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Circulars
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Manner of scrutiny of ER-1 and ER-3 returns by the Proper Officer-regarding
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Return scrutiny procedures require two stage verification and targeted detailed checks where abnormal trends threaten revenue protection.
A procedural framework prescribes a two stage scrutiny of ER 1 and ER 3 returns: a preliminary checklist based verification of completeness, classification, arithmetic accuracy, provisional assessment status, CENVAT reconciliation and payment timeliness, followed by detailed scrutiny for returns with abnormal trends using quantitative parameters in Annexure 2. Both stages should be completed within three months, with deficiencies acted upon by the Range Superintendent, results recorded and signed, and selected cases subject to document requisition, rare assurance visits, periodic divisional oversight and referral to Internal Audit where abnormalities persist.
Amendments in Paragraph 4A.2.1 in the Handbook of Procedures (Vol.1)
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Minimum value addition for jewellery exports revised, with specified category-based thresholds and carriage heading amended.
The export scheme for jewellery requires value addition to be calculated per paragraph 4A.6 of the Foreign Trade Policy and prescribes minimum average value addition per consignment for specified categories: studded jewellery, plain jewellery (with a rule where stone/studding per-gram value exceeds metal), fully mechanized jewellery, medallions and non-legal-tender coins, and mechanized findings and mountings. The amendments also replace the heading of paragraph 4A.18(a)(ii) with "Personal carriage of gems & jewellery for export promotion tours" and delete the words "or import of plain/studded jewellery" from paragraph 4A.28.
Amendments in the Handbook of Procedures (Vol.1)
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Duty Free Credit Entitlement applications to be processed manually; no e filing concession for related application fees.
The Handbook of Procedures (Vol. I) is amended to exempt Duty Free Credit Entitlement certificates for Status Holders and Target Plus Scheme applications from the general fee note by inserting an exception into the Scale of Application Fees and the fee appendix. These applications will be processed manually with no ECOM access and no fee concession. The Target Plus Scheme applicant requirements in the Aayaat Niryaat Form are revised to require a bank receipt/demand draft evidencing fee payment under the fee appendix and a self certified copy of a valid RCMC.
Amendments and additions in the Handbook of Procedures (Vol.1)
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Export controls on SCOMET items require case-by-case licences with end-use and non-retransfer assurances to prevent diversion.
An Inter-Ministerial Working Group in DGFT will consider licences for export of SCOMET items case-by-case using criteria including end-user credentials, end-use declarations, chain of transmission, risk of diversion to non-state actors, recipient State controls and programmes, end-use assessments, and applicability of bilateral or multilateral agreements. Export licence consideration requires certifications on exclusive declared use, prohibition on modification or re-transfer without Government of India consent, and facilitation of verifications; transfer of "Technology" is treated as export of the item.
Amendments in the Handbook of Procedures (Vol.1)
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Handbook amendment removes balance sheet requirement for Star Export House applications and adds agencies authorised to issue Certificates of Origin.
Amendment deletes the requirement that Star Export House Certification applicants submit a self certified copy of the balance sheet filed with income tax authorities, and adds specified trade associations in Maharashtra and Uttar Pradesh/Uttaranchal to the list of agencies authorised to issue non preferential Certificates of Origin, thereby updating the Handbook of Procedures under the Foreign Trade Policy.
DFCE for Status Holders (2003-04) under EXIM Policy, clarification regarding
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Supplier growth declaration permitted; auditors may rely on supplier statements to certify DFCE eligibility for supplies.
For certification of Sr. No. 11 of the CA certificate under Appendix 17D, CAs/CS/ICWAs may rely on a declaration from the non-status supplier that it has achieved the requisite growth in direct export turnover, enabling supplies by that supplier to a status holder to be treated as eligible for DFCE benefits where the growth test applies.
Clarification regarding Para 5.1 of the Foreign Trade Policy
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Import restriction on second hand capital goods: Indian origin second hand items not permitted under the EPCG scheme.
The circular clarifies that although Para 5.1 permits import of second hand capital goods without age restrictions under the EPCG scheme, second hand capital goods of Indian origin are expressly not permitted to be imported under the EPCG scheme.
Finance (No. 2) Act, 2004 - Explanatory Notes on provisions relating to Direct Taxes
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Securities Transaction Tax and tonnage tax scheme introduced, plus tightened TDS/TCS reporting and expanded taxable receipts.
The Finance (No. 2) Act, 2004 enacts comprehensive direct-tax changes: specifies income tax/TDS/advance tax rates with surcharges and education cess; expands taxable income to include gratuitous receipts above a threshold (with exclusions); implements the New Pension Scheme deduction and treats government matching contributions as salary; tightens TDS/TCS reporting and identification through a common deduction/collection number and dematerialised statement-based credit; introduces Securities Transaction Tax with related capital-gains treatment; and establishes an elective tonnage-tax regime for qualifying shipping companies with detailed computation, compliance, reserve and anti abuse rules.
Amendment in Schedule 2 of the Book Titled " ITC(HS) Classifications of export and Import Items, 2004-2009
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Export licensing for sandalwood requires DGFT-issued licences, procurement and physical verification documentation, and prescribed export conditions.
A quantity of 1600 MT of specified sandalwood classes is allocated for export within four years and exports are permitted only against an Export Licence issued by the DGFT on the Exim Facilitation Committee's decision, valid for one year without revalidation. Applicants must submit the Aayaat Niryaat form with an export order/irrevocable LC, original Legal Procurement Certificate issued by the Principal Chief Conservator of Forests evidencing purchase at State auctions, and a Certificate of Physical Verification from the DCF/DFO referencing the transit permit and inspection of unexported materials; licences may be subject to quantitative ceilings, minimum export price and size/weight limits.
Various matters - Clarifications to Delhi Sales Tax Bar Association
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Input tax credit: contractors may claim credit via subcontractor tax invoices and offset against VAT output liability.
Officers must avoid rejecting registration applications on flimsy grounds and must allow dealers to remedy defects or furnish fresh surety bonds; front office counters must remain open until 4:30 pm, acknowledge filings free of charge, and accept late returns without insisting on penalty. Contractors may claim input tax credit based on tax invoices issued by subcontractors and adjust that credit against output VAT; refund vouchers are preferred to adjustment orders for prior-law refunds; CST amendment applications may be filed on plain paper; dealers informed of their TIN may issue tax invoices from that date; certain CST rate-reduction notifications remain in force.
Additions in the Appendix 5 of the Handbook of Procedures (Vol.1)
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Addition to appendix of Handbook of Procedures adds inspection agency listing and contact details by DGFT.
The Director General of Foreign Trade, exercising powers under paragraph 2.4 of the Foreign Trade Policy, 2004-09, adds World Wide Inspection Services (Sarl) to Appendix 5 of the Handbook of Procedures, supplying the agency's Dakar address, telephone, fax and email contact information; the addition is published as Public Notice No. 26/2005 and issued in the public interest with an administrative file reference.
Accounting head for Education cess on taxable services — Corrections
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Education cess accounting head updated; taxable services must be recorded under the revised head of account.
Correction to accounting head for Education cess on all taxable services: a corrigendum revises the head of account code specified in Note B of the earlier TRU letter and directs principal accounting authorities to record the education cess on taxable services under the revised head for all relevant accounting entries.
Annual Supplement to Foreign Trade Policy, 2004-09 – Changes made in EPCG, DFRC, DEPB and Advance Licencing Schemes – regarding
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EPCG Scheme reforms expand concessional capital goods import and simplify export obligation compliance for agro, SSI, retail and service providers.
Amendments to the Foreign Trade Policy 2004-09 revise incentive schemes: the EPCG Scheme now permits reduced and extended export obligations for agro units, concessional capital goods imports for SSI and retailers with defined conditions, fast track relief for early exporters, and simplified Chartered Engineer certification; EPCG rupee earning facility is extended to minor ports, ICDs and CFSs. Advance Licence changes exempt certain duties for deemed exports, broaden annual licences, allow EO extensions for BIFR/sick units, and relax intra company transfer and job work procedures. DFRC sensitive items are reduced and a 95% re credit on rejected imports is provided.
Import of Goods of Value USD 100,000 and Less -Clarification on Follow up for Evidence of Import
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Evidence of import follow up: banks need not pursue proof for remittances at or below the prescribed threshold when satisfied of genuineness.
AD banks must follow up with importers for submission of evidence of import where remittances exceed the prescribed threshold. For remittances at or below the prescribed threshold, ADs need not pursue evidence provided they are satisfied about the genuineness of the transaction and the bonafides of the remitter; banks should frame Board approved internal policies and guidelines to govern such cases.
Notification of Appendix 37A relating to Vishesh Krishi Upaj Yojana
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Vishesh Krishi Upaj Yojana eligibility clarified by re notification of appendix and removal of 'Others' exclusion, enabling online filings.
Re notification of Appendix 37A amends the Handbook of Procedures to specify items eligible for export benefits under the Vishesh Krishi Upaj Yojana, reissuing a detailed schedule and Minor Forest Produce list, and deletes the note that excluded items described as 'Others' at the eight digit ITC(HS) level; the measure is issued to facilitate online filing of applications for export incentives.
Re-export of Goods Imported under DFRC Scheme found Unfit for Consumption
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Re-export of defective DFRC imports permitted under conditions; Customs issues certificate for CIF credit and DGFT reissues licence.
Re-export of goods imported under the DFRC scheme found defective or unfit may be permitted by the Commissioner of Customs if re-export occurs from the same port, within six months, the Assistant/Deputy Commissioner is satisfied about the goods' identity, and the goods were not used. On re-export, Customs will issue a Certificate evidencing CIF credit for the value debited against the original DFRC and detailing the original licence and goods; DGFT will issue a fresh DFRC for the credited value with validity equal to the remaining period of the original licence.
DFCE for Status holders & Target Plus Scheme.
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DFCE application filing to zonal office enables committee consideration for Status holders under the Target Plus Scheme.
Applications for DFCE by Status holders under the Target Plus Scheme must be filed directly to the Chennai Zonal Office with all prescribed enclosures for consideration by the designated Committee, following the procedures in the referenced public notices; the notice also records administrative approval and directs circulation to regional offices and councils.
Establishment of connectivity with both NSDL and CDSL- Shifting from Trade for Trade Segment (TFTS) to Rolling Segment
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Dual depository connectivity prompts shifting scrips from Trade-for-Trade to rolling trading absent other grounds by exchanges.
Companies that have established connectivity with both depositories should be shifted from the Trade for Trade Segment to the Rolling Segment unless there are other specific grounds for continuation in Trade for Trade; stock exchanges must review depository information, effect migration where appropriate, and report the action taken in the designated item of the monthly development report.
Heads of accounts for recently notified taxable services
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Service tax accounting codes prescribed for nine newly taxable services and education cess; assessees must use specified codes.
Notification prescribes new Heads of Accounts under Major Head "0044-Service Tax" for nine newly taxable services and for education cess, providing three-part accounting codes for each service-Tax Collection, Other Receipts (interest and penalty), and Deduct Refunds (for departmental use only)-and instructs that assessees be advised to use these codes when discharging service tax liabilities, with a Trade Notice to publicise the codes.
013 - 07-07-2005 VAT - Delhi
Sale of Kerosene Oil through PDS
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Taxability of kerosene through PDS: dealers must pay VAT at prescribed rate; officers ordered to verify returns promptly.
Sale of Kerosene Oil through the Public Distribution System is taxable at 4% VAT and must not be shown as exempt. Value Added Tax Officers and Assistant Officers are directed to scrutinise returns of dealers selling kerosene through PDS to ascertain correct tax payment and to conduct default assessments promptly where violations are found.

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