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Circulars
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Removal of port restrictions on import of Tea from Sri Lanka under India-Sri Lanka Free Trade Agreement vide Notification No.75/2007-Cus. dated 5th June 2007 regarding procedure to be followed for monitoring of Tariff Rate Quota (TRQ)
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Tariff Rate Quota monitoring for Sri Lanka tea imports continues; EDI and reporting obligations to prevent quota breach.
Removal of port restrictions for tea imports under the India-Sri Lanka Free Trade Agreement requires fulfillment of Rules of Origin and continuation of the agreed monitoring mechanism for the Tariff Rate Quota (TRQ). Chief Commissioners must ensure compliance, forward import details to the Directorate General of Systems, and have EDI ports report online while non-EDI locations submit electronic reports. The Directorate General will maintain records, set reporting frequency, and ensure annual imports do not exceed the TRQ.
Establishment of Connectivity with both NSDL and CDSL – Companies eligible for shifting from Trade for Trade Segment (TFTS) to Rolling Segment
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Dematerialisation requirement enables shifting securities to rolling settlement subject to certification and absence of other continuation grounds.
Permits shifting securities from the Trade for Trade Segment to Rolling Settlement after a company connects to both depositories, provided at least half of non-promoter holdings are dematerialised and certified by the Registrar and Transfer Agent (or by a practicing Company Secretary/Chartered Accountant if no RTA exists), and provided there are no other grounds for continuation in the Trade for Trade Segment; stock exchanges must report actions taken to the regulator.
Overseas Direct Investment - Rationalisation of Forms
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Overseas direct investment reporting consolidated into a single ODI form to streamline submission and monitoring requirements.
Rationalisation consolidates multiple overseas direct investment application and reporting forms into a single standardized form ODI comprising: Part I (Indian party details, investment in new and existing projects, funding, declaration and auditor certificate), Part II (reporting of remittances), Part III (Annual Performance Report) and Part IV (report on closure, disinvestment, voluntary liquidation or winding up). The revised reporting system preserves existing eligibility criteria and submission routes via Authorised Dealer Category-I banks, effective from June 1, 2007.
Deferred Payment Protocols dated April 30, 1981 and December 23, 1985 between Government of India and erstwhile USSR
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Special currency basket revision: AD Category I banks must apply updated rupee valuation and notify constituents.
Revision of the rupee valuation for the special currency basket requires Authorised Dealer Category I banks to apply the updated rupee value for transactions under the deferred payment protocols, notify their constituents, and comply with the statutory foreign exchange directions while observing any other permissions required under law.
Export Warehousing- specifying class of exporters under sub-rule 2 of Rule 20 of the Central Excise Rules,(No.2) 2001 read with Notification No. 46/2001-CE(NT) dated 26.06.2001
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Export warehousing eligibility: Star Export House status and specified entities may use warehousing for export consignments.
The circular revises the class of exporters eligible for the export warehousing facility, specifying that exporters granted Star Export House status and above, foreign departmental stores of repute, and automobile manufacturers with a Memorandum of Understanding with the trade authority are entitled to avail warehousing for excisable goods for export, thereby aligning Central Excise instructions with the Foreign Trade Policy nomenclature.
Risk Management and Inter-Bank Dealings - Commodity Hedging
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Commodity hedging permissions expanded to allow specified domestic producers and ATF users to hedge select exposures in international markets.
AD Category I banks authorised by the Reserve Bank may permit domestic producers/users to hedge price risk in aluminium, copper, lead, nickel and zinc in international exchanges using only standard exchange traded futures and options (purchases only), subject to limits based on historical purchases/sales and underlying economic exposure. Actual ATF users may hedge domestic purchase exposures in international markets and, if warranted, use OTC contracts against firm orders with documentary evidence. Boards must approve derivative policies, transactions must route through designated ADs, and authorised banks must report monthly to the Reserve Bank.
Remittance on winding up of companies
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Delegation of remittance authority to authorised banks enables remittance from liquidated companies subject to tax and auditor compliance.
AD Category I banks are authorised to permit remittance out of assets of Indian companies under liquidation provided the remittance complies with any court or liquidator order and the applicant submits a tax clearance or no objection from the Income Tax authority, auditor certificates confirming domestic liabilities are paid or provided for, that the winding up conforms to the Companies Act, 1956, and, for non court winding up, an auditor certificate confirming no pending legal proceedings or impediments.
Foreign Exchange Management (Deposit) Regulations, 2000- Operation of NRO account by Power of Attorney Holder
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Operation of NRO account by power of attorney permits local rupee payments and remittance of current income under specified restrictions.
A resident Power of Attorney holder may operate a non-resident ordinary rupee (NRO) account to effect local rupee payments, including eligible investment payments under RBI regulations, and to remit outside India the non-resident account holder's current income in India net of taxes. The PoA holder may not repatriate funds to anyone other than the non-resident account holder, make gifts to residents on the account holder's behalf, or transfer funds to another NRO account. Banks may allow such operations pending formal amendment of the regulations.
Import of Equipments by BPO Companies in India for International Call Centre
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Remittance for overseas equipment imports allowed for BPOs subject to approvals, bank verification, supplier payment and certification.
Authorised Dealer Category I banks may permit BPO companies to remit funds for equipment purchased and installed at overseas International Call Centres, provided the BPO has requisite approvals, the bank verifies bonafides and contractual compliance, payment is made directly to the overseas supplier, and the bank obtains a CEO or auditor certificate confirming importation and installation at the overseas site.
ACCEPTANCE OF RETURNS OF INCOME/ FRINGE BENEFITS IN PAPER FORM FOR ASSESSMENT YEAR 2007-08 IN CASE OF FIRMS LIABLE TO AUDIT UNDER SECTION 44AB AND COMPANIES
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Electronic filing requirement temporarily relaxed: paper returns accepted for certain firms and companies, subject to later mandatory e filing.
The Board directed temporary acceptance of paper returns in new ITR-5 or ITR-6 forms for firms subject to audit and companies where electronic filing software was unavailable, subject to limited annexures and a mandatory subsequent electronic filing with digital signature or electronic submission followed by Form ITR-V verification once software is available.
02 - 25-05-2007 VAT - Delhi
Reg. Court Fee Stmps
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Court fee stamp compliance required: nonconforming applications must not be entertained; adherence to DVAT Rules prescribed.
Assessing authorities must not entertain applications, powers of attorney, vakalatnamas or similar documents unless court fee stamps are affixed in accordance with Annexure-I of DVAT Rules 2005; the Policy Branch directs strict adherence to the prescribed court fee stamp provisions and circulates this instruction to all relevant officers and departmental units for implementation.
Amendments to SEBI (Disclosure and Investor Protection) Guidelines, 2000
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Aggregate value threshold for rights issues: draft letter of offer must be filed through a merchant banker 30 days before DSE filing.
Amendment restores an omitted eligibility threshold in the SEBI (Disclosure and Investor Protection) Guidelines, 2000: no listed issuer may make a rights issue exceeding the aggregate value threshold unless a draft letter of offer is filed with the Board through a Merchant Banker at least thirty days prior to filing the letter of offer with the Designated Stock Exchange, thereby preserving the Merchant Banker-mediated filing and Board review requirement for substantive rights issues.
Drawal of Samples and Testing in Chemical Laboratories reg.
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Sample testing under customs law: prioritise live consignments and permit bond or storage measures to avoid delay.
Drawal and testing of import samples under Section 144 determine classification and valuation, with testing at Customs Revenue Laboratory Kandla or approved external government labs. Priority is given to live consignments and testing is targeted to be completed within fifteen days, though external labs may require more time. Importers may seek delivery against Bonds or Bank Guarantees, release of part consignments, or storage without warehousing under Section 49 to avoid demurrage; delays should be escalated to Assistant Commissioners and then Joint/Additional Commissioners.
Opening of Escrow / Special Accounts by Non-Resident Corporates for open offers / delisting / exit offers
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Escrow account opening by AD Category I banks permitted for non resident corporate open offers, subject to SEBI compliance.
AD Category I banks may open Escrow and Special Accounts for non resident corporate acquirers for acquisition/transfer of shares or convertible debentures via open offers, delisting or exit offers without prior Reserve Bank approval, subject to compliance with applicable SEBI regulations (including SAST), the Companies Act, 1956, and the Annex terms; amendments to FEMA (Deposit) Regulations will be notified separately and the directions are issued under Sections 10(4) and 11(1) of the FEMA, 1999.
Payment towards Cash Calls for the purpose of Oil exploration in India
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Foreign exchange payments for oil exploration: banks may permit cash call payments subject to production agreement verification and tax clearance.
Authorised Dealer Category I banks may permit payments towards cash calls to Operators for oil exploration by credit to approved foreign currency or rupee accounts in India or by remittance overseas, provided the bank obtains and retains the production sharing agreement, secures tax clearance evidence (tax NOC or paid challans or CA certificate and undertaking), and is satisfied as to the bonafides of the transaction under FEMA; the directions operate without prejudice to other statutory permissions.
Amendments in Handbook of Procedures (Volume I) for EO period and its extension under Advance Authorisation Scheme
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Export obligation period clarified for spices and coconut oil, requiring fulfilment measured from first import customs clearance.
Amendment prescribes a fixed Export Obligation (EO) Period for spices and coconut oil under the Advance Authorisation and EOD Schemes: EO must be fulfilled within 90 days from the date the first import consignment is cleared by Customs, substituting the earlier Handbook provisions and aligning the EO fulfilment trigger with customs clearance of the initial import.
Scope and coverage of goods imported under Target Plus Scheme clarification
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Input use nexus required: TPS imports limited to items that are inputs with a broad nexus to the exported product.
TPS duty free credits permit import of inputs and capital goods for own use or that of supporting manufacturers, subject to actual user and non transferability conditions. The imported item must have a broad nexus with the exported product as an input required in its manufacture; SION is prima facie evidence of such inputs, and the broad nexus requirement supplements-not replaces-the FTP's inputs/own use mandate.
Procedure for granting exemption from service tax to taxable services provided to foreign missions/ consulates and to the personnel posted there in India --reg
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Service tax exemption for foreign missions and diplomats hinges on MEA-issued entitlement certificates and authenticated undertakings.
Service tax exemption applies to taxable services supplied to foreign diplomatic missions/consular posts for official use and to diplomatic agents or career consular officers for personal use, subject to an entitlement certificate issued by the Protocol Division of MEA on the principle of reciprocity. For official-use exemptions an authenticated copy of the certificate plus an original signed undertaking with running serial number must be furnished to service providers, who must record the undertaking reference on invoices and retain documents for verification. For personal-use exemptions a photo-identification card with unique serial number and an authenticated photocopy must also be furnished and recorded. MEA notifies withdrawal to revenue authorities and benefits cease from withdrawal date.
Service Tax — 7 New Services & new provisions effective from 1-6-2007
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Service tax revisions expand taxable services and introduce valuation and composition options affecting works contracts and rentals.
Amendments expand the scope and administration of service tax by notifying newly taxable services and activating revised definitions and the charging provision; they merge multiple telecom service categories into a single telecommunication service and amend corresponding rules. Valuation rules for works-contract-related services are prescribed and an optional composition scheme is introduced. Rental services are exempt to the extent of property tax actually paid, with a self-adjustment mechanism for post-payment of property tax. Export and inbound service rules are updated to classify the newly specified services under the relevant rules.
Extension of Special Zone's jurisdiction
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Extension of Special Zone jurisdiction reallocates dealers to Special Zone and mandates transfer of case files and records.
The Special Zone is directed to exercise jurisdiction over the dealers listed in the enclosure in addition to existing dealers, and operations circles and wards must forward case files and all relevant records of those dealers to the Special Zone; the EDP branch is to publish the order on the departmental website for wider circulation.

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