funds allows next-business-day reporting; late uploads must be reported to regulators.
NAV uploads for fund-of-funds schemes are to be completed by 10:00 am the following business day; published NAVs may appear in newspapers with a one-day time lag marked by an asterisk, and any delays beyond the extended deadline must be reported to the industry body and the regulator under existing disclosure obligations.
PAN as the sole identification number for all transactions in the securities market
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PAN as sole identification mandates cessation of UIN and requires exchanges and depositories to notify participants.
SEBI mandates PAN as the sole identification number for all securities market participants and transactions, discontinuing the requirement of the Unique Identification Number under the MAPIN framework. Stock exchanges and depositories must notify their members, clearing members and depository participants and publish the change on their websites as an operational compliance requirement to protect investor interests and regulate the market.
Export from EU of non-hazardous waste material.
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Export controls on non-hazardous waste updated by new EU shipment regulation; exporters must follow revised rules and guidance.
Regulation (EC) 1013/2006 on shipments of waste entered into force on 17 July 2006 and becomes applicable on 12 July 2007, replacing the previous Shipment of Waste Regulation and related implementing regulations; exporters should consult EU guidance for updated rules and procedures governing exports of non-hazardous waste, as noted in the DGFT trade notice dated 25 June 2007.
Arrangement for receipt of DVAT-51 Forms for the quarter ending
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Reconciliation return filing: DVAT 51 accepted manually at extension counters with centralised front office data entry and zonal accountability.
The Reconciliation Return in DVAT-51 Forms must be received manually at zonal extension counters on the designated intake day, with acknowledgements issued on the duplicate presented. Zonal in-charges must arrange staff and transport received DVAT-51 Forms to the Front Office, where all data entry will be performed. Forms received with Central Statutory Forms will be registered ward-wise at counters and sent to the Front Office; forms without statutory forms will be held by Ward Officers until required. Documents are transported in ward-wise bundles of hundreds, and date-stamps issued for acknowledgements must be returned to the Front Office at day's end.
Amendment in the Handbook of Procedures, Vol I
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Certificate of Origin-Non Preferential issuance updated to add Apex Chamber as an authorized issuing agency for Delhi region.
The Director General of Foreign Trade amended the Handbook of Procedures, Vol. I to specify the Apex Chamber of Commerce & Industry of NCT Delhi as an authorized issuer of Certificate of Origin-Non Preferential, providing its contact details to clarify the designated issuance channel for the Delhi region.
Amendments/deletions/corrections/additions in the Handbook of Procedures, Vol.2, 2004-2009, as amended
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Standard Input Output Norms updated to amend SION entries, defining permitted inputs and net to net accountability for exports.
Amendments update the Standard Input Output Norms (SION) entries: a chemical export item description is clarified; the Colour TV SION lists permitted components and packing materials with imports allowed on a net to net basis with accountability clause; and the spanners SION specifies permitted steel inputs, nickel plating allowance, limited die and cutting-tool items linked to FOB caps, and electroplating salts/additives allowances.
Amendments in the Handbook of Procedures (Vol.I) (RE2004&RE2005)
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Broad nexus requirement clarified: inputs and capital goods may be imported without quantitative restriction under Target Plus Scheme procedures.
The amendments delete a prior definition and insert two notes clarifying that "Goods" means inputs and capital goods permitted under the Foreign Trade Policy and that no quantitative or duty-quantum restriction applies to imports of inputs related to export products. Appendix 17D for the Target Plus Scheme is revised: specified rows and a note are deleted and Sr. No. 10 is replaced to require listing export products and corresponding inputs, with optional supporting-manufacturer details and optional endorsement of supporting manufacturers as co-licensees; imports must have a broad nexus with exported products.
Draft Circular - Clarification on technical issues relating to scope and classification of taxable services, levy of service tax and valuation of taxable services – reg
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Service tax scope clarification: draft circular consolidates technical rulings, withdraws prior clarifications and defines taxable services and valuation.
The draft circular consolidates departmental interpretations on service tax, superseding prior technical clarifications and establishing a reference coding system for taxable services and issues. It restates that the document reflects administrative interpretation, not statute, and applies statutory definitions and valuation rules to specific fact patterns-clarifying taxability of activities such as courier and exhibition services, mandap letting, authorized service station reimbursements, composite international air tickets, services by sovereign authorities and Department of Posts, and financial services items like entry/exit loads.
Hedging of Overseas Direct Investments By Residents - Liberalisation
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Hedging of overseas direct investments: forward contracts may be cancelled and partial rebooking permitted under revised FEMA guidance.
AD Category I banks may allow residents to cancel forward contracts entered to hedge exchange risk on overseas direct equity and loan investments, subject to verification of exposure and continuance of other conditions from the earlier circular; a portion of cancelled contracts may be rebooked and regulatory amendments will be notified separately.
Draft Circular - Procedural issues in Service Tax-clarification reg
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Mandatory e-payment of service tax clarified alongside registration, CENVAT credit limits, return filing and adjudication procedures.
Consolidates procedural service tax rules: registration (including centralized registration and PAN based Service Tax Code), payment and mandatory e payment procedures, invoice and consignment note requirements, classification under section 65/65A, half yearly return filing with e filing, self and provisional assessment, CENVAT Credit clarifications (GTA credit inadmissible to consignor/consignee to discharge liability by fiction; consignee may claim input service credit; outward transport credit limited to "place of removal"; mobile phone service credit admissible under the 2004 Rules), interest on delayed payments, scrutiny and audit obligations, adjudication, revision and appeals mechanisms.
Revision of application form for grant of Custom House Agent’s License under section 146 of the Customs Act, 1962
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Custom House Agent Licence application requirements updated; stakeholders invited to comment on revised Form A and required disclosures.
Revision of the application procedure for a Custom House Agent's Licence under Section 146 prescribes a revised Form 'A' specifying required particulars: applicant and firm/partner details, authorised employees and clerks, educational qualifications and computer proficiency, language and Customs law knowledge, prior licence history and any penal actions, and a list of documents furnished under the Licensing Regulations. Applicants must affirm acceptance of the Custom House Agent's Licensing Regulations, 2004. The Ministry invites written comments from trade, departmental officers and other stakeholders on the revised Form within the consultation period.
Instructions regarding launching of prosecution and arrest under the Central Excise Act, 1944
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Prosecution for excise offences requires sanction from senior authorities; arrests require Commissioner approval; habitual offenders prosecuted regardless of threshold.
Procedural instructions require that arrests by Inspector-level officers be made with prior Commissioner approval where an offence under the Central Excise Act is suspected, and that prosecutions be processed by the Commissioner and forwarded to the Chief Commissioner or the Director General (Central Excise Intelligence) for sanction; adjudicating authorities should decide on prosecution immediately after adjudication, cases above the financial threshold should be examined for prosecution, habitual offenders may be prosecuted irrespective of threshold, and complaints must be filed promptly once sanction is granted.
E-payment of Service tax — Authorisation of bank for collection of tax
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E-payment authorisation: Allahabad Bank approved to accept electronic service tax payments nationwide for all commissionerates.
Allahabad Bank has been approved and nominated to accept electronic payments for collection of indirect taxes; it is authorised to accept e-payments for all Central Excise and Service Tax Commissionerates without commissionerate-wise restrictions, supplementing the existing roster of banks designated for service tax e-payment under the established accounting arrangements.
Distinction between shares held as stock-in-trade and shares held as investment - tests for such a distinction
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Classification of shares as investment or stock-in-trade governs whether receipts are capital gains or business income for assessment.
Distinction between holdings of shares as capital asset and as stock-in-trade determines whether receipts are taxed as capital gains or as business income. Assessing officers should examine books of account (valuation and year-end classification), magnitude and pattern of purchases and sales, the ratio between purchases, sales and holding, and the taxpayer's motive. No single test is decisive; conclusions must follow the totality of circumstances. Taxpayers may maintain separate investment and trading portfolios and may have income under both heads accordingly.
Overseas Direct Investment- Liberalisation
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Overseas direct investment liberalisation expands permitted investment limits and redefines guarantee treatment for Indian investors.
Overseas direct investment rules are liberalised: AD Category I banks may permit investments by Indian companies under the Automatic Route up to an enhanced ceiling measured against the last audited net worth. Financial commitment is redefined to include the full amount of guarantees issued by the investing company or related Indian entities, applicable to new and existing investments. Listed Indian companies' portfolio investment limit in eligible foreign securities is also increased, with existing portfolio conditions unchanged.

Circulars

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Circulars

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