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Circulars
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Classification of Badian Khatal Fruit ( Star Aniseeds)
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Tariff classification of star anise seeds as spices under Customs Tariff confirmed; import policy lists irrelevant to tariff classification.
Badian Khatal (star anise) fruit and seeds are classifiable as spices under the Customs Tariff, consistent with HSN explanatory notes which treat fruits or seeds of Anise or Badian as falling within heading 09.09 and remaining there even when packaged for herbal infusions; import policy listings do not govern tariff classification.
Foreign currency- Rupee Options
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Foreign currency rupee options allowed under conditions, enabling authorised dealers to offer plain vanilla hedges subject to regulator approvals.
Permission to offer foreign currency rupee options is granted subject to operational and prudential conditions: authorised dealers with minimum CRAR may offer the product back to back; dealers seeking to run option books must obtain one time approval and meet profitability, asset quality and net worth criteria. Only plain vanilla European calls and puts are initially permitted; customers may buy but not write options. Settlement may be by spot delivery or net cash rupee settlement; delta equivalents feed into position limits. Dealers must maintain mark to market, report weekly, follow ISDA documentation, and adhere to capital and risk management requirements.
Pre-deposits made under Excise Section 35F and Customs Section 129E - Delayed refund of - Clarifications
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Pre-deposits: strict adherence to refund procedure required; deviations viewed strictly and no implied interest entitlement.
Clarification states that prior circular wording incorrectly suggested entitlement to interest on delayed refunds of pre-deposits where no statutory provision exists; the wording is corrected to state that "Any deviation from the procedure explained hereinabove shall be viewed strictly," and field formations and trade associations are to be informed with acknowledgement of receipt.
Clarification on the availability of the exemption under notification Nos. 83/94 and 84/94 both dated 11.4.94, in view of the amendments made by the Finance Bill 2003-04
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Exemption availability for job work castings remains despite incidental scrap when used in manufacture of specified goods.
Exemption under notification Nos. 83/94 and 84/94 applies where castings received from job-workers are used in the manufacture of specified final products; the principal manufacturer must undertake that such goods will be used in or in relation to manufacture of exempt goods or those falling under specified tariff headings and to pay excise duty if that undertaking is breached. Incidental generation of waste or scrap during manufacture does not negate the exemption, and the percentage of waste is irrelevant so long as the castings are used for the specified products.
Imposition of Service Tax on new services consequent to enactment of Finance Bill, 2003-reg.
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Service tax expansion: new service categories taxed with specified exemptions and detailed valuation and scope clarifications.
Service tax is extended to newly specified services and to expanded classes of existing services from the date appointed by the Central Government. The circular sets out category-specific exemptions and clarifications: call centers and medical transcription centers are exempt; commission agents are exempt but consignment agents remain taxable; vocational and certain training institutes are exempt or conditionally exempt; maintenance, commissioning and technical certification services are taxable with rules on valuation and invoicing; sale value of goods separately invoiced may be excluded; non-resident service receipts paid by recipients permit registration and credit on documentary proof.
Review of the DEPB rates submission of fresh data
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DEPB rate review requires exporters and export councils to submit FOB/CIF data for affected products or face rate reduction.
The directive requires review of DEPB rates for products with elevated rates and mandates exporters, via Export Promotion Councils, to submit representative FOB export values and CIF input costs using Annexure I within the prescribed timelines; RLAs must prepare exporter lists to assist councils. Submissions must cover transactions within one year, include Shipping Bills/Bills of Entry or customs data, meet minimum document counts, and use the prescribed worksheet reflecting SION inputs and customs duty computations. Failure by councils to forward consolidated data may lead to reduction of the DEPB rate for the product.
Overseas Direct Investment – Amendments to Forms
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Overseas direct investment procedures amended - revised forms and auditor certifications tighten documentary and valuation requirements.
Amendments revise documentary and certification requirements for overseas direct investment, modifying Form ODA and the statutory auditor certificate and issuing detailed instructions for Forms ODA, ODI, ODB and ODG. Key operative obligations include submission of auditor certificates, board resolutions and supporting project, financial and valuation documents; sectoral eligibility and prudential criteria for financial services investments; procedures for supplemental proposals and joint investor filings; and valuation and due diligence standards where ADR/GDR proceeds or acquisitions are involved.
Foreign Exchange Management Act - 1999 Import of Goods into India
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Import compliance: authorised dealers must secure documentary evidence, follow FEMA and EXIM policy, maintain KYC and report defaults.
Authorised dealers must ensure import transactions comply with EXIM Policy, FEMA rules and RBI directions, follow KYC and banking practices, obtain prescribed forms and licences where applicable, and secure and verify evidence of import (Exchange Control copy of Bill of Entry or acceptable certificates) for remittances above specified thresholds; they must apply conditions for advance remittances and deferred payments, permit replacement imports and guarantees under stated conditions, and submit half yearly BEF statements to RBI for cases where documentary evidence is not received.
Refund of base minimum capital
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Base minimum capital relief for low-turnover exchanges allows refund of excess capital subject to compliance.
SEBI permits exchanges with average daily turnover below Rs. 1 crore for any three consecutive months to maintain member BMC at Rs. 1 lakh and to refund excess BMC to members provided the member has been inactive for 12 months, has no pending investor complaints or arbitration cases, and has paid SEBI turnover fees with a No-Objection Certificate; exchanges may deduct amounts for investor claims, arbitration-related dues, administrative expenses and SEBI fees. If exchange turnover exceeds the threshold for one month, BMC must be restored to the earlier higher level and undertakings obtained; exchanges must amend bye-laws, notify members, publish the change and report implementation to SEBI.
22/2003 - 18-06-2003 Companies Law
Declaration of National Co-operative Development Corporation (NCDC) as Public Financial Institution under section 4A of the Companies Act, 1956.
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Declaration of Public Financial Institution status for NCDC under section 4A prompts circulation of related company law notifications.
The circular forwards Gazette notifications declaring the National Co-operative Development Corporation (NCDC) as a Public Financial Institution under section 4A of the Companies Act, 1956, and circulates related instruments including amendments to Companies Rules and the Companies (Auditor's Report) Order, 2003, for information and administrative acknowledgement by Regional Directors and Registrars of Companies.
Implementation of New Revised 8 digit HS Codes in exports documents and export DTRs to be transmitted to DGCI&S, Kolkata –reg
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Revised HS code implementation required: export documents and DTRs must use updated import tariff classification immediately.
Export documentation must use the revised 8-digit import Tariff Classification in the RITC field and in both Non-EDI and EDI export DTRs sent to the statistical authority. Officers may perform random verification that the RITC code matches the Shipping Bill description without requiring physical examination solely for code-checking. Measurement units in Bills of Entry and Shipping Bills must follow the units in the 8-digit import Tariff Schedule, and EDI system software must be modified immediately to transmit DTRs using the revised classification. Difficulties must be reported to the Board.
Supply of goods by Special Economic Zones (SEZs) to Units in DomesticTariff Area (DTA) against payment in foreign exchange
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Foreign exchange purchases for SEZ supplies permitted: DTA units may acquire foreign exchange from authorised dealers to pay SEZ suppliers.
Permits units in the Domestic Tariff Area to purchase foreign exchange from authorised dealers to pay for goods supplied by Special Economic Zone units, extending a prior facility available to certain export production zones so DTA purchasers may make payments to SEZ suppliers in foreign currency through authorised dealers under FEMA exchange control powers.
Export obligation fulfilment criteria in the case of bonding of an EPCG licence holder under the EOU scheme
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Export obligation compliance: Bonding under EOU requires a Legal Undertaking and fulfilment within permitted extension periods.
Redemption of an EPCG-issued Bank Guarantee on bonding under the EOU scheme is conditional on execution of a Legal Undertaking with the Development Commissioner and no accrued liability under blockwise export obligation criteria; Customs notifications permitting extensions must be considered in computing any shortfall, but the unit must complete the balance export obligation within the stipulated period inclusive of such extensions.
Advance licence, DFRC, EPCG, DEPB and DEEC Schemes - Corrigendum to Circular No. 25/2003-Cus.
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Corrigendum to export incentive schemes corrects referenced financial years, altering scheme applicability and compliance references.
Directive amends Para 2.1 of Circular No. 25/2003 so that occurrences of the years 2001-02 and 2002-03 shall be read as 2002-03 and 2003-04 respectively, affecting references in the Advance Licence, DFRC, EPCG, DEPB and DEEC schemes and aligning eligibility and compliance references with the corrected financial years.
Amendment/correction in the schedule of DEPB rates
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DEPB rate amendments update export entitlements and value caps across engineering, chemicals, plastics, and electronics products.
Amendment updates the DEPB schedule by adding, substituting and correcting entries to adjust export entitlement rates and associated value caps for identified export products. Engineering group entries are corrected, substituted or inserted for items including steel hinges, automobile ignition locks, single cylinder pumps, stainless steel tubes, other automobile locks, and hermetically sealed compressors, with stated rates and per unit caps. Chemicals, Plastics and Electronics groups receive specified insertions or substitutions, revising DEPB rates and per unit value caps for conveyor rubber belts, I.V. cannula and various television categories.
Clarification regarding the admissibility of DEPB against the export of some products under the Product Group : Engineering
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DEPB admissibility clarified: prior circular made retroactive and remedial compliance sentence deleted for engineering exports.
Clarification fixes the effective date of the decision in Policy Circular No. 19 as the original circular's date and deletes the final sentence directing remedial action where exports of MS Galvanized Sheets/Strips obtained DEPB benefit under the entry at Sl. No. 91. The amendment, approved by the Directorate General of Foreign Trade, therefore alters the compliance instruction by eliminating the previously mandated remedial action while confirming the decision's retroactive effect.
Role of Chief Executive Officers & Fund Managers and Fund of Funds
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Fund of Funds scheme expenses and manager accountability clarified; disclosure, investment and expense limits required.
The amendments define fund of funds schemes and require the CEO of the asset management company to ensure regulatory compliance, overall risk management, and that fund managers invest in the interest of unitholders. Fund managers must ensure investments meet scheme objectives. Fund of funds schemes must disclose that investors bear recurring expenses of the scheme plus expenses of underlying schemes, may not invest in other fund of funds, and may only hold non-scheme assets to meet disclosed liquidity requirements for repurchases or redemptions.
Customs procedure for shipment of export cargo/import cargo to/from Bangladesh by the inland waterways route from Haldia Docks Complex-reg
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Customs inland waterways export procedure: supervised loading, sealing and ARE-I based Shipping Bill processing for riverine shipments.
The IWAI Terminal at Haldia or any riverine point within the Port Commissioner's jurisdiction may be declared as a place for loading and unloading; Customs officers will supervise, examine and seal export cargo loaded in barges and permit sailing under a document analogous to ARE-I. Export formalities including Shipping Bill filing and assessment will be completed by the Commissioner of Customs (Preventive), Kolkata, on the basis of that ARE-I, and final clearance may be given at Namkhana upon examination of the seal.
Composition of Capital and Margins
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Cash composition requirement tightened for additional capital and margins, with stricter cash-equivalent and eligible securities valuation rules.
Regulator increases the required minimum cash composition of additional capital and margins and maintains that mark-to-market margins be collected in cash, bank guarantees and FDRs. Cash equivalents are defined to include specified FDRs, qualifying bank guarantees, government securities and units of liquid or government-securities mutual funds with prescribed haircuts; bank guarantees must be from banks meeting the net worth threshold and exchanges must cap any single-bank exposure of guarantee funds. Eligible non-cash securities for additional capital/margins are Group I equities and mutual fund units subject to VaR-based haircuts and daily valuation; base minimum capital securities are Group I shares subject to a standard haircut and weekly valuation.
PAC (39th Report) – Recommendations on paras 2.5 and 2.6 of C & AG Report for the year 1998-99 relating to inordinate delay for recovery of confirmed demands and non-adjudication of demands – regarding.
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Recovery of government dues requires proactive field enforcement and accountability to prevent arrears becoming irrecoverable.
The Board directs strengthened vigilance and proactive enforcement by field formations to prevent confirmed demands from becoming irrecoverable due to departmental inaction; senior officers must sensitise cutting-edge officers to monitor debtors' financial health, deal strictly with deliberate defaults and fix responsibility on erring officials. Field anti-evasion and intelligence units must be reinforced and evaluated on timely leads, while Chief Commissioners must periodically monitor Commissionerates' reporting and recovery of outstanding arrears to ensure timely realization.

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