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Circulars
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Accounting of collection of "Education Cess"
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Education Cess accounting: new minor head established and amounts under Receipt Awaiting Transfer must be moved to it.
Direction establishing a provisional Minor Head "504-Education Cess" under the relevant Major Heads and assigning numeric and serial codes; Principal Account Offices must account new levy receipts under Receipt Awaiting Transfer (RAT) pending the new Heads, transfer amounts lying in RAT to the newly opened Heads when operational, and inform Commissioners of Central Excise and Customs of the eight digit serial codes so they may issue a Trade Notice for assessees.
Subject : Accounting of collection of “Education Cess”.
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Education cess accounting: new provisional head established and amounts to be transferred from Receipt Awaiting Transfer.
Collections of the Education Cess are to be accounted provisionally under the Sub Head "Receipt Awaiting Transfer" within the Major Heads for Customs, Union Excise Duties and Service Tax; a dedicated Minor Head for Education Cess has been provisionally opened with specific numeric and serial codes, and amounts held under RAT are to be transferred to the new Heads once official eight digit serial codes are communicated to Commissioners who will issue Trade Notices.
09/2004 - 06-12-2004 Companies Law
Circulation of Notification No. G.S.R. 766(E)
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Companies Auditor's Report amendment circulated for information and necessary action to regional offices and registrars.
Circulation of the Notification publishing the Companies (Auditor's Report) (Amendment) Order, 2004 (G.S.R. 766(E)) is sent to Regional Directors and Registrars of Companies for information and necessary action, with a requirement that recipients acknowledge receipt.
Section 192 of the Income-tax Act, 1961 - Deduction of tax at source - Salaries - Income-tax deduction from salaries during the financial year 2004-2005 under section 192
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Tax deduction at source on salaries: rules for rates, perquisite valuation, employer obligations and electronic TDS compliance.
Deduction of tax at source under Section 192 requires employers to estimate taxable salary (including taxable perquisites), compute income-tax at prescribed rates, deduct tax on average from each salary payment and deposit it to Government within prescribed time; employers may opt to pay tax on non-monetary perquisites themselves, treated as deemed TDS. Employers must obtain/quote TAN and PAN, furnish prescribed certificates (Form 16/Form 16AA) and particulars of perquisites (Form 12BA), file periodic electronic/quarterly and annual TDS statements, verify employees' claims for other incomes or house-property loss via prescribed declarations, maintain specified records for perquisite valuation, and observe penalties, interest and prosecution provisions for defaults.
Allocation of preferential quota for exports to USA
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Preferential tariff rate quota for raw sugar exports maintained; designated agency export certification procedures continue unchanged.
Allocation of a preferential tariff rate quota for raw sugar exports to the USA is made under the Foreign Trade Policy 2004-2009 in favour of M/s. Indian Sugar Exim Corporation Ltd., the designated agency for exports to EU and USA, referencing the applicable ITC(HS) Schedule classification; existing procedures for issuance of GSP certificates and other export-specific certification requirements continue to apply.
Submission of information in conformity with provisions contained in Annexure I to Appendix 10 of Hand Book of procedures (Vol.I) in respect of applications for grant of Advance Licences under Para 4.7 of Hand Book of Procedures (Vol.I)
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Advance licence documentation compliance: submit Annexure I technical and licence documents or risk administrative return of application.
Submission of complete technical and commercial information in conformity with Annexure I to Appendix 10 is required for Advance Licence applications under Para 4.7. The Advance Licensing Committee noted deficiencies, especially non submission of Annexure I documents for Chemicals & Plastics and missing self certified Drug Manufacturing Licence copies. A revised Annexure I checklist is attached; applicants must provide the specified product specific technical disclosures, process flow, material balances, yields, solvent recovery, purity data and relevant licences, otherwise applications may be returned or rejected.
Limit for investment by FIIs in Corporate Debt
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FII investment limits: separate cap for government debt and an additional sub ceiling for corporate debt under ECB rules.
SEBI prescribes separate ceilings for FII debt investments: a cap applies to dated Government securities and T bills (under both 100% debt and 70:30 routes), and a cumulative sub ceiling is fixed for FII investments in corporate debt that is additional to the government debt sub ceiling within the overall ECB ceiling; custodians are required to notify FII clients of these limits.
Constitution of an Expert Committee to advise the Government on the new Company Law
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Company law reform: expert committee to advise on a simplified, flexible statute balancing stakeholder protection and modern business needs.
An Expert Committee is constituted to advise on revision of the Companies Act, 1956 to create a simplified, compact law. The Committee comprises a Chairperson, nominees from central ministries, industry and professional bodies, representatives of banks and financial institutions, senior advocates, and designated special invitees. Secretariat support is to be provided by the Ministry of Company Affairs. Its terms of reference include recommendations on stakeholder responses, statutory compactness, clarity of provisions, rulemaking flexibility and protection of stakeholders and investors, and it must submit a report to the Ministry within a specified short timeframe.
Filing of Applications through digital mode
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Digital signature requirement: traders must adopt the new electronic filing system to replace the password-based ECOM before the cutoff.
The notice requires traders to obtain digital signatures and migrate from the ECOM password-based filing system to the new electronic filing process promptly, urging early compliance to avoid last-minute congestion and processing disruptions when the ECOM system is discontinued.
Applications for grant of GSP Certificate
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GSP Certificate jurisdiction clarified: file applications with the licensing authority for the applicant's registered office, branch, or factory.
Applications for a GSP Certificate must be submitted by the registered/head office, branch office, or factory to the licensing authority having territorial jurisdiction over that office or factory; only applications meeting this jurisdictional filing requirement will be processed, while other applicants should approach the concerned licensing authorities or other designated issuing agencies listed in the relevant appendix.
Exim Bank's Line of Credit of USD 27 million to Government of Vietnam
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Line of Credit to Vietnam: export financing available with specified shipment declarations, limited commission for after sales service, and set timelines.
The circular announces Exim Bank's Line of Credit of USD 27 million to the Government of Vietnam to finance specified categories of exports from India, sets the final dates for opening letters of credit and for disbursement, requires shipments to be declared on GR/SDF forms, and prescribes agency commission rules-generally no commission but permitting up to 5% for goods requiring after sales service with prior approval and specific reimbursement mechanics. Authorised dealer banks must notify exporter constituents and advise them to seek full LOC details from Exim Bank; the direction is issued under foreign exchange statutory provisions.
Registration of FIIs and their Sub-Accounts under the Central Database of Market Participants (MAPIN database) - Clarifications
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MAPIN registration requirement for foreign institutional investors clarified; Form B modified and documentation eased, and fee payment consolidated.
FIIs and their sub-accounts must obtain a Unique Identification Number under the MAPIN regime; SEBI issued a revised Form B and clarifications expanding acceptable proof of address to include SEBI application and approval letters (or SEBI custodian-change letters), specified that Part B need not include net-worth for FIIs/sub-accounts, required relationship entries and notarized power of attorney for authorised representatives in Part C, noted that GDR/FDI investors are not specified investors, and allowed custodians to remit registration fees by consolidated demand draft.
Exporter shall have the flexibility to fix the price and repay the Gold Loan within 180 days
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Repayment flexibility for exporter's gold loan; price fixation allowed within specified post-export period under DGFT notice.
The amendment permits the exporter discretion to fix the price and to repay the Gold Loan within the prescribed repayment window measured from the date of export, as a procedural adjustment to export financing terms under the Handbook of Procedures.
Amendments/additions/corrections in DEPB rates realted to Engineering product group
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DEPB schedule amendment updates engineering product classifications and inserts distinct DEPB entries with specified rates and caps.
Amendment to the DEPB Schedule for Engineering Product Code 61: the export item description at Sr. No. 497 is amended to specify thin-walled engine bearing bushings and thrust washers in steel-backed copper-based high tin alloy. Entry Sr. No. 530 is deleted and replaced, effective 06.10.2004, by 530A for forged alloy steel machined parts/components ( 90% by weight) with DEPB rate 10% and value cap Rs.175/Kg, and 530B for forged stainless steel machined parts/components ( 90% by weight) with DEPB rate 10% and value cap Rs.400/Kg.
Grant of Deemed export benefits on supply of goods to nuclear power projects
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Deemed export benefits for nuclear power project supplies apply based on date of supply, subject to policy conditions.
Deemed export benefits for supplies to nuclear power projects apply to supplies made on or after 21.12.2001 and are determined by the date of supply irrespective of the contract date, subject to fulfillment of Policy and Handbook parameters and timely submission of prescribed application and documents. If the project authority has paid the excise duty component to the supplier, the benefit will be given to the project authority upon a supplier disclaimer.
Import of new vehicles with Left Hand Steering and Controls for R & D purpose- Clarification regarding Import Policy
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Left-hand steering vehicle imports for R&D permitted; must not meet right-hand steering requirement and must remain unregistered off-road.
Imports of new vehicles with Left Hand Steering for R&D by vehicle manufacturers are exempted from the Right Hand Steering requirement under the Import Licensing Notes; importers must ensure such vehicles are kept off the road and not registered under the Central Motor Vehicle Rules, 1989.
ECB Limit
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ECB investment cap applies only to dated government securities and T bills, excluding corporate debt for limit monitoring.
The ECB cap on FII debt investments is limited to dated Government Securities and Treasury Bills under both the 100% debt route and the general 70:30 route; corporate debt and other securities are excluded and will not be reckoned against the cumulative debt investment ceiling, with FIIs' 100% debt route investments in dated Government Securities and T Bills monitored against individual allocated limits.
Extension of time limit for implementation of the Model Tripartite Agreement
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Implementation deadline for Model Tripartite Agreement extended to allow brokers and sub brokers additional time for compliance.
The circular postpones the operative date for the Model Tripartite Agreement between brokers, sub brokers and clients from December to January to address software, system and administrative constraints; exchanges must notify member brokers and publish the circular, and the extension is issued under SEBI's regulatory powers to protect investors and regulate the securities market.
Amendments/additions/corrections in Standard Input output norms
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Amendment to Standard Input-Output Norms updates permitted import inputs and adds new chemical and engineering SION entries.
Public Notice amends the Handbook (Vol.2) Standard Input Output Norms by making targeted substitutions, deletions, corrections and additions. It adds Chemicals entries A-3422 to A-3470 and Engineering entries C-1995 to C-2006 specifying permitted import inputs and quantities for enumerated export items, revises several existing norms and quantities, deletes certain entries, and introduces a general note requiring steel imports to be prime. One substituted norm is made retrospectively effective.
New DEPB rates for Plastics products and corrections in Engineering product group
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DEPB rate amendments update export entitlement rates and value caps for plastics and engineering exports.
Amendments update the Schedule of DEPB rates and value caps for specified engineering and plastics export product groups. The Notice deletes certain product codes, reclassifies products into alloy and non-alloy or size/material-specific subitems, and assigns distinct DEPB rates and value caps per piece, per kilogram or per square foot for each listed plastics and engineering item. These administrative corrections and additions govern exporter entitlements under the DEPB Schedule annexed to the Public Notice.

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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