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Circulars
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021 - 02-08-2005 VAT - Delhi
Instructions regarding Monthly Progress Report (MPR)
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Monthly Progress Report accuracy requires zonal certification and inclusion of appeal effects to ensure reliable tax reporting.
Zonal Deputy Commissioners/Joint Commissioners must timely submit and certify the Monthly Progress Report after thorough cross-checking. MPRs must include the appeal effect and newly report past case reductions omitted earlier; all other reports are to follow the same verification and forwarding procedure to ensure accurate departmental data.
External Commercial Borrowings (ECB)
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External commercial borrowings policy revised: two access routes with maturity, lender, end-use and reporting conditions.
The circular revises the Reserve Bank's External Commercial Borrowings framework by codifying two access routes-Automatic and Approval-and prescribing eligible borrowers, recognised lender credentials including minimum foreign equity holding thresholds, minimum average maturities, all-in-cost ceilings, permitted end-uses, security and parking requirements, prepayment and refinancing conditions, and mandatory reporting and disclosure obligations; FCCBs and domestic structured obligations are addressed within the same regulatory framework.
SCOMET list of items
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SCOMET declaration requirement: attach prescribed Annexure A with Advance Licence, DEPB or DFRC applications for specified product categories.
A trade notice mandates submission of a SCOMET declaration in Annexure A format with Advance Licence, DEPB, or DFRC applications for items under Chemicals & Allied Products, Engineering Products, Plastics, and Textiles, referencing the SCOMET list and Policy Circular No. 11 as a documentary compliance requirement for processing such applications.
Foreign Direct Investment in Petroleum Sector and Air Transport Services
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Foreign direct investment liberalisation permits automatic-route investment in petroleum while restricting foreign airline equity in domestic air transport.
Foreign Direct Investment policy permits automatic-route foreign investment in Petroleum Product Marketing, Oil Exploration in small and medium sized fields, and Petroleum Product Pipelines; the FEMA amendment enabling this change has been notified. In Air Transport Services (domestic airlines), NRIs may invest under the Automatic Route while other foreign investors face an equity cap and no direct or indirect equity participation by foreign airlines is permitted.
Amendments in the Handbook of Procedures (Vol. I)
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Amendment to Foreign Trade Handbook updates Appendix by adding worldwide logistics and inspection entities with their contact details.
Exercise of powers under paragraph 2.4 of the Foreign Trade Policy amends the Handbook of Procedures (Vol. I) by adding two entries to Appendix 5, listing Worldwide Logistic, Survey and Inspection Group and Affiliates with their addresses and contact details as an administrative update issued in public interest by the Director General of Foreign Trade.
Vishesh Krishi Upaj Yojana benefits for export of Cashew
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Vishesh Krishi Upaj Yojana benefits confirmed for cashew exports made during the interim eligibility window between notification and exclusion.
Exports of cashew within the identified HS codes are entitled to Vishesh Krishi Upaj Yojana benefits for shipments made during the interim period between the issuance of the notification granting eligibility and the later public notice that excluded those items; the Directorate General of Foreign Trade issued this clarification to confirm entitlement for exports effected in that window.
Clearance of imported metal scrap–Procedure regarding
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Customs clearance amendment adds CFS Mulund to authorized stations, requiring immediate trade notice and acknowledgement.
The Board amends the earlier circular by inserting CFS Mulund into the list of authorized customs stations in paragraph 5(ii) for clearance of imported metal scrap, and directs immediate trade notification, acknowledgement of receipt, and issuance of a Hindi version.
Budget 2005 -2006, Issues pertaining to Service Tax
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Service tax expansion: new and broadened taxable services, reverse charge and payment-on-receipt rules now govern liability.
The Finance Act, 2005 expands service tax coverage by adding specified new taxable services and broadening existing categories, ties tax liability to receipt of payment including advance receipts, and clarifies taxability of services received from non residents under a reverse charge mechanism; the amendments include definitional inclusions and exclusions, notification based exemptions and abatement options, and procedural changes for registration and centralized accounting.
Amendments in the Handbook of Procedures (Vol. I)
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DEPB entitlement for DTA-to-SEZ supplies clarified - application routes, verification, and documentary requirements specified.
Claims for DEPB credit on DTA-to-SEZ supplies may be made by the DTA unit or the SEZ unit; the DTA unit may claim via the Licensing Authority or the Development Commissioner, and the Licensing Authority must endorse permitted benefits to the Development Commissioner. Development Commissioners must check the supplier against the Denied Entity List before granting DEPB. Applications on the Ayaat Niryaat form must include fee payment evidence, SEZ customs bill of exports, invoice showing FOR value and DEPB entitlement, bank certificate of realization (Appendix 22B), and, if the SEZ unit claims, a disclaimer from the DTA supplier authorising the SEZ claim.
Additions in the Appendix 5 of the Handbook of Procedures (Vol.1)
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Appendix amendments add two listed inspection agents and correct a container freight station entry in trade handbook.
The Director General of Foreign Trade inserts Humber Inspection International Limited and Interglobe Marine Consultants into Appendix 5 of the Handbook of Procedures (Vol. I) with their business names and contact particulars, and corrects Sl. No. 22 in paragraph 2.32(i)(b) to read as CFS Mulund under powers conferred by paragraph 2.4 of the Foreign Trade Policy, 2004-09.
Amendments/additions/deletions/corrections in the SION
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Standard Input-Output Norms amended updating SION entries and adding chemical, engineering and miscellaneous input norms in trade procedure.
Amendment of the Standard Input Output Norms (SION) to the Handbook of Procedures, Vol.2, 2004-2009 through Public Notice No.32/2005: the Notice makes targeted amendments, deletions, corrections and additions to SION entries under powers in the Foreign Trade Policy and Handbook of Procedures, revising chemical, engineering, textile, plastic and miscellaneous product norms by adjusting import-item descriptions and quantities, inserting new entries, deleting obsolete norms, and adding footnotes and alternative-input provisions for incorporation into the Handbook.
020 - 26-07-2005 VAT - Delhi
Maintenance of Guard File
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Recordkeeping obligations require maintaining guard files for assessment, appeal and circulars, with monthly inspections by VAT officers.
Mandates that VATOs/AVATOs maintain, for each financial year, three guard files: copies of all assessment orders; copies of objection and appellate orders cross referred to the originating objection; and a file of circulars/notifications/orders from HQ and relevant finance departments. ZDCs and ZJCs must ensure files are up to date and inspect them monthly.
Finance Act, 2005 - Provisions relating to Banking Cash Transaction Tax
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Banking Cash Transaction Tax exempted for interbank cash withdrawals and term-deposit encashments; scheduled banks must not collect.
The Finance Act, 2005 levies a Banking Cash Transaction Tax on specified cash withdrawals and on cash received on encashment of term deposits when statutory single-day thresholds are exceeded. The Government has clarified that interbank cash withdrawals and receipt of cash on encashment of term deposits in the name of scheduled or non-scheduled banks (including co-operative banks) are excluded from BCTT, and scheduled banks are instructed not to collect BCTT on such transactions.
Containers/cargo—Movement of containers and containerised cargo — Instructions- regarding
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Continuity bond required for temporary container imports: no bank guarantee, covers duty element, annual validity.
The circular prescribes a uniform procedure for temporary admission of durable containers: the bond must be a continuity bond executed by the shipping line, NVOCC, steamer agents or their authorised representatives; it should cover only the duty element of the imported containers and not the cargo, and no bank guarantee or security is required. Bond validity is one year, extendable on request. Until an automated matching module is available, monitoring of temporary importation periods will be manual, and time extensions shall follow existing extension procedures.
Risk Management and Inter- bank Dealings - Commodity Hedging
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Commodity hedging delegation to authorised banks permits listed firms to hedge international commodity price risk under strict monitoring.
Reserve Bank delegates to accredited commercial bank Authorised Dealers the authority to permit listed Indian companies to hedge commodity price risk internationally (excluding gold, silver, petroleum and products), subject to ADs meeting prudential eligibility norms, obtaining Reserve Bank approval to act, and securing board resolutions from corporates. Permissible transactions focus on off-set hedge using exchange-traded futures and options (and OTC where warranted), with Special Account settlement, broker report verification to ensure backing by physical exposure, AD monitoring to prevent speculation, annual bank reporting of corporates hedged, and statutory auditor certification of compliance and internal controls.
TRADE NOTICE NO. 03/2006, DATE 05/07/2005 - Minimize the scope of deficiencies in the applications (Withdrawn)
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Withdrawal of Trade Notice rescinds limitation on application deficiency scope, restoring prior application requirements.
Trade Notice No. 05/2006 dated 21 July 2005 withdraws Trade Notice No. 3/06 dated 5 July 2005, which had aimed to minimize the scope of deficiencies in applications; the withdrawal is effective immediately and restores prior treatment of application deficiencies.
019 - 21-07-2005 VAT - Delhi
Penalty with respect to the sub section(4) and (9) of the section 86 of DVAT ACT
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Penalty timing for registration and return defaults: registration penalty from registration due date; return penalty from day after filing deadline.
The statutory penalty for registration default is computed from the date the registration becomes due, while the penalty for return default is computed from the day following the last day prescribed for filing the return.
018 - 21-07-2005 VAT - Delhi
CIRCULAR FOR RECEIPT AND MOVEMENT OF QUARTERLY RETURNS
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Personal surety bond format requirement: new notarially attested bonds with two witnesses mandated for VAT registrations.
Fresh VAT registrations must be accompanied by a personal surety bond in the new prescribed format; old-format bonds are incorrect. Personal surety bonds must be witnessed by two persons and attested by a notary whose serial number, place of attestation and official seal are indicated. VATOs/AVATOs at front offices and operations are directed to ensure submission of the new-format, properly notarised bonds to expedite registration processing.
Non-levy of interest/penalty on delayed payment of the first instalment of advance fringe benefit tax up to 15th August, 2005
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Non-levy of interest on delayed first instalment of advance fringe benefit tax; penalty not leviable, administrative communication issued.
Non-levy of interest is directed for delayed payment of the first instalment of Advance Fringe Benefit Tax if received by 15th August, 2005; the order further clarifies that penalty is not leviable for delayed payment of Advance Fringe Benefit Tax in any case, and instructs communication of this concession to all regional officers.
Exim Bank's Line of Credit of USD 2 Million to Trade and Investment Development Corporation of the Philippines - TIDCORP (also known as Philippine Export-Import Credit Agency – PhilEXIM)
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Line of Credit facility approved for exports, setting eligibility, shipment declaration and limited commission payment conditions.
RBI authorises Exim Bank's Line of Credit to the Philippine export agency for financing capital goods, plant and machinery, consumer durables and other items eligible under India's Foreign Trade Policy; shipments must be declared on GR/SDF Forms. No agency commission is ordinarily payable, though exporters may pay commission from own free foreign exchange; Reserve Bank may permit commission up to 5 per cent for after sales service cases, payable in the Philippines by invoice deduction and reimbursable to the negotiating bank at 90 per cent of the f.o.b./c&f/c.i.f. value minus commission, subject to prior approval. The direction is issued under sections 10(4) and 11(1) of FEMA, 1999.

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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