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Circulars
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RUW CIRCULAR NO.1 (2002-2003)
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Registration of affiliated underwriters permitted if independent governance and operations, but enforcement may extend to related entities.
Registration may be granted to two entities in the same group only if each is a separate legal entity with independent Boards (no majority common directors), arm's-length operations, independent key personnel and infrastructure, and independent regulatory controls; however, suspension or cancellation of one entity's registration may entail regulatory action against other registered group entities, and entities are in the same group where the same person (alone or with relatives) exercises control, they are under the same management as defined by company law, or one directly or indirectly controls the other.
Accountal of Petroleum Products movements through pipelines without payment of duty.
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Accountal of pipeline movements without duty: quarterly ARE-3 reporting, provisional re warehousing certificates and certified annual reconciliation.
A procedural regime allows refineries to generate one ARE-3 per product per destination at quarter end, permits receiving installations to issue re warehousing certificates ARE-3 wise which are provisionally acceptable to refinery authorities, dispenses with D 3 and consignment wise ARE 3/A R 3A requirements, and requires oil companies to file a certified annual pipeline account reconciling dispatched, re warehoused quantities and gains or losses for each product and destination.
22/2002 - 23-09-2002 Companies Law
Clarifications regarding provisions of Section 205C with respect to Unpaid Dividend
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Unclaimed dividends and corporate payments: transfer to Investor Education and Protection Fund after prescribed unclaimed period.
Section 205C mandates transfer of specified unclaimed corporate monies to the Investor Education and Protection Fund when they remain unclaimed for the statutory unclaimed period. This covers unpaid dividends (including interest), application moneys due for refund, matured deposits, matured debentures and interest thereon, subject to transitional rules for amounts previously transferred to government accounts and a limited grace period following the Fund's operational commencement.
Levy of penalty under section 114A of Customs Act, 1962 – Clarification- regarding
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Penalty under section 114A applies to both customs duty and interest where collusion or willful suppression is found.
Penalty under section 114A of the Customs Act, 1962 should be assessed to include both duty and interest; the Ministry of Law advised that the disjunctive conjunction "or" may be read as "and" to give effect to legislative intent, and field formations should apply this construction when imposing penalties for collusion, willful misstatement, or suppression of facts and issue Standing Orders accordingly.
Portfolio Disclosures
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Portfolio disclosure requirements impose additional footnote and industry classification obligations for mutual fund half yearly portfolios.
Mutual funds must include, in their statutory half yearly portfolio disclosures, a footnote stating the portfolio turnover ratio for equity oriented schemes and the average maturity period for debt oriented schemes, and must display the industry name alongside each security using the AMFI recommended industry classification; these measures supplement the format required by Regulation 59A and are issued under Regulation 77.
Electronic Data Information Filing And Retrieval (EDIFARE]
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Electronic filing requirement extended to additional listed companies for mandated EDIFAR uploads and compliance.
SEBI requires an expanded set of 500 listed companies, selected by market capitalization and turnover, to upload the specified statements and information identified in SEBI circular SMD/Policy/Cir-13/2002 to the EDIFAR web portal from the quarter ending September 2002; all prior EDIFAR filing provisions and procedures continue to apply.
RPM CIRCULAR NO.1 (2002-2003)
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Portfolio manager registrations allowed for distinct group entities if legal, board, operational, and supervisory independence exist.
SEBI will grant separate portfolio manager registrations to distinct entities in the same group if they are separate legal entities with independent Boards (no majority common directors), maintain arms length operations, have independent key personnel and infrastructure, and possess independent regulatory controls and supervisory mechanisms; however, suspension or cancellation of one group entity's registration may invite action under Regulation 35 against other registered group entities. "Same group" encompasses common control by a person (alone or with relatives), being under the same management as per the Companies Act, 1956, or direct/indirect control of one entity over another, with "control" as defined in the SEBI takeover regulation.
RMB CIRCULAR NO.1 (2002-2003)
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Registration independence for group entities: separate merchant banker certificates allowed if independence criteria are satisfied.
Circular permits separate merchant banker registration for group entities where each is a separate legal person, has independent Boards (no majority common directors), operates at arm's length, maintains distinct key personnel and infrastructure, and retains independent regulatory controls; it also provides that suspension or cancellation of one entity's registration may invite regulatory action against other registered group entities. 'Group' is defined by common control (alone or with relatives), same management per the Companies Act, or direct/indirect control, with 'control' as defined in the Takeovers Regulations.
Central Excise Registration-new instructions regarding
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15 digit PAN based Registration mandates same day issuance via SACER, temporary numbers and mandatory conversion procedures.
From 1.10.2002 Central Excise registration is centralized at Divisional Offices using the SACER system to generate a 15 character PAN based Registration Number or a system generated Temporary Registration Number where PAN is absent; applications are to be entered into SACER and, if complete, a Registration Certificate issued on the spot, with post registration verification by Range Officers and procedures to convert Temporary Numbers to PAN based numbers once PAN is obtained.
Import of Raw Garlic Against Export of Garlic Product under Duty Exemption Scheme
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Advance licence conditions: import of raw garlic allowed only with prior import and allicin-content match requirement.
Advance licences for import of raw garlic against export of garlic products must include a prior import condition and a requirement that the allicin weight in import and export match within a narrow variation on the basis of chromatographic profile; Regional Licensing Authorities shall issue licences with these endorsements and forward them to the head office ALC for finalization of norms under the Handbook of Procedures.
External Commercial Borrowings (ECBs)
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External Commercial Borrowings eligibility clarified: Automatic route confined to registered legal entities; individuals, trusts and non profits excluded.
Only legal entities registered under corporate, societies or cooperative statutes, including proprietorships and partnerships, are eligible to raise ECBs under the Automatic Route; individuals, trusts and non profit organisations are excluded. Authorised dealers must notify affected constituents of this clarification, issued under the regulatory powers of the foreign exchange statute.
External Commercial Borrowings (ECBs) - Prepayment
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Prepayment of external commercial borrowings allowed under automatic route with simplified compliance; larger prepayments require central bank approval.
Any borrower who raised ECBs in accordance with applicable rules may prepay outstanding ECBs up to USD 100 million without prior Reserve Bank permission via the automatic route, subject to a certificate from the company secretary/auditors confirming lawful utilisation and submission of ECB-2 Returns; authorised dealers must file the revised ECB-PAR within seven days. Prepayments above USD 100 million require Reserve Bank approval or in-principle clearance (valid 15 days), while prepayment from EEFC balances or fresh equity inflows requires no prior permission even if exceeding the threshold.
Electronically filing of application .(all applications for Advance Licences/DEPBs/DFRCs shall be filed electronically only. )
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Electronic filing requirement for export licences mandates only electronic submission of Advance Licences, DEPBs and DFRCs; manual filings barred.
All applications for Advance Licences, DEPBs and DFRCs must be filed electronically; manual applications will not be accepted. Exporters must obtain passwords by applying with copies of IEC allotment letter and RCMC to the designated office contact, and passwords will be issued within one working day, as part of the transition to a paperless electronic filing system.
Disposal of duplicate copies of Export Declaration Forms
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Retention of duplicate export declaration forms: authorised dealers to retain certified duplicates and conduct internal audit checks after realisation.
Authorised dealers must retain, after due certification following realisation of export proceeds, duplicate copies of export declaration forms (GR, PP, SOFTEX), Exchange Control copies of shipping bills and related SDF instead of submitting them to the Reserve Bank; they must continue to submit Schedules 3-6 with R-Returns and perform random internal/concurrent audit checks to ensure any non-realisation or short realisation is within delegated powers or has required approval.
Service Tax — Food Grain Commission Agents — Leviability of Service Tax as C&F Agents
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Clearing and Forwarding agent status determined by commission relationship; commission from principal triggers service tax liability.
Whether food grain commission agents are C&F Agents depends on the principal-agent relationship and who pays the commission. Agents who buy grain outright are not agents of the farmer and are not C&F Agents. Agents who sell on farmer-dictated terms but receive commission only from buyers are not C&F Agents; unlawful deductions do not create agency. Agents who lawfully receive commission from farmers and meet Board conditions are C&F Agents and liable to service tax on their commission.
Amendments/ Corrections in the Schedule of DEPB Rates
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DEPB rate amendment adds entitlement for disposable hypodermic needles under the Schedule of DEPB Rates.
Addition to the Schedule of DEPB Rates inserts an entry for "Hypodermic needle (Disposable)" under Engineering Product Code 61, specifying a DEPB Rate of 3% and showing a column for a Value Cap for DEPB entitlement without a specified cap; the change is effected under the Export and Import Policy, 2002-07 and the Handbook of Procedures, 2002-07 by Public Notice No. 35/2002-07.
Soft Copy of Manual applications. Amendment in documentation for redemption under AL for DE, Addition of four new AEZ's
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Documentation requirement: soft copy submissions and stricter deemed-export proof; new agri export zones specified issued.
Manual application filers must provide a soft copy of the application in MS Word on a floppy disk; deemed-export supplies to EOUs/EPZs/SEZs require a copy of the invoice or ARE-3 signed by the receiving unit and jurisdictional excise authorities certifying item, quantity, value and date of supply; four Agri Export Zones are added for specified products and districts.
General permission for Authorised Dealers to import currency notes from their overseas branches – regarding
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Import of currency notes permitted for authorised dealers without separate central bank clearance; customs must allow normal imports.
Authorised dealers may import currency notes from their overseas branches/correspondents to meet normal banking requirements under the general permission retained from the Exchange Control Manual/FEMA; customs should not insist on separate Reserve Bank clearance and any implementation difficulties should be reported to the Board.
21/2002 - 12-09-2002 Companies Law
Threshold limits for deduction of tax at source from income by way of dividends and income from units.
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Threshold limit for TDS on dividend and mutual fund income raised, exempting small payments from deduction.
The circular raises the threshold limit for deduction of tax at source on dividend income and income from mutual fund units so that no tax shall be deducted where the dividend or unit income does not exceed the prescribed threshold, with immediate effect; officers are directed to implement the revised threshold and to notify staff in their regions.
Duty evasion by fabric importers in connivance with M/s. Sweety International Pvt. Ltd. (SIPL), Surat under Advance Licence Scheme by showing high seas sales transaction — regarding
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Duty evasion through Advance Licence Scheme exposed; customs instructed to alert field staff and prevent high seas sales fraud.
Duty evasion under the Advance Licence Scheme involved SIPL obtaining licences using a fictitious office and manufacturer, arranging ostensible high seas sales so bills of entry were filed in SIPL's name, obtaining duty-free clearance, then delivering goods to original importers for a premium. The circular directs issuance of instructions to customs field staff to detect and prevent this modus operandi and requests acknowledgement of receipt.

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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