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Circulars
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Condition on import of textile and textile articles
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Import exemption for non-body-contact textiles permits imports without pre-shipment certificate, subject to customs undertaking requirement.
Certain textile consignments are exempt from the pre-shipment certificate requirement: grey or raw textile products usable as raw white, and industrial textile products not coming into direct contact with the human body (e.g., transmission belts, pressure belts, lining for luggage). Importers must provide an undertaking to the customs authorities at the time of import.
Procedure to be followed for availing Ad-hoc exemption under Section 5A(2) of the Central Excise Act, 1944.
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Ad-hoc exemption under Central Excise law: procedures for application, documentation, and yearly monitoring by jurisdictional commissioner for charitable institutions.
Ad-hoc exemption under Section 5A(2) requires applicants to submit proof of charitable registration and free or no loss no profit service, a certificate from the jurisdictional Commissioner certifying charitable nature and basis of service, an itemised list of equipment with prices and duty foregone, details of funding and donors, and any other information deemed necessary for processing the exemption application.
Maintenance of arbitration records
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Maintenance of arbitration records: original awards preserved permanently and other records retained for defined post-award periods.
Stock exchanges must adopt a uniform policy: the original arbitration award with acknowledgements shall be preserved permanently; other arbitration records shall be preserved for five years from the date of the award unless an appeal is filed, in which case records shall be preserved for five years from the date of final disposal by the court. Destruction requires prior written order of the Executive Director, and exchanges must maintain a register recording particulars of destroyed records and the date and mode of destruction.
Report of the expert group on valuation principles for corporate assets and shares.
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Valuation of shares: expert group guidelines issued and published for stakeholder consultation on merger valuation practices.
The Department of Company Affairs convened an expert group to formulate comprehensive guidelines on valuation of corporate assets and shares, addressing methods, assumptions and their impact on exchange ratio computation in mergers and amalgamations. The expert group's report, informed by inputs from financial institutions, professional bodies, investor groups and commerce chambers, has been placed on the Department's website and is open for stakeholder comments and suggestions as part of a public consultation process.
Miscellaneous proposals pertaining to textile sector - Regarding
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Cenvat credit expansion allows textile dealers to claim input credit and treat outward sales as own manufacture for duty payment.
Registered textile dealers may elect to take Cenvat credit on purchases and use it to pay duty on sales at sale price by treating clearances as manufacture; independent weavers may authorize agents to maintain accounts, prepare invoices and pay duty; filing date for stock declarations extended and traders allowed actual credit on processed fabric stocks; one-time credit rates for inputs and inputs-in-process as on the cut-off date notified under Rule 9A.
15/2003 - 09-04-2003 Companies Law
Simplification of Procedure for Removal of Name of Defunct Companies (Simplified Exit Scheme) - Corrigendum to General Circular No: 13/2003 dated 25.3.2003
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Indemnity obligation for striking off allows directors to request name removal while undertaking to settle and indemnify against lawful claims.
The corrigendum supplies a standardized Indemnity Bond requiring directors of a defunct company to swear an affidavit that the company has no assets or liabilities, is not and will not carry on business, and to request the Registrar to strike the company's name; directors jointly and severally undertake to pay and settle all lawful claims, indemnify persons for losses arising from striking off, and discharge liabilities that may surface after removal, with signature, witnesses and Registrar acceptance as the procedural formality.
Simplification of Export Procedure –when the Bonds can be furnished with Deputy/Assistant Commissioner of Central Excise – regarding.
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Bond acceptance flexibility: permits bonds with designated Deputy/Assistant Commissioner or Maritime Commissioner, enabling exports irrespective of port jurisdiction.
Permits merchant exporters to execute export bonds with a designated Deputy/Assistant Commissioner of Central Excise (Export), with the Deputy/Assistant Commissioner having jurisdiction over the factory, or with the Maritime Commissioner, and authorises Commissioners to designate Maritime Commissioners as Deputy/Assistant Commissioner of Central Excise (Export) to place them on parity for bond acceptance.
Simplified Central Excise Procedure for export of readymade garments – regarding.
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Simplified Export Procedure extended to readymade garment exporters; relaxed registration and record formalities to avoid export disruption.
Simplified export clearance is extended to readymade garment manufacturers primarily exporting their production, permitting invoice-based export removals and simplified quantity/value records where clearances of rejects and waste for home consumption on payment of duty remain within a prescribed ceiling relative to export turnover. Penal action for clearances pending registration is suspended temporarily and interim formalities like stock declaration and mandatory record-keeping are relaxed to prevent disruption of exports; the Central Excise Manual is modified accordingly.
14/2003 - 07-04-2003 Companies Law
The Public Companies (Terms of Issue of Debentures and Raising of Loans with Option to Convert such Debentures or Loans into Shares) Amendment Rules, 2003.
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Debenture conversion rules amended; Companies Act provisions activated and notifications circulated for immediate administrative compliance.
The Government circulated three Gazette notifications: a corporate name change to IFCI Venture Capital Funds Ltd.; declaration of the effective date for specified provisions of the Companies (Second Amendment) Act, 2002; and the Public Companies (Terms of Issue of Debentures and Raising of Loans with Option to Convert such Debentures or Loans into Shares) Amendment Rules, 2003, which amend regulation of convertible debentures and loans. The circular forwards these notifications to all Regional Directors and Registrars of Companies and requires acknowledgement of receipt.
Warehousing – Grant of extension of warehousing period by Chief Commissioners under Section 61 of the Customs Act, 1962 – regarding –
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Waiver of interest may apply when re exported capital goods are defective and unfit for installation or use.
Requests for waiver of interest in cases of re export of capital goods may be considered favourably where, on clearance, those goods are found defective or sub standard and therefore would not be installed, commissioned or used; Chief Commissioners are to consider and decide such requests in light of Board guidance relating to extension of warehousing periods and re export permissions.
Administrative Control over Export Oriented Units (EOUs)/Special Economic Zones– Instructions Reg
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Administrative control over export units assigned to customs in ports; cost recovery or MOT option governs officer services.
Administrative control over EOUs, EHTP and STP units in port-city territories is vested with the Commissioner of Customs, while units elsewhere remain under the jurisdictional Commissioner of Central Excise; Bangalore Customs is excepted. Special Economic Zones are under the jurisdictional Commissioner of Customs. EOUs/EHTP/STP units may choose between cost recovery charges or paying Merchant Over Time (MOT); units opting out must notify within the prescribed period and will pay MOT even for work during office hours. Officers in cost-recovery posts will continue until promoted to permanent cadre posts, and units must bear charges while those posts exist.
Booking of Forward Contracts Based on Past Performance
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Forward contract booking based on past performance permitted; higher limits available on application for proven corporates.
Authorised dealers may offer forward contracts based on a three year average of past import/export performance, subject to a cap on outstanding forwards relative to eligible limits; Reserve Bank may permit higher deliverable limits on application for large corporates without documentary evidence, upon submission through an authorised dealer of authenticated turnover, overdue realisations/payments and existing limits.
Guidelines for Investments in Foreign Securities by Mutual Funds
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Mutual fund foreign investment limits: overseas listed equity permitted with qualifying Indian holdings, subject to industry and fund caps.
Mutual funds may invest in equity of listed overseas companies that hold at least ten percent shareholding in an Indian listed company; industry and fund level caps constrain aggregate and individual exposures, while existing minimum and maximum fund thresholds remain operative. Investments must comply with SEBI (Mutual Funds) Regulations and prior SEBI guidance covering due diligence, disclosure, existing schemes, trustee reporting, performance review, and reporting to SEBI. Funds with prior exchange control approvals may seek enhancements; others must apply to SEBI per the referenced procedural circular.
2003-04 EXIM Policy - Changes made in Advance Licence, DFRC, EPCG, DEPB and DEEC Schemes, etc. - Regarding
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Duty free entitlement permits hotels duty free import of specified equipment and consumables, excluding agricultural and dairy products.
The circular corrects paragraph headings to read Duty Free Entitlement Credit Certificate to Service Provider and Export Promotion Capital Goods (EPCG) Scheme, and revises paragraph 2.2 to state that hotels are entitled to duty free import of spares, office equipment, furniture, professional equipment and consumables, excluding agricultural and dairy products, linked to their average foreign exchange earnings during the preceding three years.
Risk Management and Inter-Bank Dealings
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Foreign exchange risk management: RBI permits specified hedging and derivative dealings under exposure verification and reporting obligations.
Consolidates RBI directions under FEMA permitting authorised dealers to enter forward contracts and specified derivatives with residents, FIIs, NRIs and overseas parties subject to documentary verification, RBI conditions on cancellation/rebooking, board-approved risk policies, and prior approvals where required. Authorised dealers and banks may hedge asset-liability mismatches using interest rate/currency swaps, forward rate agreements and options subject to matching of value and maturity, marking-to-market, and approved limits. Detailed reporting and exposure-limit methodologies for net open positions, nostro/vostro balances and cross-currency derivatives are mandated to Reserve Bank.
Indian Rupee value for the special currency basket
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Special currency basket valuation revised, affecting deferred payment contracts under India-USSR protocols and effective from the announced revision.
DGFT public notice records a Reserve Bank of India revision of the Indian Rupee value of the Special Currency Basket, to be applied to deferred payment contracts concluded under the Deferred Payments Protocols dated 30 April 1981 and 23 December 1985; the revision takes effect from the date stated in the notice and governs valuation for settlement and accounting of those contracts.
Self assessment scheme for accelerated clearance of import/export cargo
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Self-assessment customs clearance: importer/exporter declarations accepted by EDI with duty computed and subject to post-clearance audit.
The Accelerated Clearance Scheme (ACS) permits eligible importers and exporters to self-assess classification, claim exemptions and declare values with duty calculated by the EDI system and no routine physical examination; participation requires prior application, acceptance of post-clearance audit, record retention, and is subject to exclusions for specified goods and to risk-based physical checks or enforcement intelligence.
Certification and Registration of intermediaries
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Certification and registration requirement extended for mutual fund intermediaries; funds must monitor and report compliance promptly.
Intermediaries distributing mutual fund units must pass the prescribed certification examination and be registered with AMFI within the extended compliance period. AMFI must organise a nationwide examination drive. Mutual funds shall ensure intermediary compliance, record progress in AMC and trustee board meetings, and submit detailed reports to SEBI, including the position as on the prior reference date and quarterly updates with Compliance Test Reports, under Regulation 77 of the SEBI (Mutual Funds) Regulations, 1996.
Amendment in the export import policy
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Deemed export benefits to project supplies remain available for contracts issued before suspension, within contracted delivery schedules.
Entitlement to deemed export benefits is continued for Turbine and Motor Generator Set supplies to the Sardar Sarovar project where contracts or Letters of Intent issued prior to the OECF suspension date are concerned; benefits apply during the contracted delivery period including authorised extensions, while completed contracts as of the Public Notice date are not eligible for Advance Licence for deemed export unless an application for such licence was filed before supplies were effected.
EOU/EHTP/STP/ SEZ Schemes-Amendments in Exim Policy and Handbook of Procedures Vol-1, 2002-2007
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Exemption from SAD on DTA clearances by EOU/SEZ units permitted where VAT is applicable.
Consolidation effective 1-4-2003 replaces multiple notifications with a streamlined set aligning EOU/EHTP/STP/SEZ relief to the revised Exim Policy: central provisions cover duty free import/procurement, duty-free indigenous procurement, concessional DTA clearance and exemption from excise and additional duties; key changes include SAD exemption on DTA clearances (subject to VAT not being exempt), replacement of Export Performance by positive NFE, proportionate recovery of duty on NFE shortfall, permission for import/export by post and personal baggage, expanded duty-free items for contract farming and consumables, job-work allowance for gem and jewellery units, and rules allowing up to 100% depreciation for capital goods cleared to DTA.

Circulars

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Circulars

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