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Circulars
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01/2006 - 11-01-2006 Central Excise
EOU and DTA unit in same compound-Separation of units
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Separation of EOU and DTA units: mandatory demarcation and fencing to prevent duty evasion and ensure compliance.
The notice requires distinct demarcation between co located 100% EOU and DTA units to prevent diversion of duty free inputs into local sales and violation of EXIM Policy. Administrative measures specified include separate earmarked premises, clear demarcation, and fencing of at least 4 feet; Development Commissioners must enforce these requirements and EOUs must disclose any other nearby units to enable monitoring of DTA sale limits and excise compliance.
DGFT to make submission of DEPB applications online on 10 more ports from Jan 16, 2006
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Online DEPB and Advance/EPCG licence filing required with digital signature and electronic fund transfer for processing and transmission.
DGFT will extend automated online processing of DEPB shipping bill submissions and licence issuance to ten additional EDI ports under Policy Circular 28; where manual DEPB shipping bills are used or a third party claims DEPB, manual applications in Aayaat Niryaat Form with originals and full fee must be submitted to the Regional Licensing Authority and no ECOM application will be entertained. All Advance Licence (except specified exceptions), Advance Licence for Annual Requirement and EPCG Licence applications must be filed only via the DGFT website with digital signature and payment by Electronic Fund Transfer; applications must include complete descriptions and correct 8 digit ITC(HS) codes, and amendments for EDI ports will be transmitted electronically to Customs to take effect.
Administrative Control over Export Oriented Units (EOUs) - Instructions
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Administrative control over EOUs limited to specified local districts; other units fall under jurisdictional Central Excise authority.
The Board limits administrative control by the Commissioner of Customs, Bangalore to EOUs/EHTP/STP units located in the districts actually served by the Bangalore Customs Division; units in other parts of the Commissionerate's territorial jurisdiction will be administered by the jurisdictional Commissioner of Central Excise. Board Circular No. 31/2003-Cus is amended to this extent, and authorities are directed to issue public notice, report implementation difficulties, and acknowledge receipt.
Export of Goods and Services - Liberalisation - GR Approval for export
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GR approval for temporary export for repair/testing permitted, subject to prompt re import documentation or destruction certificate.
Authorised dealer banks are empowered to grant GR approval for goods exported for repairs, maintenance, calibration, testing or similar processes, conditional on the exporter producing the relative Bill of Entry within one month of re import. If goods exported for testing are destroyed during testing, banks may accept a testing agency certificate certifying destruction in place of a Bill of Entry.
Denaturing of Ethyl Alcohol
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Denaturing of Ethyl Alcohol: BIS standard denaturants required; additional agents allowed with chief chemist approval and industry justification.
Imported ethyl alcohol for industrial use must be denatured and tested before clearance; the Board requires adherence to BIS standards IS 4117-1973 as the baseline list of denaturants, while permitting Commissioners to allow additional denaturants, bitterants or colouring agents to prevent renaturation, subject to Chief Chemist concurrence and demonstration of industry specific need. Assessments may be finalised on merits with verification from State Excise if required, and the Denaturing of Spirit Rules, 1972 apply.
Procedure for import of various items under Tariff Rate Quota ( TRQ)
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Tariff rate quota application deadlines set; allocation by Exim Facilitation Committee follows annual timetable process.
Eligible entities must apply using the Aayaat-Niryaat Form with prescribed documents by the annual application deadline preceding the quota year; the Exim Facilitation Committee will evaluate applications and allot quota shares by the end of the preceding financial year, creating an annual submission and allocation cycle for the Tariff Rate Quota.
Non acceptance of Pre-Shipment Inspection Certificate- reg.-
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Pre-shipment inspection certificate acceptance continues pending judicial decision, with consignments subject to full physical examination.
Acceptance of Pre-Shipment Inspection Certificates issued by M/s. NQAQSR-North America for import of metallic waste and scrap is ordered pending judicial determination; field formations must accept such certificates while the Government defends the agency's writ petition, but consignments with those certificates are to be cleared only after full physical examination.
Exim Bank’s Line of Credit of US$26.8 Million to the Government of Cote d’Ivoire
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Line of credit for export financing supports Indian supply and project contracts subject to utilisation limits, declaration and FEMA compliance.
A Line of Credit from Exim Bank to the Government of Cote d'Ivoire finances Indian exports for urban transport and agricultural projects; shipments must be declared on GR/SDF forms. No agency commission is payable under the LOC, though exporters may remit commission from personal resources or EEFC balances after realisation of contract value and subject to prevailing rules. Authorised Dealer banks must notify exporters of the circular. Directions are issued under FEMA and do not affect other statutory permissions.
CFS of Ennore Cargo Container Terminal Pvt. Ltd. declared "Customs area"
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Customs area declaration enables supervised examination, stuffing and sealing of import FCL and export containers at the designated CFS.
The premises of M/s. Ennore Cargo Container Terminal Private Limited are declared a Customs Area to permit examination and clearance of import FCL containers (excluding LCL and passengers' unaccompanied baggage), and to permit examination, stuffing/loading of export cargo into containers under Customs supervision and sealing with Customs Seals; site description, boundaries and applicable procedural rules are specified and operations must follow the referenced public notices.
Extension of time limit in rule 7B / 30A for the purpose of making adjustments in the return in consequence of retrospective reduction of tax liability for the dealers having monthly tax period
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Extension of time limit for monthly dealers to adjust returns after retrospective tax reduction until the month-end filing.
Extension of the statutory time limit permits dealers with a monthly tax period to make adjustments in returns under rule 7B and rule 30A consequent to a retrospective reduction of tax liability, the adjustment period being extended up to the filing of the month-end return for December, 2005.
Guidelines for disposal of the old cases of advance licences issued before 31.03.2002 where the licensee is unable to produce the logged DEEC books
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Advance licence compliance: documentary alternatives and indemnity required to discharge export obligations when DEEC books are unavailable.
Guidelines set documentary and procedural alternatives for discharge of export obligation on advance licences issued before 31.03.2002 when logged DEEC books are unavailable. For Quantity and Value Based Advance Licences RLAs must obtain endorsed shipping bill copies, bank realization proof, an affidavit cum indemnity, and MODVAT/CENVAT non availment evidence (or specified alternatives); additional value licence steps include shortfall regularisation and price data reliance where customs valuation comment is absent. Customs must verify exports before bond redemption and RLAs must forward E.O. discharge letters and monthly reports to customs. Exclusions apply for fraud, marble licences permitting rough marble imports, and cases with prior adjudication.
Exim Bank’s Line of Credit of US$ 27 Million to The Government of the Republic of Mali
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Line of Credit for export financing to Mali enables specified project and supply exports subject to foreign exchange compliance.
Exim Bank has extended a Line of Credit to the Government of the Republic of Mali to finance exports from India for rural electrification and an agro machinery and tractor assembly plant; shipments must be declared on GR/SDF forms, no agency commission is payable under the LOC (exporters may use own resources or EEFC balances for commission subject to realisation and remittance rules), and the LOC specifies terminal utilisation periods and compliance with FEMA based directions without prejudice to other statutory permissions.
01/2006 - 02-01-2006 Companies Law
Deposit of unpaid amount to credit of IEPF under section 205C of the Companies Act, 1956 - Violation thereof, prosecution for
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IEPF deposit compliance precludes prosecution for delayed deposits under the Companies Act when remedial deposit was actually made.
Companies that actually deposited the requisite unpaid dividends and related amounts into the Investor Education and Protection Fund within the prescribed remedial period satisfy the objective of earlier circulars and should not be prosecuted for delay; regulatory authorities should proceed with prosecutions only where no such compliance was effected and withdraw prosecutions already filed against companies and their directors that met the deposit requirement within that period.
Use of tamper proof bottle seals on containerized cargo for Export
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Tamper-proof one time bottle sealing mandated to secure containerized exports and reduce routine resealing and examinations.
Adoption of tamper proof one time bottle sealing is mandated as the primary sealing method for containerized export cargo, bonded closed trucks and LCL containers sealed in officers' presence to prevent tampering and avoid resealing and routine port examination except on specific intelligence. Department-provided seals' cost may be recovered from exporters but exporters must not be compelled to buy exclusively from the department; cargo not capable of bottle sealing remains subject to normal examination norms at the gateway port.
Scrutiny guidelines for non- Corporate assessees.
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Selection for scrutiny governed by mandatory categories, supervisory approval, and a computer assisted case selection system.
Selection of non corporate returns for scrutiny mandates compulsory categories including search and seizure, surveys, large Chapter VIA deductions, substantial refund claims, appellate additions, international transactions and transfer pricing adjustments, certain financial institutions and exempt entities with large receipts, stockbrokers, professionals, contractors, builders, and cases with substantial fresh capital or new loans. Exclusions apply for repeatedly low addition cases except where a substantial question of law arises. CCIT/DGIT approval may authorize additional selections subject to overall selection limits and timeliness. Networked selections are effected through the Computer Assisted Scrutiny System; assessing officers must report monthly lists to supervisors.
Scrutiny guidelines for Corporate assessees.
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Scrutiny selection criteria for corporate taxpayers require mandatory examination of specified categories and automated selection.
Compulsory scrutiny applies to specified corporate returns including those from search and seizure, surveys, large Chapter VIA deductions or refund claims, repeat appellate additions on identical issues, banks, PSUs, listed large companies, book profit taxpayers, large non governmental institutions, significant international transactions or prior transfer pricing adjustments, NBFCs and investment companies above capital thresholds, certain stockbroker anomalies, amalgamation set offs, export linked deductions, large contractors and builders, cases with substantial fresh capital or loans, and first time claims of enumerated exemptions; selection may be automated via CASS and is subject to managerial caps and exclusion where prior scrutiny showed minimal sustained additions.
Service Tax on Air Cargo Agents under "Business Auxiliary Service" — Scope of
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Business Auxiliary Services: air cargo agents taxable on remuneration for billing, collection and logistical support provided to airlines.
Air cargo agents perform incidental or auxiliary support services to airlines - including billing, collection, issuance of airway bills, booking, distribution and logistics - and, under the statutory definition of Business Auxiliary Services, there exists a service-provider/client relationship with airlines; accordingly agents are liable to pay service tax on remuneration received and remain liable for past liabilities with interest.
Guidelines for compounding of offences under Customs and Central Excise Acts – regarding.
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Compounding of offences: new rules allow classified settlements with exclusions and Chief Commissioner discretion for early resolution.
The Rules establish a compounding regime classifying offences as technical (eligible for repeat compounding) and substantive or non-technical (compounding permitted only once), specify categories excluded from compounding including persons linked to serious statutes and smuggling of sensitive/prohibited items, exclude departmental officers, vest verification and discretionary power in the Chief Commissioner, permit compounding before or after complaint subject to court-affidavit procedures for pending prosecutions, require disposal within six months, publicity, and reporting to the Board.
Guidelines for compounding of offences under Customs and Central Excise Acts - regarding.
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Compounding of offences allows settlement by payment, with Chief Commissioners empowered to approve or reject applications.
The circular implements Customs and Central Excise compounding rules, classifying offences into technical (compoundable multiple times) and substantive or non-technical (compoundable only once), and lists categories of serious offences and persons barred from compounding. Chief Commissioners may accept or reject applications, must verify facts, and follow a specified procedure for pending court prosecutions requiring an applicant affidavit and court submission of the compounding order; payment leads the reporting authority to seek disposal by the court, with refund if the court rejects compounding.
Extension in last date for submission of applications under Vishesh Krishi Upaj Yojana and Served From India Schemes
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Extension of filing deadline for agricultural and served-from-india scheme applications grants additional time to submit documentation.
Extension of the last date for submission of applications under the Served From India Scheme and the Vishesh Krishi Upaj Yojana is granted as a facilitation measure due to representations about time needed to prepare documentation; the filing period is accordingly extended to provide additional time for applicants to submit required applications, as communicated in an official departmental circular.

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