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    Computation of income from international transaction having regard to Arm's Length Price - Section 92 of the Income-tax Act - Reference to Transfer Pr...
    Provisional Assessment -use of Provisional Assessment Monitoring Systems (PAMS) Software - regarding.
    Certain clarifications regarding excise duty structure on textile and textile articles
    Deactivation of IEC, newcomers, duty free imports for service providers, addition of AEZs, application free for duty free entitlement, addition of EPC...
    Administrative Control over Export Oriented Units (EOUs)/Special Economic Zones– Instructions Reg
    The cases of certain assessees owning power looms not to be selected for scrutiny assessment—regarding
    Coverage of products under the duty free import entitlement for service providers
    Conversion of free shipping bill into advance Licence/DEPB/ DFRC/Drawback shipping bills from one export promotion scheme to another - Regarding
    Conversion of free shipping bills into Advance License/DEPB/DFRC/Drawback shipping bills and conversion of shipping bills from one export promotion sc...
    Export of 10,700 MTs of Raw Sugar and 10,000 MTs of White Sugar under preferential quota to EU for the year, 2003-2004
    Procedure for import of various items under Tariff Rate Quota )TRQ)
    Mandatory standards for import of certain electrical goods and appliances prescribed vide Notification No. 5 dated 7.4.03
    Amendment to the listing agreement regarding disclosure pertaining to schemes of arrangement/merger/amalgamation /reconstruction filed before the Cour...
    Fixation and modification of input and output norms
    Fake Notification No. 30/2003-Cus. (N.T.), dated 6-5-2003 revising tariff value of Crude Soyabean Oil - Regarding
    Certain clarification regarding excise duty structure on textile and textile articles:
    Rejection Risk Insurance – Remittance - Liberalisation
    Imposition of anti-dumping duty on raw silk, testing of grades – reg
    Stock Transfer by an EOUs to DTA, Whether Covered under DTA sale of the EXIM Policy - Clarification regarding
    SEBI Registration Number of Brokers / Sub-brokers to be quoted on all correspondences with SEBI
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Circulars
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03 - 20-05-2003 Income Tax
Computation of income from international transaction having regard to Arm's Length Price - Section 92 of the Income-tax Act - Reference to Transfer Pricing Officer and his role - Regarding
Show AI Summary
Arm's Length Price determination centralises transfer pricing references to Transfer Pricing Officers with prescribed AO procedural roles.
The AO may refer identified international transactions with an associated enterprise to a Transfer Pricing Officer who alone shall determine the Arm's Length Price by applying the prescribed methods and the most appropriate method; the TPO must issue a speaking order with reasons and data, provide copies to the AO, and where the AO receives the TPO's order must compute the taxpayer's total income having regard to that Arm's Length Price while affording the taxpayer a formal opportunity to be heard. A register and database of references must be maintained and jurisdictional allocations of TPOs are notified.
Provisional Assessment -use of Provisional Assessment Monitoring Systems (PAMS) Software - regarding.
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Provisional assessment monitoring: mandatory use of PAMS and unique identifier requirement for all provisional assessments, with centralized monitoring.
No provisional assessment shall be permitted without entering prescribed case details into the central PAMS server and obtaining the system-generated unique identifier. The system will generate a draft sanction letter which may be amended by field officers, but any amendments must be reported to ADG (Systems), South Zone, Chennai to assist standardization. The unique identifier must be quoted in all sanction letters. Jurisdictional Commissioners must ensure pending provisional assessments are entered and DG (Systems) will monitor and report deficient Commissionerates to the Board, with Chief Commissioners supervising compliance.
Certain clarifications regarding excise duty structure on textile and textile articles
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Excise duty compliance relief: extensions for textile assesses on duty payment and returns and flexible unit registration allowed.
Where multiple textile manufacturers operate from a common premises but maintain distinct legal entities, each manufacturer's machines/looms are to be treated as a factory and may be registered individually; previous requirements for separate premises do not apply. As a one time measure, field formations are directed not to act on delayed duty payment or return filing for April clearances, and manufacturers who omitted newly covered yarns or knitted apparel from earlier stock declarations may file additional declarations to claim one time Cenvat credit provided such declarations meet the prescribed deadline.
Deactivation of IEC, newcomers, duty free imports for service providers, addition of AEZs, application free for duty free entitlement, addition of EPC etc
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IEC deactivation risk for non filing of annual import/export returns, with reactivation subject to prescribed fee and conditions.
IEC holders must furnish online annual import/export details for the preceding licensing year by 30 June; non filing renders the IEC inoperative from 1 July, with reactivation upon payment of a fee. Service providers (excluding hotels/tourism) receive duty free imports equal to 10% of average foreign exchange earned in the preceding three licensing years, hotels/tourism providers 5%. Advance licence BG requirements are tiered with 25% BG up to 200% entitlement and 100% BG beyond; merchant exporters (other than status holders and PSUs) require 100% BG. EPCG non fulfilment attracts duties plus interest.
Administrative Control over Export Oriented Units (EOUs)/Special Economic Zones– Instructions Reg
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Administrative control of EOUs shifted to local Central Excise to streamline permits and trade facilitation.
Administrative control of EOUs in the Andaman & Nicobar Islands is transferred to the jurisdictional Commissioner of Central Excise, and all work concerning those EOUs shall be handled exclusively by Central Excise staff posted locally; this modifies the earlier circular to that extent and requires public notice and reporting of implementation difficulties.
The cases of certain assessees owning power looms not to be selected for scrutiny assessment—regarding
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Non-selection for scrutiny: power-loom owners declaring stock and proof of ownership will not face scrutiny.
Where a power-loom owner files an income-tax return for the first time for the assessment year 2004-05, the return shall not be selected for scrutiny provided the assessee makes a true disclosure of yarn and finished goods stock not exceeding Rs. 20,000 per power-loom and furnishes evidence in support of ownership of power-looms in his name; this concession will not have retrospective application or consequences.
Coverage of products under the duty free import entitlement for service providers
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Duty free import entitlement for service providers restricts imports of agricultural products and limits cars to hotels and tour operators.
Paragraph 3.8 of the Export Import Policy grants a duty free import entitlement to specified service providers based on average foreign exchange earnings, permitting spares, office equipment, professional equipment and consumables while excluding all agriculture and dairy products. Beverages, spirits and vinegar under Chapter 22 and processed or semi-processed seafood are permitted. Car imports under the entitlement are restricted to hotels, tour operators and tourist transport operators.
Conversion of free shipping bill into advance Licence/DEPB/ DFRC/Drawback shipping bills from one export promotion scheme to another - Regarding
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Correction to customs circular cross-reference clarifies conversion procedure for shipping bills between export promotion schemes.
Amendment to Department of Revenue Circular No. 40/2003-Cus.: in paragraph 3 the words and figures "vide para 4(i)" are corrected to read "vide para 4(ii)", clarifying the cross-reference that governs conversion of free shipping bills into advance Licence/DEPB/DFRC/drawback shipping bills between export promotion schemes.
Conversion of free shipping bills into Advance License/DEPB/DFRC/Drawback shipping bills and conversion of shipping bills from one export promotion scheme to another - regarding
Show AI Summary
Conversion of shipping bills permitted subject to commissioner discretion and no fraud, preserving eligibility for export promotion schemes.
Conversion of free shipping bills into Advance License/DEPB/DFRC/Drawback shipping bills and conversions between export promotion schemes may be permitted by the Commissioner on merits, subject to the conditions in Para 4(a),(b) and (c) of the earlier circular and the additional requirement that the exporter has not availed benefit of any export promotion scheme and that no fraud, suspected manipulation, or investigations have been initiated regarding those exports.
Export of 10,700 MTs of Raw Sugar and 10,000 MTs of White Sugar under preferential quota to EU for the year, 2003-2004
Show AI Summary
Preferential quota allocation for sugar to EU requires specified certification endorsements and sole export agency authorization.
Preferential export quota for 2003-04 allocates 10,700 MT of raw sugar and 10,000 MT of white sugar for export to the EU. Exports under this quota require special certification endorsements referencing European Commission Regulation No. 2513/2001 for raw sugar and No. 2782/76 for white sugar and the common commodity code for sugar. M/s Indian Sugar Exim Corporation Ltd. is authorised as the sole agency to export the allocated quantities to the EU under the preferential quota.
Procedure for import of various items under Tariff Rate Quota )TRQ)
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Tariff Rate Quota allocation procedure establishes eligible agencies, application requirements, and EFC allocation for specified imports.
Procedure prescribes TRQ allocation for four specified food and oil items, lists eligible public trading and cooperative agencies authorised to apply, and requires submission of completed application forms and prescribed supporting documents to the Exim Facilitation Committee at DGFT with payment of the application fee. Imports must be completed within the prescribed period and maize imports under the State Trading Regime may receive import licences if not imported through the Food Corporation of India. Quota allocation is made by the EFC with specified departmental representation, and applicants must provide declarations undertaking correct use and compliance with applicable foreign trade law and procedures.
Mandatory standards for import of certain electrical goods and appliances prescribed vide Notification No. 5 dated 7.4.03
Show AI Summary
Mandatory import standards deferred for specified electrical goods; customs may permit clearance of consignments imported after notification.
Mandatory standards for import of specified electrical goods under Notification No.5 are deferred for items listed at serial numbers 143-159 until after 17.08.2003. Consignments of those items imported after 7 April 2003 are covered by this clarification, and customs may permit their clearance during the intervening period prior to the deferred commencement date.
Amendment to the listing agreement regarding disclosure pertaining to schemes of arrangement/merger/amalgamation /reconstruction filed before the Court
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Disclosure of court filed schemes: companies must file schemes with exchanges in advance and ensure compliance with securities laws.
Listed companies must file any scheme or petition proposed under the Companies Act with the stock exchange at least one month before presentation to a Court or Tribunal and must ensure such schemes do not violate or override securities laws, the Listing Agreement, or related rules and guidelines. Companies must disclose expected pre and post arrangement capital structure and shareholding pattern in the explanatory statement to shareholders and provide copies of notices and annexures to the exchange contemporaneously with circulation to stakeholders.
Fixation and modification of input and output norms
Show AI Summary
Fixation of input-output norms: DGFT amends Handbook Vol.II to update SIONs and specify permitted input allowances.
The Director General of Foreign Trade amends Handbook of Procedures, Vol. II under Paragraph 2.4 to modify, substitute, delete and add Standard Input Output Norms (SIONs). The Public Notice prescribes corrected export/import item descriptions, substitutes detailed multi item input schedules with conditional notes for numerous Engineering, Chemical, Textile, Plastic and other product SIONs, restores a specified footnote, and adds new SION entries for White Cement Clinker (A 3174), Silane Treated Glass Fabric (B 259), and Hulled Sunflower Seed (E 112) with specified input allowances.
Fake Notification No. 30/2003-Cus. (N.T.), dated 6-5-2003 revising tariff value of Crude Soyabean Oil - Regarding
Show AI Summary
Tariff value notification authenticity: disregard unverified private-site notices and rely only on departmental notifications online.
The Board directs officers to disregard a circulated fake notification revising the tariff value of Crude Soyabean Oil published on private websites and to give effect only to notifications published on the Departmental websites and in the Gazette; the last valid tariff-value notification remains the one previously issued by the Board.
Certain clarification regarding excise duty structure on textile and textile articles:
Show AI Summary
Excise duty exemptions for textiles clarified: factory identity, invoice endorsement, and resale recordkeeping permitted in transit.
Clarification holds that where independent legal entities operate separate machines within shared premises, each entity's machines constitute a separate factory for exemption eligibility and their clearances must not be aggregated. A photocopy of endorsed original input invoices suffices where the exempted manufacturer has transferred the originals. Traders endorsing purchase documents need not bring goods to registered premises before resale, but registered dealers must maintain accounts of purchases, sales, stock and input credit passed on.
Rejection Risk Insurance – Remittance - Liberalisation
Show AI Summary
Rejection risk insurance premiums permitted for seafood and perishable food exporters to be remitted to foreign insurers.
Authorised dealers may permit remittance of premiums to foreign insurers for Rejection Risk Insurance taken by exporters of sea-food and other perishable food/food products, following Central Government no-objection to such foreign-issued policies; directions issued under FEMA Sections 10(4) and 11(1).
Imposition of anti-dumping duty on raw silk, testing of grades – reg
Show AI Summary
Anti-dumping duty on raw silk: clearance allowed pending grade testing with a bank-guaranteed test bond to avoid delays.
Imposition of anti-dumping duty on imported raw silk of specified lower grades from China requires regular grade verification due to reports of misdeclaration. Customs may clear consignments before test reports are available if the importer provides a test bond with a Bank Guarantee, balancing timely clearance with revenue protection and retrospective adjustment if testing reveals liable grades.
Stock Transfer by an EOUs to DTA, Whether Covered under DTA sale of the EXIM Policy - Clarification regarding
Show AI Summary
Stock transfer treated as DTA clearance entitling EOUs to concessional duty, valuation governed by Customs valuation rules.
Stock transfers by EOUs to DTA units are covered by paragraph 6.8 of the Exim Policy and Appendix 14-IH, and thus qualify for concessional duty under the relevant notification; intra-company stock transfers are treated equivalently to DTA sales for this purpose. Valuation of such clearances must follow Section 14 of the Customs Act and the Customs Valuation Rules, 1988, taking related party status into account. Notification No.2/95-CE has been superseded by No.23/2003-CE which broadens the wording to "brought to any place in India."
SEBI Registration Number of Brokers / Sub-brokers to be quoted on all correspondences with SEBI
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SEBI registration number requirement must be quoted on all correspondence and on draft reverses to ensure proper processing.
Brokers, sub-brokers and the stock exchanges forwarding correspondence must quote the SEBI registration number on all communications to SEBI to enable correct filing and processing. Demand drafts sent to SEBI should have on their reverse the SEBI registration number and the broker/sub-broker name as per the SEBI registration certificate to ensure prompt crediting and avoid administrative delays.

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