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Guidelines for considering request for exemption from payment of Customs Duty under Section 25(2) of Customs Act, 1962
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Customs duty exemption: ad hoc relief allowed only for public interest, exceptional imports with strict eligibility and monitoring conditions.
Guidelines prescribe that ad hoc exemptions under Section 25(2) be granted only where public interest and exceptional circumstances are shown; enumerate eligible categories (government strategic imports, defence/R&D, police/paramilitary emergency equipment, humanitarian relief) while excluding routine scheme or PSU imports; set detailed eligibility, documentation and reputation certification requirements for charitable institutions importing donated goods; mandate procedural routes via Commissioners of Customs and require monitoring, perpetual conditions on use, inspection rights and recovery/penal action for violations.
Passing on of the credit of duty paid yarn by the exempted powerloom units to multiple buyers
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Input credit transfer: optional scheme lets exempt powerloom weavers issue challans enabling buyers to claim CENVAT credit.
Exempt powerloom weavers may optionally pass on attributable input credit for duty-paid yarn to multiple buyers by obtaining a declarant code, retaining input invoices, and issuing a prescribed pre-printed triplicate challan whose ORIGINAL enables the buyer to claim CENVAT credit; units must file quarterly statements and supply originals and duplicate challans for range reconciliation of credits, consumption, production and clearances.
Extension of last date for the declaration of stock of inputs, as on 1st April, 2003 by the textile units - Regarding
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Extension of declaration deadline for input stock: textile units may declare stocks provided they file registration applications to secure benefits.
Extension of the last date for declaration of stock of inputs by textile units under Cenvat Credit Rules was granted as a special concession due to trade agitation; affected units may file declarations during the extended period but must also file applications for registration if not already registered or applied, since the benefit of the declaration depends on filing the registration application.
Central Excise – Payment of duty on waste package/containers used for packing Modvatable inputs when cleared from the factory of the manufacturer availing Modvat/CENVAT credit
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Duty on containers used for packing inputs: no duty or credit reversal when cleared from manufacturer's factory.
No duty is payable and no CENVAT/Modvat credit reversal is required when packaging or containers used for packing inputs on which credit was taken are cleared from the manufacturer's factory, because such containers are not to be treated as scrap or waste arising from the manufacturing process; Circular No. 470/36/99 CX dated 19.7.99 is withdrawn and pending cases may be decided accordingly.
Procedure for import of certain items under the India-Nepal Treaty of Trade
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Import entitlement expanded: State Trading Corporation authorised to import vegetable fats under annual quota alongside existing agency.
Amendment adds an additional authorised agency entitled to import vegetable fats (Vanaspati) up to the indicated annual quota, supplementary to the existing authorised importer, while all other conditions of the earlier public notice remain unchanged under the Export and Import Policy 2002-2007.
Revised norms for execution of Bond and Bank Guarantee under Advance License and EPCG Schemes – reg
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Bank guarantee exemption for Advance License and EPCG schemes subject to eligibility, certification, and no prior export default.
Revised norms require bonds/BGs in the prescribed format securing duty forgone under Advance License and EPCG schemes; recognised status holders and qualifying manufacturer-exporters may obtain BG exemption subject to no past export-obligation default, absence of penalisation under customs/excise/FEMA/foreign-trade laws, and submission of export performance or excise-payment certificates certified by the jurisdictional Superintendent of Central Excise. Customs may demand higher or full BG where revenue risk exists, accept consignment-wise BG at the port of license registration, and must maintain registers and ensure timely enforcement or renewal of guarantees.
Section 166 of the Finance Act, 2003- Incorporation of provisions relating to Prosecution in the Finance Act, 1989 in respect of Inland Air Travel Tax – Reg
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Failure to remit collected inland air travel tax now attracts imprisonment and corporate officer liability under new statutory provisions.
Insertion of offences for Inland Air Travel Tax makes it a punishable act when a carrier collects the tax but fails to remit it to the Central Government, with imprisonment and fine prescribed. Corporate-liability provisions deem the company and persons in charge liable, subject to a defence of lack of knowledge or due diligence; officers shown to have consented, connived or been negligent are also criminally liable. "Company" includes firms and partners are treated as directors. The provisions apply prospectively and permit the Central Government to take action against defaulting carriers, with directions for public notice.
Trade Guarantee Fund (TGF)/ Settlement Guarantee Fund(SGF) – reduced exposure for ten rolling settlement
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Reduced exposure for rolling settlements now extends for additional settlement cycles and imposes tiered exposure limits and collateral conditions.
Where a trading member's settlement shortage exceeds the base minimum capital or where shortages exceed 20% of BMC on six occasions within three months, trading is to be suspended and securities pay-out withheld. After full recovery, the member may trade at a reduced gross exposure according to cumulative shortage bands; the reduced level must be maintained for ten rolling settlements and is restored if shortages over the subsequent ten rolling settlements stay below 20% of BMC. Immediate restoration is allowed upon deposit of equivalent funds-shortage collateral retained for ten rolling settlements, with no interest or exposure benefit; collateral forms accepted include cash, fixed deposit receipts and bank guarantees. Penal interest on outstanding amounts is set at not less than 0.07% per day. Exchanges must amend rules, notify members and report implementation.
Regarding Small Scale Industrial Undertakings
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Small scale industrial classification updated: new stationery and pharmaceutical product codes added, bringing those items under supportive measures.
The Central Government amends the Order's Appendix to add specified stationery and drugs and pharmaceuticals product codes and descriptions, thereby treating those listed items as small scale industrial undertakings eligible for supportive measures, exemptions or other favourable treatment under the Industries (Development and Regulation) Act; the amendment takes effect on publication in the Official Gazette.
Change of port in the Shipping documents pending amendment in AEPC certificate for hosiery exports-Reg
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Change of port authorization allows customs to permit alternate shipment ports pending certificate amendment, subject to later ratification.
Customs will permit change of port in EDI Shipping Bills and invoices for hosiery exports on an exporter's request pending AEPC certificate amendment, with subsequent AEPC ratification; Customs Houses must issue Public Notices and Standing Orders and report implementation difficulties to the Board.
Investigation against exports of processed, preserved and Frozen fish and fish products under DEPB Scheme (S.No.2 of Product Group 66 of DEPB Schedule) by DGRI/Customs authorities – reg
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DEPB benefit entitlement allowed where only minimal preservative use is shown; pending scrip verifications to be completed promptly.
Where investigations conclusively establish no use of chemicals or preservatives, adjudication proceedings shall continue; where evidence shows only a meagre percentage of such use, exporters otherwise eligible shall be permitted the DEPB benefit and all pending DEPB scrip verifications, registrations and provisional assessments for those cases must be completed immediately, with administrative guidance and trade notice to be issued.
Judicial Matters - Revamping of reports from field formations
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Revamping judicial reports requires consolidated monthly and quarterly reporting to centralize litigation data and review proposals.
The Board streamlines judicial reporting by retaining two monthly CDR reports, discontinuing a weekly Registrar return, and requiring Commissioners to submit a consolidated monthly proforma detailing tribunal orders, parties, impugned orders, receipt and review dates, issues, revenue exposure and status of review proposals to the Board. A Quarterly Legal Report will replace several prior returns; Commissioners forward QLRs to Chief Commissioners who submit compiled Excel-format reports to the Directorate by the 15th following each quarter for integration into a centralized litigation database.
Amendment in Notification No. S.O. 477(E) dated 25th July, 1991
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Amendment to industrial notification: specified Schedule entries and product codes deleted or substituted, effective on Gazette publication.
Executive amendment to Schedule III of a prior industrial notification directs omission of multiple listed serial entries and removal of a specified product code entry; it also substitutes certain product codes and replaces product descriptions for acrylic sheet products and for polystyrene foam products from expandable beads. The amendment takes effect on publication in the Official Gazette.
Electronic Data Information Filing And Retrieval (EDIFAR)
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EDIFAR electronic filing requirement expanded-additional listed companies must commence prescribed online disclosures from the stated quarter.
SEBI expands mandatory EDIFAR on-line filing obligations to an additional group of listed companies chosen by market capitalization and turnover; those companies must upload the prescribed statements and information from the quarter ending June 30, 2003. Stock exchanges must notify the companies, publish the requirement for investor access, and report implementation status to SEBI in the Monthly Development Report, pursuant to SEBI's regulatory powers to protect investors and regulate the securities market.
Eligibility of a sub-broker to trade through the Subsidiary Company.
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Sub-broker eligibility: only members of the parent stock exchange may trade through a subsidiary, exchanges must amend rules.
SEBI requires that only members eligible to trade on the parent stock exchange may trade or continue to trade through the exchange's subsidiary company; exchanges must amend their rules, byelaws and the subsidiary's Memorandum/Articles of Association accordingly, notify member brokers and clearing members, publish the provision on their websites for investor access, and report implementation status to SEBI in the Monthly Development Report.
Use of Impact Cost Calculations of another Exchange
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Impact cost reliance: exchanges may use another exchange's impact cost if a formal liquidation agreement exists.
SEBI allows exchanges unable to compute mean impact cost to use BSE or NSE impact cost calculations only if they enter a formal legal arrangement permitting liquidation of their members' positions on that exchange; absent such arrangement, exchanges must levy margins as applicable to Group II or Group III scrips and cannot classify between Group I and Group II.
Constitution of Arbitration Committees and Arbitration Panels
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Arbitration independence requirement: panels for member-nonmember disputes must consist of non members, ensuring impartial dispute resolution.
Stock exchanges must amend rules and bye laws so arbitration panels resolving member-non member disputes consist exclusively of non members with prior regulatory approval; exchanges must reconstitute panels and report implementation, while existing member arbitrators may complete ongoing cases and awards in those cases must be issued within three months.
Amendments to the SEBI (Disclosure and Investor Protection) Guidelines, 2000
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Exemption power: board may waive disclosure guideline provisions for technical breaches or violations beyond the applicant's control.
An amendment establishes an express exemption clause enabling the Board to grant exemption from any particular provision of the disclosure guidelines on application by a listed company or intermediary, for a technical or possible technical violation, or where the violation was caused or may be caused by factors beyond the applicant's control; the amendment takes immediate effect.
Foreign Exchange Management Act, 1999 - Liberalisation
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Capital account liberalisation extended: overseas investment and related facilities continue until further notice under FEMA powers.
The Reserve Bank extends liberalised capital account facilities until further notice, covering overseas investments by corporates and individuals, NRI/PIO and foreign national facilities, ESOP acquisition of foreign securities, retention of ADR/GDR proceeds abroad, ECB fund parking, acquisition of immovable property overseas, and EEFC scheme extensions; authorised dealers are to inform constituents and formal amendments to the Foreign Exchange Management Regulations, 2000 will be issued under powers of the Foreign Exchange Management Act, 1999.
Filing of Bill of Entries through floppy in ICES – Import in version-3 Format –reg.
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Filing of Bill of Entry via floppy now requires submission in revised ICES version three format; accurate data prevents rejection.
Filing of Bills of Entry is authorised through floppy submission to the ICES system in revised Version 3 format using the file layout set out in the annexure; submissions must be made at the designated service centre. Strict compliance with prescribed field lengths and validation checks is mandatory and noncompliant floppy data will be rejected, so traders must ensure accurate programming of data to enable expeditious processing.

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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