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Circulars
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Selection of scrutiny cases.
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Selection of scrutiny cases: mandatory categories and procedural safeguards govern assessments and officer accountability.
Compulsory scrutiny applies to cases where survey has detected additional income, where concealment reports are received from investigative or enforcement agencies, and where departmental issues with tax impact above prescribed thresholds warrant limited scrutiny. DCIT/ACIT and ITOs must propose scrutiny lists based on departmental information and scrutiny potential-including large deductions, significant refunds and disproportionate income-subject to CIT approval after consultation with JCIT/Addl. CIT. Assessing officers must record reasons before selection, conduct investigations under JCIT/Addl. CIT supervision, and are fully accountable; Addl. CIT/JCIT should assign cases evenly by workload.
Registration of EOU/ETPH/STP’s under 100% Export Oriented Units Scheme for clearance of import goods –Reg.
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Export oriented unit registration required for import clearance; provide prescribed original documents and procurement certificates for timely customs processing.
Registration under the Export Oriented Units Scheme is required before clearance of imported goods; applicants must register with the 100% EOU Section and provide originals such as Green Card, permission letters or licences from Development Commissioner/Director EHTP/STP/BOA, licences under the Customs Act, IEC proof, bank attested authorised signatory, corporate formation documents and photographs. Additional photocopies required include proof of ownership, accepted B 17 bond, legal undertaking and permitted items list, L.O.P. application/profile copy, and income tax return. Units should obtain procurement certificates based on purchase orders/proforma invoices specifying detailed descriptions and, for textiles, yarn and fabric composition and measurements for expedited clearance.
Woven fabrics of cotton subjected to the process of open-air stentering by a textile processor- Clarification- regarding.
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Exemption for open-air stentering: clarifies scope, computation of eligible job charges and definition of open air stenter.
Woven cotton fabrics subjected to open-air stentering by a textile processor in a factory without powered/steam bleaching, dyeing or printing are exempt from excise up to the quantity for which aggregate job-charges do not exceed Rs. 15 lakhs per year. Where the processor stenters on his own behalf, job-charges are deemed to be the difference between stentered and grey fabric values. Costs of other exempted non-powered/non-steam processes are excluded from the ceiling computation. The definition of open-air stenter excludes steam or hot-air stenters and is a question of fact for the Commissioner.
Export by SSI Units – Simplified Export Procedure – Clarification - regarding.
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Proof of export acceptance: Sales Tax documents apply only where exempted units export directly or via merchant exporters.
Acceptance of Sales Tax documents as proof of export under the Simplified Export Procedure is limited to exempted units exporting themselves or through merchant exporters directly from the unit; it does not extend to supplies made to other domestic manufacturers who may or may not export the finished products.
Service Tax — Minor/Sub-head of Accounts for 10 new services
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Service Tax account codes introduced for ten services; officers must notify and guide new assessees and trade.
Introduction of Minor/Sub-head of Accounts under Major Head 0044 - Service Tax for ten specified services, with distinct serial and SCCD codes assigned to each new heads. Each service has sub heads for Tax collections, Other receipts, and Deduct refunds, and divisional and range officers are directed to inform and guide assessees and trade on using the designated account numbers and codes for recording collections, receipts, and refunds.
18/2002 - 25-07-2002 Companies Law
Amendment in the Company Law Board (Fees on Applications and Petitions) Rules, 1991
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Company Law Board fees rules amendment circulated for administrative action and acknowledgement by company registrars.
Amendment to the Company Law Board (Fees on Applications and Petitions) Rules, 1991 by Notification GSR 510(E) dated 22.7.2002 is circulated to Regional Directors and Registrars of Companies for information and necessary action, with a request to acknowledge receipt of the enclosed Gazette notification.
New Scheme Report
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Submission of New Scheme Report required in revised format, triggering mandatory timeline and comprehensive scheme disclosures.
SEBI mandates submission of a revised New Scheme Report format within ten working days from allotment under Regulations 58(1) and 77. The report must include scheme identification, subscription and allotment details, listing and refund dispatch information, initial issue expense treatment, unit holding pattern and large unitholder particulars, statewise geographical dispersion, top ten agents/distributors by commission, and the Compliance Officer's signature.
Section 11 A of the Central Excise Act, 1944 – Time bar Whether applicable in recovery of erroneous refund – Reg.
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Time bar under Section 11A not applicable to recovery of consequential erroneous refunds when issue is finally decided for department.
When a refund paid consequentially is followed by a final decision in favour of the revenue, the limitation under Section 11A does not bar recovery of the refunded amount; field formations are to note and act on this position and refer to earlier Board circulars for related guidance.
Marble Imports- Finalisation of Provisional Assessments-reg
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Valuation guidance suspension: marble slab and block valuation provision kept in abeyance pending Board review.
The Board has found discrepancies in the valuation guidance for marble slabs and blocks (para 2(d) of the earlier circular) and has decided to keep application of that provision in abeyance pending final reconsideration. Field formations are instructed to report implementation difficulties to the Board and to acknowledge receipt of this instruction.
Uniformity in calculation of Sale and Repurchase Price
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Uniform calculation of sale and repurchase price mandates loads applied to NAV and standard rounding for NAV disclosure.
Loads must be charged as a percentage of Net Asset Value and applied to NAV to calculate transaction prices: Sale Price = Applicable NAV x (1 + Sales Load) and Repurchase Price = Applicable NAV x (1 - Exit Load). Offer documents must disclose this method and illustrate by example. NAV rounding is standardized to four decimal places for liquid/money market schemes and two decimal places for other schemes, and these disclosures must be included in new and updated offer documents.
Duty Drawback on ‘Natural dyed made-ups with latex backing - regarding
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Duty drawback eligibility: natural dyed made-ups with latex backing qualify when not grey, permitting drawback claims.
The entry for dyed made-ups with rubber/latex backing includes natural dyed made-ups; such goods that are not 'grey' and show processing with dyes or chemicals are eligible for duty drawback because they have borne input-stage duties. Pending claims should be decided accordingly and public notices and standing orders issued to inform trade and guide staff.
Clarifications regarding operations of Foreign Institutional Investors
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Transaction reporting obligations expanded to include buybacks, open offers and debt trades with revised reporting and confidentiality measures.
The circular mandates revised electronic reporting (Version 2.0) for FII transactions, expanding daily reporting to include buybacks, open offers, write-offs and, imminently, debt transactions while custodians must continue legacy debt reporting until further notice; the revised guidelines supersede earlier instructions. It also requires exchanges to reinforce employee confidentiality obligations and directs FIIs and custodians to adopt safeguards to prevent leakage of sensitive trade information.
Exemption to Tyres. Tubes and Flaps for manufacture of Semi-Trailors - Notfn. No. 6/2000-CE (S. No. 72) dated 1.3.2000 - Clarification - regarding
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Motor vehicle definition clarified: trailers and semi trailers qualify as motor vehicles for excise exemption on tyres and tubes.
The Board clarifies that the term motor vehicles in the referenced notifications covering exemption of tyres, tubes and flaps includes all vehicles required to be registered under the Motor Vehicles Act, 1988; accordingly, trailers and semi trailers that must be registered qualify as "motor vehicles" for the purpose of the excise exemption. Departments are directed to issue trade notices, circulate the circular for information and inform field formations.
Problems faced by Merchant Exporters regarding availment of drawback on garments – regarding
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Cenvat non availment declaration allows higher duty drawback for knitted garment exports, subject to verification and refund obligations.
Knitted garment exporters may claim the higher All Industry Rate of Drawback by furnishing the prescribed exporter and supporting manufacturer/job worker declarations instead of CENVAT non availment certificates; this facility applies to exports from the date Central Excise levy on knitted garments commenced. Commissioners of Customs must verify declarations per the earlier circular's procedure, settle pending cases accordingly, and issue public notices and standing orders. Declarations require statements of non registration with Central Excise, non payment of duty, and non availment of CENVAT, and an undertaking to refund excess drawback if CENVAT is later found to have been availed.
Import of Natural rubber under DEPB scheme
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Use of DEPB scrips permitted to discharge customs duty on freely importable natural rubber, notwithstanding prior circulars.
The Policy limitation on duty-free imports does not prevent using DEPB scrips as a mode of payment of customs duty for natural rubber, which is lawfully importable on payment of prescribed duty; earlier circulars and the cited public notice do not affect this position.
Inspection Schedule for the Systems and Services in Customs and Anti- smuggling Formations-Reg
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Inspection schedule for customs systems ensures regular multi tiered inspections and mandatory centralized reporting.
The circular mandates a formal inspection regime for Customs systems and services (Visadex/alerts, EDI/computerisation, wireless, detection equipment, marine fleet, vehicles, weapons, drug test kits). Jurisdictional Commissionerates bear primary responsibility; Deputy/Assistant Commissioners shall inspect monthly and report results under a dedicated MTR section. Additional/Joint Commissioners shall verify quarterly and Commissioners half yearly. Failures must be recorded in MTRs with corrective actions and timeframes; DGRI will consolidate reports and specialised directorates (DRI, DPO, Commissioner Systems, Director (Communication)) will conduct targeted verifications per assigned schedules.
Exemption from RCMC, EO extension for AL, Modification in App 3, Direct negotiation of documents under DEPB/ DFRC
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Advance Licence export obligation extensions allowed on monthly composition fee proportionate to unfulfilled obligation, subject to exclusions and compliance.
RCMC will not be required for exports of shoddy and specified wool products. Advance Licence export obligations may be extended beyond 30 months on payment of a monthly composition fee proportionate to the unfulfilled FOB value vis-a -vis CIF of imports actually made; extensions are barred for former Value Based Advance Licences, where breaches, misrepresentation, fraud, or prior adjudication orders exist. Appendix 3 (IEC application) is amended with prescribed declarations and banker's certificate requirements. DEPB/DFRC applications may accept FIRC for direct negotiation of documents with a declaration linking remittance to the Shipping Bill(s).
Extension of DGFT service counter at newly created state of Chhattisgarh
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Extension counter facility: optional local filing and scrutiny for export import applications, forwarded to JDGFT Bhopal for issuance.
An Extension Counter of JDGFT, Bhopal is set up in Raipur to collect export import applications, provide guidance, and perform initial scrutiny to remedy deficiencies before forwarding cases to JDGFT, Bhopal for issuance of licences/IEC. Original files will be retained at JDGFT, Bhopal; issued documents will be posted to the Raipur counter for delivery to exporters upon surrender of the original receipt and presentation of valid ID. Use of the counter is optional and exporters may still apply directly to JDGFT, Bhopal.
Instruction regarding documents required for issue of status certificates under Chapter 3 of the Exim Policy
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Export eligibility rules require three consecutive years of exports; concessional recognition limited to qualifying manufacturer exporters.
An exporter must have export performance in each of the three preceding years to qualify for status certificates; any year without exports disqualifies the applicant. The special concessional recognition is restricted to manufacturer exporters of specified small or regional categories, excludes merchant exporters, and requires ISO certificates covering the full three years and an explicit Chartered Accountant certification. The C.A. certificate must detail serial number and date, product, F.O.B. value, date of realisation and country of destination, with each page attested.
Eligibility of Cash Dispensers under notification No.21/2002-Cus., Sl.No.272. - Reg
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Eligibility of Automatic Teller Machines for concessional duty under customs classification clarified; cash dispensers excluded.
Automatic Teller Machines are multifunctional banking terminals performing cash dispensing and additional banking transactions, while Cash Dispensers are single-purpose machines that only dispense cash; both fall under the office machines tariff heading, but only Automatic Teller Machines qualify for the concessional rate of duty, whereas Cash Dispensers are excluded.

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