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    Raising the Monetary Ceilings for Write-off and Reconstitution of Committees.
    Seizure of imported goods accompanied by import/duty paying documents - Regarding
    Grant of refund of duty on petrol supplied to President, Vice-President, Governors, Diplomatic missions, including diplomatic officers and U.N. specia...
    Applicability of service tax on commission income earned on distribution and marketing of units of m
    Payment of service tax in case of advance payment of value of services.
    Fixation and modification of input and output norms
    New Central Excise Registration Procedure for manufacturers of hand rolled cheroot of tobacco under Sub-Heading No.2402.00 of Central Excise Tariff Ac...
    Clarification regarding adequate infrastructure to be provided by custodian for their computerisation and link with the customs EDI at ICDs /CFS- reg...
    Clarification regarding availability of clearance based exemption to the textile traders
    Condonation of delay in filling I.T. returen under section 119(2)(b) of the I.T. Act, 1961 and allowance of refund-regarding.
    Trading by FIIs and NRIs in Exchange Traded Derivative Contracts
    Export under Bond and under claim of rebate – amendment in Ntf. No.40/2001-CE(NT) and No.42/2001-CE(NT), both Dt. 26/06/2001 – change in the defin...
    Disclosure regarding change in shareholding pattern, to the stock exchange(s)
    Model Bye – laws of stock exchanges
    Service tax on Advertising Agency
    Amendment of Section 61 of the Customs Act, 1962 regarding interest free warehousing period - Clarification thereto - reg
    Export of Goods and Services - Project Exports
    Import of Silver/Platinum against Letter of Authority issued by Nominated Agency
    Procedure for import of certain items under the India-Nepal Treaty of Trade signed on 2.3.2002-amendment therein
    Central Excise Registration - Ntf. No. 49/2003-CE and No. 50/2003-CE, Dt. 10/06/2003
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Circulars
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14 - 06-11-2003 Income Tax
Raising the Monetary Ceilings for Write-off and Reconstitution of Committees.
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Write-off Ceilings Increased: expanded three-tier committee structure and redefined authority for approving irrecoverable direct tax dues.
Instructions raise monetary ceilings for write-off of irrecoverable direct tax dues and create a three-tier committee structure (Local, Regional, Zonal) with specified officer-level constitutions and distinct jurisdictions. Administrative approval levels are redefined according to monetary bands, with higher-level committee consideration and escalation to full board or ministerial approval for larger amounts. Ad-hoc and summary procedure ceilings and certificate thresholds are increased; all other existing write-off procedures remain applicable and routing of proposals through recovery channels continues.
Seizure of imported goods accompanied by import/duty paying documents - Regarding
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Seizure of imported goods must not occur when accompanied by genuine import documents; burden to prove smuggling rests on department.
Seizure of imported goods accompanied by import or duty paying documents is constrained by the evidentiary position of the department: unless goods have been notified under the Customs Act for mandatory confiscation, the burden of proving that such goods are smuggled goods rests on the department; field formations must therefore exercise caution and refrain from seizure where documents are genuine.
Grant of refund of duty on petrol supplied to President, Vice-President, Governors, Diplomatic missions, including diplomatic officers and U.N. specialized agencies- sanctioning authority
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Sanctioning authority for petrol duty refunds revised, permitting lower-tier excise officers to sanction larger claims; senior commissioners retain higher claims.
Refunds of duty on petrol supplied to specified dignitaries and diplomatic entities are subject to a revised sanctioning authority framework: Deputy/Assistant Commissioners of Central Excise (Technical) may sanction petrol refund claims where the technical post exists, while higher value claims continue to require sanction by Additional/Joint Commissioners (P&E)/(P&V) of the Commissionerate.
Applicability of service tax on commission income earned on distribution and marketing of units of m
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Service tax on mutual fund distribution commissions: commission income taxable as business auxiliary services, exemption for goods agents inapplicable.
Commission income from distribution and marketing of mutual fund units is characterised as services of a commission agent falling within Business Auxiliary Services, and therefore is liable to service tax. The exemption applicable to commission agents dealing in sale or purchase of goods does not extend to mutual fund distribution, so the goods-related exemption notification is inapplicable.
Payment of service tax in case of advance payment of value of services.
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Service tax liability on advance payments requires pro rata allocation when services become taxable after payment.
When advance amounts are received for services rendered after those services become taxable, the service provider must pay tax on the portion of the value attributable to the taxable period; advance receipts are taxable only to the extent they have a nexus with services provided post commencement and should be allocated pro rata to the relevant month/quarter. A limited prior clarification exempted maintenance contracts invoiced and paid before the tax commencement date, but no general exemption for advance payments of other services exists.
Fixation and modification of input and output norms
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Input-output norms modification: revised import inputs and conditional allowances for specified export items under the handbook.
Administrative amendment to the Handbook of Procedures, Vol.2, revises Standard Input-Output Norms by substituting, correcting, deleting and adding detailed input lists and quantities for chemical, engineering, plastics, textile and miscellaneous export items; specifies conditional allowances (including AU conditions), net-to-net and per kilogram content bases, alternative input options, corrected import descriptions, and annexural insertions to be applied in processing advance licences and import authorisations.
New Central Excise Registration Procedure for manufacturers of hand rolled cheroot of tobacco under Sub-Heading No.2402.00 of Central Excise Tariff Act, 1985
Show AI Summary
Simplified registration for hand-rolled cheroot manufacturers permits excise registration even without PAN, with association-facilitated applications.
Central Excise registration for hand-rolled cheroot manufacturers under Sub Heading 2402.00 is streamlined by permitting trade associations to collect applications for submission at Divisional headquarters, issuing a simplified exclusive registration form for new entrants, and relaxing the standard PAN-based registration requirement so that registration may be granted in the absence of PAN. Existing registrants need not reapply. Commissioners and field officers are instructed to facilitate, educate, publicise, and assist applicants to minimise departmental interference.
Clarification regarding adequate infrastructure to be provided by custodian for their computerisation and link with the customs EDI at ICDs /CFS- regarding
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Adequate infrastructure allocation requires custodians to complete site works and connectivity while Customs supplies IT equipment.
Custodians must perform site preparation (civil/electrical works, fittings, air conditioning), provide DG power backup and establish the link to the Customs EDI server; Customs will provide LAN and networking components, communication equipment, UPS, servers, PCs, terminals, printers and other peripherals, with annual maintenance borne by the supplying agency.
Clarification regarding availability of clearance based exemption to the textile traders
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Clearance-based exemption: job worker treated as manufacturer, affecting exemption eligibility and registration and duty obligations.
For goods made on job work the job worker is the manufacturer for the purpose of notifications 34/2003 CE and 35/2003 CE; exemption thresholds apply to the job worker's total clearances, with value determined under statutory valuation rules. If aggregate clearances exceed the threshold, exemption ceases and duty is payable, requiring the trader who commissions job work to register and discharge duty or follow prescribed procedures. Cutting alone does not constitute manufacture where finishing by the job worker creates the marketable readymade garment, and units availing these notifications may not send inputs or semi finished goods duty free for job work.
12 - 30-10-2003 Income Tax
Condonation of delay in filling I.T. returen under section 119(2)(b) of the I.T. Act, 1961 and allowance of refund-regarding.
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Delegation of condonation powers for delayed income tax refund claims expands CCIT authority while higher claims remain with the Board.
Condonation of delay in filing returns and claiming refunds is regulated by revised delegation: CCIT may accept or reject delayed refund claims within an enhanced monetary limit, with their decision final at that level; CITs retain authority for lower claims; claims above the CCIT limit remain with the Central Board. Delayed refund claims will be subject to scrutiny. The CCIT's delegated powers are conditional: refunds must arise from excess TDS/TCS or advance tax payments; income must not be assessable in another person's hands; no interest on belated refunds; first time returns may be directed to regular assessment before refund; claims older than six assessment years are excluded; not applicable to years before assessment year 1996-97.
Trading by FIIs and NRIs in Exchange Traded Derivative Contracts
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FII and NRI position limits modified for exchange-traded derivatives, with exchange monitoring, client coding, and disclosure obligations.
Revised FII position limits and defined NRI position limits apply to exchange-traded single-stock and index derivative contracts. FIIs face percentage-based or fixed-cap limits tied to market-wide position limits; index FII limits remain unchanged. NRIs trade subject to client-level limits and disclosure for concerted index holdings. NRI single-stock derivative exposure is limited by the higher of a percentage of free-float market capitalisation or a percentage of open interest, measured across all derivative contracts on the underlying at an exchange. Exchanges must monitor positions, assign unique client codes for NRIs, and enforce disclosure and monitoring procedures.
Export under Bond and under claim of rebate – amendment in Ntf. No.40/2001-CE(NT) and No.42/2001-CE(NT), both Dt. 26/06/2001 – change in the definition of ‘Maritime Commissioner’
Show AI Summary
Designation of Maritime Commissioner: exporters may execute bonds or lodge rebate claims at commissioner with export jurisdiction.
Amendment expands the definition of Maritime Commissioner to mean the Commissioner of Central Excise whose jurisdiction includes one or more ports, airports, land customs stations or post offices of exportation, enabling exporters to execute bonds or lodge rebate claims at the Commissionerate where the export point is located; Commissioners must designate officers accordingly, publicise the change to exporters, and report designated locations to the Board.
Disclosure regarding change in shareholding pattern, to the stock exchange(s)
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Disclosure of Shareholding Changes: Exchanges must ensure listed companies report shareholding pattern changes and enforce compliance.
Listed companies must report changes in shareholding and sales by concerned persons under the listing agreement and the insider trading and takeovers regulations. Stock exchanges are required to notify issuers of these obligations, implement systems to monitor compliance, take appropriate action for non compliance, and report the status of implementation to the regulator in the Monthly Development Report.
Model Bye – laws of stock exchanges
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Model bye laws compliance obliges exchanges to amend bylaws and report implementation to regulator, enhancing investor protection.
Model Bye laws require stock exchanges to amend any inconsistent bye laws and immediately implement relevant rules and regulations. Exchanges must notify member brokers and clearing members, publish the provisions for investor access, and report implementation status in the monthly development report. Upon completion, exchanges must submit a declaration confirming adoption or incorporation of the Model Bye laws. The circular invokes statutory powers to protect investor interests and to regulate and develop the securities market.
Service tax on Advertising Agency
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Advertising agency scope: space-selling alone not taxable; canvassing with preparation or layout attracts service tax.
If canvassing is limited to space selling - contacting potential advertisers and procuring orders while leaving drafting and layout to the advertiser or publisher - such services are not liable to service tax. If canvassing includes receiving advertisement texts, estimating space, negotiating price, or forming the general layout that will appear in the publication, those activities are liable to service tax under Advertising Agency Services.
Amendment of Section 61 of the Customs Act, 1962 regarding interest free warehousing period - Clarification thereto - reg
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Interest-free warehousing period extended; goods cleared after the amendment date receive the prescribed interest-free term before duty interest applies.
Where specified warehoused goods remain beyond the prescribed interest-free period, interest is payable on the duty assessable at clearance at Board-fixed rates not exceeding the delayed-payment ceiling; all goods cleared after the amendment's operative date receive the full prescribed interest-free warehousing term regardless of their warehousing date.
Export of Goods and Services - Project Exports
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Project export approvals: delegated to authorised dealers and Exim Bank with standardised thresholds and enhanced monitoring.
The revised PEM delegates post award approvals and monitoring of project and service export contracts to Authorised Dealers and Exim Bank, standardises monetary clearance thresholds in foreign currency with Working Group clearance required above the ceiling, and permits Authorised Dealers/Exim Bank to relax prescribed contractual conditions, approve bridge finance and initial mobilisation remittances, and grant operational permissions (liaison offices, export of consumables, re imported equipment) subject to exporter undertakings and monitoring.
Import of Silver/Platinum against Letter of Authority issued by Nominated Agency
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Nominated Agency: letters of credit for silver and platinum imports must be issued only on behalf of the nominated agency
Authorised Dealers must issue letters of credit for imports of silver and platinum under the Nominated Agency Scheme only on behalf of the nominated agency itself; letters of authority from other entities do not permit issuance on their behalf. The same operational restriction previously applied to gold is extended to silver and platinum, and Authorised Dealers must notify their constituents and verify the agency relationship before opening credit.
Procedure for import of certain items under the India-Nepal Treaty of Trade signed on 2.3.2002-amendment therein
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Sole agency designation for import control: State trading agency now exclusively handles vegetable fat imports under treaty trade.
The Director General of Foreign Trade, exercising Export and Import Policy powers, amends prior public notices under the India-Nepal Treaty of Trade by deleting a specified paragraph and designating a sole agency to import vegetable fats (vanaspati) up to an annual quota, while keeping other conditions of the original public notice unchanged.
Central Excise Registration - Ntf. No. 49/2003-CE and No. 50/2003-CE, Dt. 10/06/2003
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Central Excise registration requirement clarified: manufacturers claiming exemption must file specified declaration citing the exemption notifications and amend registration.
Manufacturers claiming excise duty exemption under Notifications No.49/2003-CE and No.50/2003-CE must follow Notification No.36/2001-CE (NT) procedures: furnish a specified-format declaration stating grounds and the notification relied upon; registered manufacturers must amend initial registration information; existing unregistered units availing rule 9 benefits must intimate changes to their declarations. Jurisdictional officers should undertake necessary checks and claimants may avail the procedural framework of Notification No.36/2001-CE (NT) as amended.

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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