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Circulars
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E-filing of Service Tax Returns – Reg.
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E-filing of service tax returns extended to all taxable services; procedures, verification and penalty assurance for technical failures.
The Board extends e-filing of ST-3 returns to all taxable services, conditioned on assessees having and using the 15 digit STP code in challans (or furnishing challan copies if not previously used). The circular sets application timing, Commissioner-designated contacts, issuance of user id/password, download and submission procedures, generation of a computer-generated acknowledgement tied to STP code and payment details, and bank-data verification; it provides an assurance against invoking the statutory penalty for first-time e-filing failures but not for non-payment or mis-declaration, and requires manual filing if acknowledgement is not obtained within the prescribed period.
Section 9 of the Income-tax Act, 1961 - Income deemed to accrue or arise in India - Taxation of Business Process Outsourcing Units in India
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Permanent establishment attribution governs whether BPO activities in India generate taxable profits, depending on activity nature and arm's length pricing.
Where an IT enabled entity in India performs incidental functions (procurement of orders, concluding contracts, call centre services) for a non resident principal, the insignificant profit attributable to those functions may be treated as part of the permanent establishment's income in India if charges are at arm's length; no separate income accrues to the non resident apart from the PE income. If the Indian entity performs core revenue generating activities, substantial profits attributable to those activities are taxable in India in accordance with the relevant tax treaty and domestic law.
SEBI (Central Database of Market Participants) Regulations, 2003
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Unique Identification Number requirement mandates biometric registration and ongoing reporting; non-compliance attracts regulatory action from intermediaries
SEBI designates NSDL as the Designated Service Provider and requires specified intermediaries and related persons to obtain a Unique Identification Number (UIN), with natural-person applicants providing electronic biometric impressions and a photograph; applicants must supply truthful information and face specified regulatory action for false statements. Post-allotment continuing obligations include notifying changes to the MAPIN database within thirty days and ensuring related persons obtain or apply for UINs within thirty days. Depositories must amend bye-laws, notify participants, publish the circular, and report implementation to SEBI.
Registration/Renewal of Foreign Institutional Investors and Sub Accounts
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FII registration: SEBI mandates prescribed fee payment with applications; authorised dealers may open accounts for SEBI registered FIIs.
SEBI requires prospective FII applicants and renewing FIIs/sub accounts to submit the fees prescribed by the SEBI (Foreign Institutional Investor) Regulations, 1995 with their applications; authorised dealers, per RBI general permission, may open bank accounts for entities already registered with SEBI, and custodians must inform their FII clients of these requirements.
Apparel and Clothing Accessories - No Excise Duty on Sewing Threads, Labels, etc
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Concessional excise duty for cotton knitted apparel confirmed despite non cotton attachments, preserving preferential treatment.
Concessional excise duty for knitted or crocheted apparel made from pure cotton base fabric applies irrespective of use of non-cotton materials for stitching, fastening, holding, adornment or labeling; this clarification was effected by insertion of an Explanation into the relevant notification and given retrospective effect to the date of the original concessional notification under the enabling excise provision.
37/2003 - 31-12-2003 Companies Law
Simplified Exit Scheme
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Simplified Exit Scheme extended for a further three months to allow eligible companies additional time to exit.
Extension of the Simplified Exit Scheme for a further three months effective 1 January 2004, issued by the Department of Company Affairs in response to representations and directed to Regional Directors and Registrars of Companies to implement the extended timeline for exits under the existing administrative scheme.
Exemption under Central Excise Notification No. 6/2002-CE dated 1.3.2003, vide Sl. No. 181 for chargeability of CVD on Import of copper/brass from Nepal-reg
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Exemption for copper and brass imports from Nepal allowed on manufacturer declaration, subject to verification under Indo-Nepal treaty.
Exemption under the Central Excise Notification for countervailing duty on copper and brass imports from Nepal may be extended on the basis of a declaration by the Nepalese manufacturer because the Indo Nepal Treaty permits Indian Customs to verify manufacturing premises in Nepal; Indian Customs may undertake physical verification where imports are significant and circulate results to other formations, and field formations should finalise pending assessments accordingly.
T+2 rolling settlement - Cash Market - Risk Management
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VaR margin upfront collection required; adjust against collateral and release on pay-in, exchanges must amend rules.
SEBI requires VaR based margin to be collected upfront at the time of trade, to be collected or adjusted against additional capital or collateral in the prescribed form, and permits release of that margin along with the pay-in. Stock exchanges must implement the change after necessary software modifications, amend bye-laws and rules, notify members and publish the provisions, and report implementation status to SEBI as directed.
36/2003 - 29-12-2003 Companies Law
Cost Accounting Records(Milk Food) Rules,2001 – revision of Applicability clause
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Applicability of Cost Accounting Records narrowed to products defined as infant milk foods or erstwhile milk food definitions.
The Rules are confined to companies engaged in the production, processing or manufacture of (i) infant milk foods as defined in the erstwhile Infant Milk Foods rules, 1974, or (ii) milk food as defined in the erstwhile Cost Accounting Records (Milk Food) Rules, 1986; a notification implementing this revision will follow.
Certification of nexus under EPCG Scheme (Corrigendum)
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Certification of nexus under EPCG Scheme: corrigendum correcting a previously misstated D.O. letter date to the prior year.
Corrigendum to the EPCG Scheme nexus certification guidance: Para 3(iv) of Policy Circular No.20(RE-2003)/2002-07 is amended to correct the referenced D.O. letter date from 17.7.2003 to 17.7.2002; issued with approval of the Additional Director General of Foreign Trade.
Section 139 of the Income-tax Act, 1961 - Return of income - Clarification regarding filing of return of income by coffee growers, being individuals covered by rule 7B of the Income-tax Rules, 1962
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Filing obligation for coffee growers limited when deemed business income is subject to reduced taxable portions, relieving small growers.
Clarification that income from sale of coffee grown and cured by an individual is treated as deemed business income with a reduced taxable portion; individuals not covered by the first proviso need not file returns if their receipts from growing and curing coffee fall at or below the relief threshold corresponding to the lower taxable portion, and individuals engaged in growing, curing plus roasting and grinding need not file returns if their receipts fall at or below the lower threshold corresponding to the higher taxable portion.
20 - 23-12-2003 Income Tax
Issue of appellate Order within 15 days of the last hearing-reg.
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Timely appellate orders: require issuance within fifteen days of last hearing to prevent taxpayer hardship and administrative delay.
Appellate authorities must issue orders within 15 days of the last hearing or receipt of written submissions; non-compliance will be viewed adversely. The directive applies to Commissioners of Income-tax (Appeals) and to CIT (Administration)/CCIT for matters within their purview under Income-tax and allied direct tax provisions, and strict compliance is required by the Board.
19 - 23-12-2003 Income Tax
Clarification as regards Instruction No. 1979 dated 27/3/2003 and Instruction No. 1985 dated 29/6/2000-reg.
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Non-retrospective application confirmed: specified tax instructions operate prospectively and are administrative in nature.
The communication clarifies that the specified income-tax Instructions operate prospectively, are not retrospective in application, and are administrative in nature governing future administrative conduct and implementation.
18 - 23-12-2003 Income Tax
COD references in the case of PSUs-Documents to be enclosed while making references to the Board-reg.
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COD referral documentation: ensure complete supporting orders, Chief Commissioner approval, and specified column disclosures for Board consideration.
Proposals referring PSU disputes to the COD must be accompanied by multiple copies of all relevant documents-referral notes, assessment orders, and appellate orders including those from earlier years-and the comments and approval of the Chief Commissioner. Column 2(c) must state the amount in dispute with the quantum of tax effect (notional effect in loss cases); Column 7 must identify exceptions or relevant material and state appeal status. Latest telephone and fax numbers must be included.
17 - 23-12-2003 Income Tax
Request for priority hearing of appeal in ITAT in cases involving disputed demand of Rs. 10 crores and above-reg.
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Priority hearing for high-value tax appeals promotes expedited dispute resolution and faster recovery of disputed demands.
Board directs Chief Commissioners of Income-tax and Director-Generals of Income-tax (Inv.) to request the ITAT for priority hearing in appeals where the demand in dispute is Rs. 10 crore or more to expedite dispute resolution and facilitate recovery, and requires strict compliance with the instruction.
Exemption for defibrillators of external use under CN. 21/2002 (Sl. No. 363A)
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Classification of defibrillators as external use determines higher import duty treatment even when supplied with internal paddles.
Classification: DC defibrillators imported with internal paddles are to be treated as defibrillator for external use, because internal paddles used intraoperatively do not change the device's external-use character when imported in a combined configuration. Consequently, such imports attract the standard external-use import duty treatment rather than the concessional internal-use notification benefit; field formations were instructed to finalise pending assessments accordingly.
Indo-Sri Lanka Credit Agreement dated October 15, 2003 for USD 30 Million
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Line of credit facilitates stipulated exports under approved contracts, via letters of credit and FEMA issued directions.
A government-to-government line of credit to Sri Lanka finances eligible exports from India-capital goods, consultancy services, consumer durables and specified food items-on 100% f.o.b. basis through letters of credit opened by Sri Lankan banks and advised to State Bank of India, New Delhi, containing a prescribed reimbursement clause; contracts require bilateral approval and submission to the Ministry of Finance, and shipments must be declared on prescribed export forms. These directions are issued under Sections 10(4) and 11(1) of the Foreign Exchange Management Act.
Release of Foreign Exchange for Miscellaneous Remittances
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Release of Foreign Exchange: remittance threshold increased allowing miscellaneous current-account transfers with only a simple letter and cheque/DD.
Authorised Dealers may release foreign exchange up to USD 5000 for permissible current account miscellaneous remittances on the basis of a simple letter from the applicant stating names and addresses of applicant and beneficiary, amount and purpose; no Form A-2 or other documents are required, provided payment is by cheque on the applicant's bank account or by demand draft and the transaction is not included in Schedules I and II of the Government Notification on Current Account Transactions.
Secondary Market for Corporate Debt Securities - Clarifications
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Privately placed corporate debt rules permit listing and trading in standard market lots subject to prescribed disclosures.
Clarifies that SEBI's requirements govern listing and trading of privately placed debt securities issued on or after the circular date and existing issues subject to a transition deadline, excluding instruments with maturity under 365 days. Issuers must make prescribed initial and continuing disclosures, may host disclosures on exchange websites for standard denominations, and may file umbrella offer documents. Intermediary engagement is discretionary but accountable; no SEBI vetting or mandatory deposit applies. Securities must be dematerialised, carry a SEBI-registered credit rating, and may trade in a separate anonymous order-driven segment in the standard marketable lot.
Filing of Import Manifest before arrival of the vessel or aircraft -reg
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Import manifest filing: registration and advance electronic submission required to ensure manifests lodged before vessel or aircraft arrival.
Persons delivering import manifests under section 30 must register with the Jurisdictional Commissioner in the prescribed form, supported by a bond and bank guarantee, and file import manifests in advance. Master-level filing responsibility lies with the person in charge of the vessel or aircraft or their agent; house-level details may be filed by an "any other person" authorised to issue delivery orders, provided they are registered. Where EDI is in operation, manifests shall be filed electronically; specified advance timelines apply to vessels and flights, and vessel stores lists must state departure quantities and estimated consumption.

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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