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Circulars
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FEMA 1999 - Imports into India – Direct Receipt of Import Bills/Documents - Liberalisation
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Direct receipt of import bills: RBI liberalises thresholds for authorised dealers to accept supplier sent documents, easing import remittances.
Reserve Bank of India liberalises the direct receipt of import bills/documents by raising the monetary thresholds that permit importers to receive supplier sent documents and for authorised dealers to make remittances against such bills. Eligible categories include wholly owned Indian subsidiaries of foreign companies, recognised trading/export houses, export oriented units, public sector undertakings and limited companies, and certain institutional imports (books, life saving drugs/equipment for hospitals, and reputed research institutions). Authorised dealers may allow direct bills outside these categories at the revised threshold only after satisfactory due diligence and obtaining supplier reports from overseas bankers or reputed credit agencies.
01/2004 - 06-02-2004 Companies Law
Constitution of a Committee to administer the Investor Education and Protection Fund established by the Central Government
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Investor Education and Protection Fund committee constituted to administer the fund; notification circulated to regional directors and registrars.
Constitution of a Committee is announced to administer the Investor Education and Protection Fund. The circular forwards the Gazette Notification constituting the Committee to Regional Directors and Registrars of Companies, directs them to take necessary action under the notification, and requests acknowledgment of receipt for administrative implementation and compliance.
REVISED MONTHLY CUMULATIVE REPORT (MCR)
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Monthly Cumulative Report format revised to require average AUM, investor counts and Fund of Funds data in monthly filings.
The circular amends the Monthly Cumulative Report format, requiring mutual funds to disclose average assets under management, total number of investors in schemes, and specific Fund of Funds data, and directs submission of the MCR in the revised format commencing with the first applicable monthly report after issuance. The amendment is issued under Regulation 77 and applies to all registered mutual funds and the industry association.
Assessment of prime steel sheets/coils/plates/Tin plates etc. Instructions – reg.
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Mill test certificate requirement: prime steel consignments accepted only with manufacturer-issued certification confirming quality and markings.
Consignments of H.R./C.R. steel sheets, coils, plates and tin plate declared as prime or stock lot must be supported by a manufacturer-issued mill test certificate certifying standard, heat number, quality, chemical composition, mechanical properties and related particulars for individual coils/plates/packages; dock officers must compare certificate details with goods markings and may treat consignments as defective if the certificate is not produced, affecting acceptance of the prime/stock lot claim and clearance.
Foreign Exchange Management Act, 1999 – Amendments to Foreign Exchange Management Regulations
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Amendments to Foreign Exchange Management Regulations notify authorised dealers of regulatory changes affecting derivatives, foreign loans, ODI, and property.
Amendments to the Foreign Exchange Management Regulations revise permissions and operational rules for cross border transactions in six areas: risk management and inter bank dealings and derivatives; forward cover for foreign institutional investors; foreign currency borrowing in India to holders of specified foreign currency deposits; liberalised overseas direct investment under the automatic route; acquisition of immovable property outside India by branches/trading offices; and enlargement of booking forward contracts. Authorised dealers are to inform constituents and the directions are issued under statutory authority of the Foreign Exchange Management Act.
DFCEC Scheme for Service Providers - importability of capital goods/equipments under DFCEC Scheme for Service Providers- reg
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Importability of capital goods under DFCEC Scheme now permitted for service providers, enabled by recent DGFT and customs notifications.
Import of capital goods necessary for rendering services by eligible service providers is permitted under the DFCEC Scheme. A government notification and customs amendment operationalise authorisation for importation of any capital goods required for service delivery under the Scheme, and the Circular expressly supersedes earlier restrictive guidance disallowing such imports.
Admissibility of DEPB benefits in respect of supplies made by DTA Units to SEZ Units -reg
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Admissibility of DEPB benefits remains suspended for supplies from DTA units to SEZ units until SEZ chapter brought into operation.
Admissibility of export credit under the DEPB Scheme for supplies by DTA units to SEZ units is suspended until Chapter XA of the Customs Act is brought into operation; prior administrative extensions lack legal effect, and where benefits were granted earlier recovery action must be initiated while customs formations issue public and standing notices for guidance.
01 - 05-02-2004 Income Tax
Requirement of Tax Clearances Certificate in Exceptional cases of persons domiciled in India
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Tax clearance requirement may be imposed for departing residents when financial irregularities or significant direct tax arrears risk revenue.
The amendment limits departing residents to furnishing PAN, purpose and estimated stay, but permits a tax clearance certificate in exceptional cases after Chief Commissioner approval where departure would prejudice revenue-notably for persons involved in serious financial irregularities or with substantial unstayed direct tax arrears-with the authorized Assessing Officer informing immigration authorities.
Certification of agents/distributors and employees
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Certification requirement for mutual fund sales personnel mandates certified staff for sales and investor-facing roles; limited senior exemptions.
Personnel of mutual funds and asset management companies engaged in sales, marketing or investor-facing functions must complete an industry certification by the compliance deadline; thereafter only certified personnel may be engaged for those activities. Designated senior employees and certain senior agents/distributors meeting experience criteria are exempt from the certification test but must attend a required refresher course and submit a certificate of attendance; AMCs must notify qualifying exempt distributors from the roster as of the reference date.
Jurisdiction of Chief Commissioners of Central Excise relating to allocation of Appeal cases within their respective jurisdictions amongst Commissioners of Central Excise (Appeals) – regarding.
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Concurrent jurisdiction allows allocation of appeal cases across a zone through internal allocation mechanisms to expedite disposal.
Amendments grant concurrent jurisdiction to Commissioners of Central Excise (Appeals) across their zone and extend the Chief Commissioner's authority to specify individual Commissioners' jurisdictions and to allocate additional charges or individual appeal cases among Commissioners within the zone to facilitate early disposal, while preserving the norm that each Commissioner ordinarily handles appeals from specified Commissionerates unless reassigned by Chief Commissioner orders.
Amendment/correction in the schedule of DEPB rates
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DEPB schedule amendment updates export incentive rates, value caps and inserts new product entries under policy authority.
Amendment to the Schedule of DEPB rates revises product descriptions, adjusts DEPB percentages, fixes value caps and inserts new entries across product groups; includes an ad-hoc DEPB rate with a temporal validity and firm-specific applicability, and implements rate and cap changes for chemicals, plastics and electronics under authority of the Export and Import Policy and Handbook of Procedures.
Co-operation of the Trade sought during Computer Training to the staff
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Computer training may cause temporary processing delays; trade requested to cooperate to facilitate system implementation and improve efficiency.
The office is conducting phased Computer Training for all staff to support automated systems and Online Processing of digitally signed applications. Deputation of staff to training may temporarily reduce processing capacity and cause some case delays. Trade members are requested to cooperate and bear with the office while the training is carried out; the exercise is intended to improve operational efficiency and ultimately reduce exporters' transaction costs, and efforts will be made to minimise disruption.
Liberalised Remittance Scheme of USD 25,000 for Resident Individuals
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Liberalised remittance limit for resident individuals permits annual outward transfers for current and capital account purposes.
Resident individuals may remit under a liberalised annual limit for any current or capital account purpose; they may acquire foreign assets and open foreign currency accounts abroad without prior central bank approval. Remitters must designate an AD branch, submit the prescribed application cum declaration certifying purpose and source of funds, and authorise debit. ADs must apply KYC and anti money laundering safeguards, verify account history or perform enhanced due diligence for new customers, ensure funds originate from the remitter, certify conformity with exclusions and report transactions to the Reserve Bank.
Investment by International Financial Institutions in Govt. Securities
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Investment by multilateral development banks in government securities permitted with repatriation and approved fund account payment options.
Authorization permits Multilateral Development Banks approved by the Government to purchase government dated securities, with payment by inward remittance or from an approved fund account; net sale proceeds after taxes may be remitted abroad or credited to the approved fund account, following amendments to the FEMA regulations.
Issuance of Digital Certificate for filing online applications
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Digital signatures enable mandated online submission and discounted fees for export licence applications; password filing discontinued.
The DGFT has instituted digitally signed online filing by partnering with a third-party provider to supply a digital-signature package enabling exporters to sign and file import-export licence applications and make electronic payments; a reduced fee applies to digitally signed online applications and the previous password-based electronic filing facility will be discontinued by the announced transition date.
Liberalised remittances facilities to NRIs/PIO and Foreign Nationals
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Liberalised remittance facility enables repatriation of India-held assets for NRIs, PIOs and eligible foreign nationals under conditions.
The circular permits NRIs, PIOs and specified foreign nationals to repatriate India-held assets and proceeds for bonafide purposes, subject to documentary proof of acquisition, an undertaking and tax-compliance certification. Eligible funds include sale proceeds of immovable property, inherited assets, bank deposits, provident/superannuation balances, insurance maturities, and sale proceeds of securities. Repatriation must be routed through authorised dealers and banking channels; multiple instalments must use the same dealer. A 10-year holding requirement applies to immovable property acquired from rupee funds unless proceeds are traceably retained or reinvested; no lock-in applies to inherited or foreign-currency acquired property.
Exemption from Declaration of Export of Goods and Software
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Exemption from declaration for low-value exports waives form filing while preserving repatriation and KYC obligations.
The circular waives the requirement to submit Form GR/SDF/PP/SOFTEX for exports of goods and software below a revised low-value threshold, while maintaining the exporter's duty to realise and repatriate foreign exchange. Authorised Dealers must apply KYC and verify source of funds before certifying receipts as export proceeds; reporting exemptions for such exports apply to designated half-yearly statements. The change is effective from the notified date and issued under the foreign exchange statutory powers referenced in the circular.
External Commercial Borrowings (ECB)
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External Commercial Borrowings liberalisation permits corporate real sector ECB under automatic route, subject to maturity, cost and reporting rules.
The circular creates a two route framework for External Commercial Borrowings: an Automatic Route permitting corporates (excluding financial intermediaries) to raise ECB from recognised lenders for real sector and defined infrastructure investment subject to prescribed minimum average maturities, all in cost ceilings, end use prohibitions, security and parking rules; and an Approval Route for institutions and cases outside automatic limits, processed through authorised dealers and an RBI Empowered Committee. Reporting, loan registration prior to drawdown, disclosure on the RBI website, and extension of the regime to FCCBs are mandated.
DFCEC Scheme for Service Providers – importability of capital goods/equipments under DFCEC Scheme for Service Providers – reg
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Restriction on agricultural and dairy imports bars duty free entry of all agriculture derived products under DFCEC schemes to protect domestic sector.
The DFCEC Schemes exclude all agriculture and dairy products from duty free import by Status Holders and specified Service Providers; this prohibition covers any product derived from agriculture/dairy origin, including crude edible oil, because allowing such imports would circumvent tariff protections created to safeguard the domestic agriculture and dairy sectors. Customs field formations are to be guided by Public Notices and Standing Orders to enforce this restriction.
Revision of All Industry Rates of Drawback, 2003-2004- reg
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Duty drawback rate revision mandates updated drawback table and EDI records following customs and excise duty changes.
Revision of the All Industry Rates of duty drawback was effected by amending Notification No.26/2003 Customs (N.T.) to reflect changes in customs and central excise duties; the revised rates were notified via Customs Notification (N.T.) No.12/2004 and are effective from 9 February 2004. The circular directs immediate updating of the EDI Directory and the DAT drive to incorporate the new drawback rates.

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